Consumer Protection Act NN
Consumer Protection Act NN
Consumer Protection Act NN
Introduction
Consumer Protection Act was enacted in the year 1986 to provide a better protection of
the interests of consumers and encourage the consumer movements through consumer
councils and other authorities for the settlement of consumer ' s disputes and for matters
connected therewith. The Act gives full freedom to consumers in getting legal protection and
free from fear complexities and technicalities involved with the various legal procedure in the
regular course of action like complaints and so on. Moreover, there is no court fees or stamp
duty to be affixed, no matter whatever may be the amount involved in the complaints. So the
Act facilitates the consumers to get a better, inexpensive and speedy remedy. The Act shall be
applicable to all goods and services unless otherwise, expressly provided by the Central
Government by notification. The law shall see to the benefit of the general public, that is the
consumers. The act applies in addition to the sale of all goods and services, in the private
sector and the public sector as well as Government agencies. It provides for the establishment
of Central Consumer Protection Council by the Central Government and likewise State
Consumer Protection Council by the respective State Government.
MEANING OF CONSUMER
Consumer is an individual who buys products or services for personal use and not
manufacture or resale. A consumer is someone who can make the decision whether or not
purchase an item at the store and someone who can be influenced by marketing and
advertisements.
DEFINITION OF CONSUMER:
According Consumer Protection Act, 1986, " Consumer means any person who buys
any goods for a consideration which has been paid or promised or partly paid and partly
promised, or under any system of deferred payment and includes any user of such goods other
than the person who buys such goods for consideration paid or promised or partly paid or
partly promised, or under any system of deferred payment when such use is made with the
approval of such person but does not include a person who obtains such goods for resale or for!
any commercial purpose ".
According to Oxford Dictionary, " Consumer is a person who purchases goods and
services for personal use ".
According to the Sec 2 (1) (d), " Any person, who buys any goods against consideration is a
consumer. "
CONSUMER DISPUTE:
Section 2 (1) (e), It refers to a dispute where the person against to whom a complaint has
been made, denies or disputes the allegations contained in the complaint. Thus, it is clear that
if a person against to whom complaint is made agrees to the compliant, there is on ' Consumer
dispute
Meaning of Complaint:
It means any allegation in writing made by a complainant that is unfair trade practice or
restrictive trade practice adopted by any trader.
Meaning of Deficiency:
Deficiency means any fault, imperfection, shortcoming or inadequacy in the quantity/ nature
and Mannes of Performance which is required to be maintained by or under any law for the time
being in force & has been undertake to be performed by a person in pursuance of a contract or
otherwise in relation to any service
Meaning of Service:
Service means services of any description which is made available to potential users. It
includes the provisions of facilities in connection with banking, financing, insurance, transport,
processing, supply of electrical rather energy, boarding or lodging or both, house construction,
entertainment, amusement or other purveying news or other formation
OBJECTIVES AND SCOPE OF THE ACT:
There are six consumer rights recognised by the Act in the form of its objects, and are as follows:
(a) The right to be protected against marketing of goods and services which are hazardous to
life and property. So, consumers should always sport an attitude of beware as, " Don ' t sell
me goods hazardous to my life and property ".
(b) Secondly, the right to be informed about the quality, quantity, potency, (marked or branded)
purity, standards and price of goods and services to protect against unfair trade practices.
(c) Then, the right to be assured ', whenever possible, access to an authority of goods and
services at competitive prices.
(d) “The right to be heard ' and to be assures that the consumer ' s interest will receive due
consideration from appropriate forums.
(e) The right to seek redressal against unfair trade practices or restrictive trade practice or
unscrupulous exploitation and finally;
(f) the right to consumer education.
The Central and State Consumer Protection Councils are to protect and promote the
above objects.
Actuated with above purpose a speedy, inexpensive and simple quasi – judicial machinery of
redressal agencies to settle consumer disputes have been set up at the District, State and national level.
RIGHT OF CONSUMERS:
The consumer ' s rights have been expanded to the following:
(a) Right to basic needs: Food, shelter, clothing, health care and education.
(b) Right to safety: Right to be protected against products, production processes and services
which are hazardous to health and life.
(e) Right to information: Right to get access to all the facts necessary to make an informed and
conscious choice. This right includes the right to protection against dishonest, deceitful and
misleading advertisements.
(d) Right to Choose/ Choose: Right to have access to a variety of product and services at competitive
prices and in case of an existing monopoly the right to have assurance of satisfactory quality and
service at a reasonable price which is a right against exploitation.
(e) Right to be heard: This is the right to be heard by any person, organisation, business and
government, the voice of the consumers. This right has been represented during the formulation
and execution of economic policy.
(f) Right to redress: It is for right to a fair settlement of just claims, and this includes right to receive
compensation for misrepresentation.
(g) Right to consumer education: In this right to acquire knowledge and skill to become an
enlightened consumer.
(h) Right to a healthy environment: Right to have protection under mis - representation over which
he as an individual has no control, but nevertheless falls as a victim.
Introduction:
This Act relates to general measures to protect the environment, such as restriction on
industrial and other processes or activities in specified areas. It also deals with prevention
and
control over the manufacture, use release and movement of hazardous substances.
According to Chapter 1, Section 1 provides for short title extent and commencement. It
extends to the whole India. It came into force on 19 Nov 1986, The Central Government by
notification in the official Gazette appoint and different dates may be appointed for different
provisions of this Act and for different areas. The Act is an important legislation designed to
provide a framework to the Central Government and co - ordination of the activities of
various
Central and State authorities established under same of the Act like Water Act and Air Act.
DEFINITIONS
In General Environment is "a sum total of all living and non-living components surrounding
organisms. "
Whereas the definition under this Act is
Sec (A) Environment ' - " Environment includes water, air and land and the inter-relationship
which exists among and between water, air and land, and human beings other living
creatures, plants, micro - organisms and property. "
Chapter III of See 7 to 17 grants the various provisions to prevent, control and abate the
environmental pollution. The following are the details of the same:
Emission or discharge of environmental pollutants:
Section 7 provides that no person carrying on any industry, operation or process shall
discharge or emit or permit to be discharged or emitted any environmental pollutant in
excess
of such standards as may be prescribed.
Handling hazardous substance: Sec. 8 of the Act discuss about the persons handing
hazardous should be substances to safeguard the same.
The section 8 explain as, " No person shall handle or cause to be handled any hazardous
substance except in accordance with such procedure and after complying with such
safeguard
as may be prescribed.
The foreign exchange management act 1999 (FEMA) is an act of the Parliament of India "to
consolidate and change the law relating to foreign exchange with the objective of facilitating
external trade and payments and for promoting the orderly development and maintenance of
foreign exchange market in India".
As a part of the ongoing process as economic liberalisation relating to foreign investment and
foreign trade review of the foreign exchange regulation act, 1973 was made in the year 1993,
and several amendment were enacted. Subsequently it was felt that FERA 1973 must be
replaced.
On the recommendations of the task force reported in 1994 and keeping in view the
significance development on August 4th 1994. The FEMS bill was introduced by Finance
Minister in Lok Sabha the bill having passed by both the houses of Parliament. It came into
force on 1st of June 2000 as FEMA.
Objectives of FEMA:
The main objective of FEMA is to consolidate and amend the law relating to foreign
exchange with a view to facilitate external trade.
Authorised person means an authorised dealer, money changer off-shore banking unit
or any other person for the time being authorised dealer in foreign exchange or foreign
securities.
Meaning of Currency:
Currency includes all currency notes, postal notes, postal order, money orders,
cheque, drafts, travellers' cheque, letter of credit, bills of exchange and promissory notes,
credit cards or such other similar instruments as may be notified by the Reserve Bank.
Foreign exchange is the exchange of one currency for another or the conversion of
one currency into another currency. Foreign exchange also refers to the global market where
currencies are traded virtually around the clock.
Foreign security means any security in the form of shares, stocks and bonds,
debentures or any other instrument expressed in foreign currency and include securities
expressed in foreign currency, but where redemption or any form of return such as interest or
dividend is payable in Indian currency.
8. Provisions relating to authorised persons that is authorised by RBI to deal with foreign
exchange or in foreign securities
13.Miscellaneous provisions
Capital account transaction means transactions which alter the assets or liabilities,
including contingent liabilities outside India, of person's resident in India or assets or
liabilities in India, of person's resident outside India and includes transactions.
5. Taking out insurance policy form and insurance company outside India
9. Guarantees issued by a person resident in India in favour of a person resident outside India
10 .Loans and overdraft (borrowings) by a person resident in India from a person resident
outside India
11. Maintenance of foreign currency account in India and outside India by a person resident
in India.
Current account transactions are the transactions other than the capital account
transactions. Current account transaction means all transactions which do not alter assets or
liability outside India of resident or assets or liabilities in India of non resident treated as
current account transactions.
4. Expenses in connection with foreign travel, education and medical care of parents.
UNIT 6
LEADERSHIP
Leadership Meaning
Leadership is a process by which an executive can direct, guide and influence the behavior and work
of others towards accomplishment of specific goals in a given situation. Leadership is the ability of a
manager to induce the subordinates to work with confidence and zeal.
Leadership is the potential to influence behaviour of others. It is also defined as the capacity to
influence a group towards the realization of a goal. Leaders are required to develop future visions,
and to motivate the organizational members to want to achieve the visions.
According to Keith Davis, “Leadership is the ability to persuade others to seek defined objectives
enthusiastically. It is the human factor which binds a group together and motivates it towards goals.”
Characteristics of Leadership
for the group without consulting them and does not give detailed information about future plans,
but simply tells the group what steps they must take. In other words, an autocratic leader is one
who centralizes the authority in himself and does not delegate authority to his subordinates. He is
dictatorial by nature, and has no regard for the subordinates. He drives himself and his
subordinates with one thought uppermost in his mind - action must produce results. An autocratic
close the entire planning and cells upon his subordinates to execute what he has planned. An
A democratic leader is one who consults and invites his subordinates to participate in the
decision making process. He gives orders only after consulting the group, sees to it that polices
are worked out in group decisions and with the acceptance of group. The manager largely avoids
the use of power to get a job done. He behaves that a desired organisational behaviour can be
obtained if employees ' needs and wants are satisfied. Therefore, he not only issues orders but
interprets them and sees to it that the employees have the necessary skill and tool to carry out
their assignments. He assigns a fair work lead to his personal and recognizes the job that is well
done; there is a team approach to the attainment of organisational goals. He recognizes human
value for greater concern for his subordinates. A participative leader operates on the following
assumptions:
(a) Subordinates are capable of doing work and assuming the responsibility if they are given
opportunities and incentives.
(b) Subordinates are supervised, guided and aided rather then threatened and commanded to
work.
(c) Mistakes are not viewed seriously. The assumption is that disciplinary action breeds discontent
and frustration among employees and creates an unhealthy work environment
3. Laissez Faire or Free - rein Leadership
A free - rein leader does not lead, but leaves the group entirely to itself. The leader avoids using
power and interest the decision on making authority to his subordinates. He does not direct his
subordinates and there is complete freedom for me subordinates. Group of members work
themselves and provide their own motivation.
4. Paternalistic Leadership
Under this type of leadership, the leader assumes that his function is fatherly. His attitude is
that of treating the relationship between the leader and his groups that of family with the leader
as the head of the family. The leader works to help to work to help, guide, protect and keep his
followers happily working together as members of a family. He provides them with good
working condition, fringe benefits and employee services. It is said that employees under such
leadership well work harder out of gratitude.
Leadership style
Leadership style is the manner and approach of providing direction, implementing plans, and
motivating people. As seen by the employees, it includes the total pattern of explicit and implicit
actions performed by their leader (Newstrom, Davis, 1993).
The first major study of leadership styles was performed in 1939 by Kurt Lewin who led a group of
researchers to identify different styles of leadership (Lewin, Lippit, White, 1939). This early study has
remained quite influential as it established the three major leadership styles: (U.S. Army, 1973):
authoritarian or autocratic - the leader tells his or her employees what to do and how to do it,
process, but the leader normally maintains the final decision making authority
delegative or laissez-fair (free-rein) - the leader allows the employees to make the decisions,
however, the leader is still responsible for the decisions that are made
CONFLICT IN ORGANIZATIONS
Organizational Conflict or otherwise known as workplace conflict, is described as the state
of disagreement or misunderstanding, resulting from the actual or perceived dissent of needs,
beliefs, resources and relationship between the members of the organization. At the workplace,
whenever, two or more persons interact, conflict occurs when opinions with respect to any task
or decision are in contradiction.
1. Handle the conflict positively.
2. Formation of official grievance procedure for all members.
3. Concentrate on the causes rather than their effect, to assess conflicts.
4. Parties to conflicts should be given an equal voice, irrespective of their position, term or
political influence.
5. Active participation of all the parties to conflict can also help to counter it.
MEANING OF CONFLICT
Conflict may be defined as a struggle or contest between people with opposing needs, ideas,
beliefs, values or goals. Conflict on teams is inevitable; however, the results of conflict are not
predetermined. Conflict might escalate and lead to non-productive results or conflict can be
beneficially resolved and lead to quality final products.
Therefore, learning to manage conflict is integral to a high - performance team. Although very
few people go looking for conflict, more often than not , conflict results because of
miscommunication between people with regards to their needs, ideas, beliefs, goals or values.
Conflict management is the principle that all conflicts cannot necessarily be resolved but learning
how to manage conflicts can decrease the odds of non-productive escalation. Conflict
management involves acquiring skills related to conflict resolution, self - awareness about conflict
modes, conflict communication skills and establishing a structure for management of conflict in
your environment.
CHARACTERISTICS OF CONFLICT
1. Interpersonal conflict requires at least two people. (Conflict within one ' s self, or intrapersonal
conflict, generally is studied by psychologists. Communication students and scholars are
interested in communication between people.)
Conflict inherently involves some sense of struggle or incompatibility or perceived difference
among values, goals or desires.
3. Action, whether overt or covert, is key to interpersonal conflict. Until action or expression
occurs, conflict is latent, lurking below the surface.
4. Power or attempts to influence inevitably occur within conflicts. If the parties really don ' t care
about the outcome, the discussion probably doesn’t rise to the level where we call it a conflict.
When people argue without caring about what happens next or without a sense of involvement
and struggle, it probably is just a disagreement.
EMPLOYEE STRESS
Employee Stress is negatively correlated to their work performance. In short, more the level
of stress, lower is the performance. It was conventionally perceived that reasonable levels of
stress would boost the employees and improve their work performance. But this perception no
longer holds true. Today it is believed that even a little bit of stress will inhibit employees ' work
performance
CAUSES OF EMPLOYEE STRESS
1. Excessively high workloads, with unrealistic deadlines making people feel rushed, under
pressure and overwhelmed.
2. Insufficient workloads, making people feel that their skills are being underused.
3. A lack of control over work activities.
4. A lack of interpersonal support or poor working relationships leading to a sense of isolation,
5. People being asked to do a job for which they have insufficient experience or training.
6. Difficulty settling into a new promotion, both in terms of meeting the new role ' s requirements
and adapting to possible changes in relationships with colleagues.
7. Concerns about job security, lack of career opportunities, or level of pay.
8. Bullying or harassment
9. A blame culture within the business where people are afraid to get things wrong or to admit to
making mistakes.
10. weak or the effective management which leaves employees feeling they don ' t have a sense of
direction. Or over - management, which can leave employees feeling undervalued and affect
their self - esteem.
11. Multiple reporting lines for employees, with each manager asking for their work to be
prioritised.
12. Failure to keep employees informed about significant changes to the business, causing them
uncertainty about their future.
STRESS MANAGEMENT
The people lack in capabilities and resources to tackle stressful situations. The stress in
people is due to the feeling of threaten by the situations. Stress management plays a vital role in
the success of an individual. The person must learn various skills to manage stress. These help
them to remain calm and effective in high pressure situations. The stress management helps us to
avoid the problems of long term and short-term stress. Stress leads to severe health problems.
The individual should develop stress management techniques to reduce stress and achieve their
personal and professional goals. Stress is any physical, chemical or emotional factor that causes
bodily or mental unrest. Elimination of stress is unrealistic; but people can adopt various
strategies to manage stress.
Meaning of Stress Management
Stress is a dynamic condition in which an individual is confronted with an opportunity,
constraint or demand related to what he or she desires and for which the outcome is perceived
to be both uncertain and important.
Definitions of Stress Management
Hans Selye was one of the founding fathers of stress research. According to him stress is
not necessarily something bad; it all depends on how you take it. The stress of exhilarating.
creative successful work is beneficial, while that of failure, humiliation or infection is
detrimental. He believed that the biochemical effects of stress would be experienced
irrespective of whether the situation was positive or negative
According to Richard S Lazarus, stress is a condition or feeling experienced when a person
perceives that demands exceed the personal and social resources the individual is able to
mobilize.