us law taiwan
THE Consumer Protection Act, 1986, a priority --
The Consumer Protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation of the country. The main objective of the new law is to provide for better protection of consumers, in contrast to the existing laws, the punishment or preventive in nature. The Act intends to make a simple, quick and inexpensive redress in the interest of the consumer complaints.
In India, various laws that protect consumers against the various forms of exploitation has been adopted as the Indian Penal Code, I860, Indian Contract Act, 1872, Drug Control Act, 1950, Industries (Development and Regulation) Act, 1951, Indian Standards Institution ( Certification Marks) Act, 1952, Drugs and Magic Remedies Directives (objectionable advertisement) Act, 1954; prevention of food adulteration Act, 1954, Essential Commodities Act, 1955; Trade and Merchandise Marks Act, 1958; lease Act, 1972; Cigarettes (Regulation Production, Supply and Distribution) Act, 1975, Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980: Essential Commodities (Special Provisions) Act, 1981, Multi-State Cooperative Act, 1984; standard of weights and measures ( Enforcement) Act, 1985, and Narcotic Drugs and Psychotropic Substances Act, 1985. Some major consumer edicts of time before the independence of the Sale of Goods Act, 1930; agricultural products (Grading and Marketing) Act, 1837 and Drugs and Cosmetics Act, 1940.
The Consumer Protection Act is an alternative and cheapest solution already available to the aggrieved persons / consumers by way of civil suit. In the complaint / appeal / petition submitted under the Act, the consumer is not bound to any court, or even process fee. Summary of the proceedings are in the nature, and is dedicated to the liberation of the parties in the quickest possible time in view of the spirit of the law, for the disposal of cases within possible time schedule prescribed under the Act.
Who is a consumer?
A consumer is any person who buys goods for a review and user of such goods where the use is consistent with the approval of a buyer, any person, the staff has all for a test and each recipient of these services, when such services are with the use of the consent of the person, the attitude of the service. The consumer must not have made full payment. Products: all movable property and stock, but no enforceable rights. Service of any kind is CPAct & Banking includes financing, insurance, transportation, processing, housing and construction, the supply of electrical energy, entertainment, entertainment, accommodation and food among others.
Who can file a complaint?
A complaint about a paper either handwritten or typewritten, may be made by a consumer, a registered consumer association, central or state government and one or more consumers, where many consumers who have the same interest. No stamps or court fee is required.
Consumers can make complaints against which the things?
A) the unfair trade practices or restrictive trade practice adopted by the trader.
B) defective products.
C)-deficiency in service.
D) Excess price the dealer.
E) Unlawful sale of goods that pose a danger to life and safety in use.
Where to lodge a complaint?
The Consumer Protection Act was a three-tier system in the vernacular known as "Consumer Courts" ": --
A) District Forum: For claims up to Rs.20 lakh.
B) State Commission: For information about Rs.20 lakh but less than Rs.1 crore.
C) National Commission: For information about Rs 1 crore.
The nature of the complaint must be clearly noted, and the discharge of the consumer. It must be in quadruplicate in the District Forum or State Commission (as the case may be), if only for one party. Otherwise, additional copies are required to be filed. Generally complaint should be decided within 90 days from the date of notification to the other party. If a sample of goods is required to examine a complaint must be disposed of within 150 days.
What are the reliefs for the consumer?
Consumer Courts may designate one or more of the following advantages: --
A) Repair of defective goods.
B) replacement of the defective merchandise.
C) refund the price paid for the defective product or service.
D) Elimination of the defects in the Service.
E) in the reimbursement of additional costs money.
F) Withdrawal of goods hazardous to life and security.
G) The compensation for loss of or damage to the consumer through
Negligence of the opposite party.
H) reasonable costs of filing and pursuing the complaint.
I) the granting of punitive damages.
What is the legislation that all of these rights?
It is the Consumer Protection Act, 1986. The Act aims to promote and protect the interests of consumers against the shortcomings and defects in products or services. Another objective is to safeguard the rights of consumers against unfair or restrictive trade practices which are practiced by the manufacturers and dealers. There are different levels of authorities, that the ad-judicatory are set up under the Act as a forum for consumers to seek redressal of their complaints in an effective and simple manner.
What are the other benefits to the consumer under this law?
The consumer under this Act shall not be required to deposit advalorem court fees that were previously used by consumers from the courts. The expected cases were dropped, and by a simple procedure compared to the normal courts, which helps faster redressal of complaints. The provisions of the Act are compensatory measures in nature.
So we can see that the law has proved a panacea for consumers all over the country and has the shape of practically the most important law in the country in recent years. It has become the vehicle for enabling people to a speedy and inexpensive redressal of their complaints. With the adoption of this law, consumers now feel that they are in a position to declare "sellers be aware" whereas previously the consumers were at the recipients and generally said, "buyer be aware ".
Subhojyoti Acharya is a final 5TH & Yr. Student of BALLB (Hons) in the prestigious Faculty of Law, University of Calcutta, India. His career goal is to excel in the field of law and become a part in this dynamic growth-oriented work and the new challenges in life.
วันอังคารที่ 11 สิงหาคม พ.ศ. 2552
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