A Case Study about Consumer Protection Act Related to Banking Sector
Abstract: According to the constitution of India justice is an important part in which a consumer justice and protection is one subpart. There are number of legislations were passed by the Indian Parliament but they fail to protect the interest of small consumers. In the Consumer Protection Act, 1986 was passed, to protect the interest of the consumers. In this article, I try to deal with the negligence and deficiency in service of banks in relation to shares and investments and what are rights and remedies as a consumer.
Introduction: In the constitution of India, social and economic justice is an important part in which a consumer justice and protection is also a part. There are number of legislations were passed by the Indian Parliament such as Drugs (Control) Act, 1950; Prevention of Food Adulteration Act, 1954; Essential Commodities Act, 1955; Essential Services Maintenance Act, 1968; Trade and Merchandise Marks Act, 1958; MRTP Act, 1969, etc. But all these act are failed to protect the interest of small consumers.
Introduction: The National Consumer Agency (NCA) is an independent statutory agency established under the Consumer Protection Act 2007. The Minister for Enterprise Trade & Employment established the Agency in response to the publication of a 2005 report by the Consumer Strategy Group entitled ‘Make Consumers Count’. This identified important deficiencies in the protection and promotion of consumer rights in Ireland. The powers and role of the former Office of the Director of Consumer Affairs (ODCA) are now vested in the National Consumer Agency.
Consumer law: Consumer law applies to a person who comes within the legal meaning of the term ‘consumer’. A ‘consumer’ is defined as a person who buys goods or services for their personal use or consumption. The ‘Sale of Goods and Supply of Services Act, 1980’ sets out consumers’ basic rights in respect of buying goods and services and details of its provisions are set out later in this case study. The introduction of the new Consumer Protection Act in 2007 marks the most important and comprehensive development in consumer protection law in recent decades.
A Case Study about Consumer Protection Act (CPA): UK
This case study concerns the liability of a manufacturer of a product for harm which is suffered by the “ultimate consumer” of that product. It is important to consider the remedies that would be available in contract and under the doctrine of tortuous liability for defective goods.There is privity of contract in the relationship between Pamela and Cooks Stores and, therefore, in contract a remedy would be available to Pamela only.
To invoke such a remedy under contract, Pamela should be able to rely on the terms implied into the contract by the Sale of Goods Act 1979, such as provided under s. 14 (2B) by which goods are not of satisfactory quality if they are unsatisfactory in terms of safety and durability, according to the standards of a reasonable person. The SGA provides recourse to a seller and, therefore, this act should enable Pamela to reclaim the £175 purchase price of the food processor from Cooks Stores.
The 2008 Legislature, in Substitute House Bill 3144, requested my Office conduct a study to determine the percentage of consumer complaints of possible consumer protection act violations received by our consumer resource centers that are resolved to the consumer’s satisfaction.
Develop possible sanctions that we may use if we determine that a consumer’s complaint is legitimate and the business fails to provide the consumer with an adequate remedy or response. We conducted the study and have developed the possible sanctions within existing resources in accord with the law. Below are the survey results and our analysis of those results.
A market is where buyers and sellers come together to engage in business. Sellers seek money from sales, consumers wish to buy something they want or need. The situation suits both parties, as long as they both gain from the exchange.
Buyers want to buy products at the best price possible. However, in order to stay in business, retailers must ensure that they make a profit by selling products at a price which covers all costs and provides a profit for risk taking and future development. Costs include the price at which the product was purchased, staff costs, store operation costs, delivery and other overheads. Buyers have a right to expect that the goods are safe, properly described, priced correctly and will continue to work for a reasonable period of time.
Reputable companies like DSGi recognise that the customer has the right to expect these things as a basic minimum. However, in a totally open uncontrolled market rogue traders could mis-describe products deliberately, sell damaged, unsafe or unfit products to customers who would have no redress. Read more on consumer protection
Private medical provision is an important constituent of health care delivery services in India. The quality of care provided by this sector is a critical issue. Professional organizations such as the Medical Council of India and local medical associations have remained ineffective in influencing the behaviour of private providers. The recent decision to bring private medical practice under the Consumer Protection Act (COPRA) 1986 is considered an important step towards regulating the private medical sector. This study surveyed the views of private providers on this legislation. They believe the COPRA will be effective in minimizing malpractice and negligent behaviour, but it does have adverse consequences such as an increase in fees charged by doctors, an increase in the prescription of medicines and diagnostics, an adverse impact on emergency care, etc. The medical associations have also argued that the introduction of COPRA is a step towards expensive, daunting and needless litigation. A number of other concerns have been raised by consumer forums which focus on the lack of standards for private practice, the uncertainty and risks of medicines, the effectiveness of the judiciary system, and the responsibility of proving negligence.
How relevant are these concerns? Is the enactment of COPRA really appropriate to the medical sector? The paper argues that while this development is a welcome step, we need to comprehensively look into the various quality concerns. The effective implementation of COPRA presumes certain conditions, the most important being the availability of standards. Besides this, greater involvement of professional organizations is needed to ensure appropriate quality in private practice, since health and medical cases are very different from other goods and services.
To fulfill the objects of the Act the Central Government has established the Central Consumer Protection Council, and the State governments have established the District forums and the State Consumer protection Council in their respective states. A complaint may be made by either the consumer, the government, a recognised consumer society or by one or more consumers having a common interest, within two years of the grievance arising.
A few instances when such a complaint may be made include losses caused to a consumer as a result of unfair trade practice, defect in goods, deficiency in services, charging in excess of price displayed etc. Once the complaint has been received the other party will be asked to give their version of the case.Click here to read more…