Study Notes

Consumer Protection Law

Consumer Protection- its necessity

Introduction

i. Consumerism in India

ii. Need of Consumer Protection Act, 1986

iii. Objectives and Scope of Consumer Protection Act, 1986  

Consumer, the concept

i. Definition of Consumer

ii. Position of third party beneficiary

iii. Voluntary and involuntary consumer

iv. When a person is not a consumer;

Consumer of goods

i. Meaning of defects in goods

ii. Standards of purity, quality, quantity and potency

iii. Price control

iv. Statutes: food and drugs, engineering and electrical goods

 Unfair trade practices

i. Misleading and false advertising

ii. Unsafe and hazardous products

iii. Bargain price

iv. Falsification of trademarks;

Consumer Protection Councils

i. Constitution and procedure of central consumer protection council

ii. Constitution and procedure of state consumer protection council

iii. Consumer rights

Service

i. Deficiency – meaning

ii. Service rendered free of charge

iii. Service under a contract of personal service;

 Medical service

i. How to determine negligence

ii. Patient is a consumer

iii. Denial of medical service: violation of human rights

Insurance

i. Controversy regarding insurance claim

ii. Insurance interest

iii. Insurance service

iv. The beneficiary of group insurance is a consumer;

 Public Utilities

i. Supply of electricity

ii. Postal service

iii. Telephonic service

iv. Housing;

Redressal Mechanism

i. Consumer dispute redressal agencies

ii. Jurisdiction of District Forum, the state commission, and national commission Part B Power to set aside ex parte order, transfer of cases circuit benches, the finality of orders;

Enforcement of Consumer rights

i. Execution of orders of district forum, state commission, and the national commission

 Judicial Review

ii. Public interest litigation

iii. Class action

iv. Administrative remedies:

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