M. PIRAVI PERUMAL
23 December 2008 at 19:43
The Consumer Protection Act, 1986
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. All the provisions of the Act have come into force from 1 July 1987.
The Act was amended in 1991 and 1993. To make the Consumer Protection Act more functional and purposeful, a comprehensive amendment was carried out in December 2002 and brought into force from 15 March 2003. As a sequel, the Consumer Protection Rules, 1987 were also amended and notified on 5 March 2004. The salient features of the Act are: (I) it applies to all goods and services unless specifically exempted by the Central Government; (ii) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature; (iii) It enshrines the following rights of consumers: (a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers' interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education; (iv) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives will be to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and (vi) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
At present there are 35 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is required to set up the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. Since its inception and up to March 2004, 32,910 cases were filed out of which 24,974 cases disposed of in the National Commission. Similarly 3,01,485 cases were filed and 1,97,797 cases disposed of in the State Commissions and 18,86,236 cases were filed and 16,46,698 cases disposed of in the district fora. Overall 18,69,469 cases have been disposed of out of 22,20,631 cases filed with a remarkable disposal rate of 84.2 per cent.
The government has declared 24 December as 'National Consumer Day', since the President gave his assent on that day to the enactment of the historic Consumer Protection Act, 1986. Besides this 15 March is observed as 'World Consumer Rights Day' every year.
praveen
23 December 2008 at 19:42
I have deposited Rs20000/- on 10/01/1994 for priority registration of a car with the manufacturing company's authorized dealer. The company claims to have send me a RECEIPT-CUM PRIORITY CARD(RCPM) but the same i have not received but the company says it had dispatched the card on 11/08/1995. This month i have sent an email to the company to give back my advance with reasonable interest, it had replied "As of today, as per our records, the booking remains unclaimed and treated it as lapsed claim.Now the amount claimed is barred by law of limitation and the company is not liable to refund the money."
Now can i claim the refund please suggest and how to go ahead and claim the advance money deposited
Arihant AC
23 December 2008 at 18:40
Respected Sir,
Can any body let me know that whether EPF Act is applicable to Building & Constructions Contractor who are involved in Appartments, Bunglows, Tower of Communication Works at Highways.
Regards,
Nehal
Keshav Kumar Saxena
23 December 2008 at 18:28
Dear Sir,
Kindly explain whether an employee who was working as computer operator in a limited company since 1992, was appointed since beginning on differed minimum basic salary which was for that time to the technical employees having difference of Rs.300/- approx. D.A. for that basic was also not improved as per increment which company provided yearly. The employee was not aware about this all since 2007. Now please tell whether the employee can recover his dues as per laws.
PADMAswaminarayan
23 December 2008 at 15:20
My Dad has purch his flat on may 1986. Well is stamp duty still reqd to be paid in STAMP DUTY AMNESTY SCHEME as it is said that period after October 1980 and befor3e December 1986 no stamp duty is reqd to be paid.
Plzzz help as we are confused
Murugesh
23 December 2008 at 14:36
Dear Friends,
Please give the detail ( Rules / Sections ) for annual leave encashment & accumulation.
Is labour law about Leave encashment is applicable to contract employee also? or any other law or rules available?
Is it mandatory or not by law?
Please clarify
advocate satya
23 December 2008 at 12:52
sir
one cheque is bounced on 25/11/2005, no notice is been issued , can the case be filed at present, do limitation attract and also pls guide if it is not admited in court do the court fee will forfited?
Anand Paleja
23 December 2008 at 12:31
is there any limit for allotment of shares to subscribers on incorporation and for issue of share certificates and can the shares be allotted to subscriber on incorporation at premium rather then on face value.
Mohamed Ali
23 December 2008 at 10:11
I am a Sunni Hanafi Muslim'.
" Is Mohameddan law codified in India or it is still the Textual based Mohameddan law(which is taken from Quran) being followed in Indian Courts.
Vikas Kr. Sinha
23 December 2008 at 09:13
Dear friends
Whether the terms "any person" under section 11 of the trade union act, includes any individual, not being the office bearer of the trade union whose registration has been cancelled under section 10.
Any decision in this subject?
Functioning of consumer courts
The Consumer Protection Act, 1986
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. All the provisions of the Act have come into force from 1 July 1987.
The Act was amended in 1991 and 1993. To make the Consumer Protection Act more functional and purposeful, a comprehensive amendment was carried out in December 2002 and brought into force from 15 March 2003. As a sequel, the Consumer Protection Rules, 1987 were also amended and notified on 5 March 2004. The salient features of the Act are: (I) it applies to all goods and services unless specifically exempted by the Central Government; (ii) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature; (iii) It enshrines the following rights of consumers: (a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers' interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education; (iv) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives will be to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and (vi) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
At present there are 35 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is required to set up the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. Since its inception and up to March 2004, 32,910 cases were filed out of which 24,974 cases disposed of in the National Commission. Similarly 3,01,485 cases were filed and 1,97,797 cases disposed of in the State Commissions and 18,86,236 cases were filed and 16,46,698 cases disposed of in the district fora. Overall 18,69,469 cases have been disposed of out of 22,20,631 cases filed with a remarkable disposal rate of 84.2 per cent.
The government has declared 24 December as 'National Consumer Day', since the President gave his assent on that day to the enactment of the historic Consumer Protection Act, 1986. Besides this 15 March is observed as 'World Consumer Rights Day' every year.