...Introduction: When we approach the market as a consumer, we expect value for moneyi.eright quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated. An Act to provide for the better protection of the interest of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith. International Scenario: The process of development coupled with increasing liberalisation and globalisation across the country has enabled consumers to realise their increasingly important role in society and governance. However, concentration of the market power in the hands of a select few has affected consumers’ behaviour over time. In a developing country like India where the incidence of poverty and unemployment is very high and the level of literacy is very low, the people face a volume of problems, particularly in the context of consumer related issues. Unlike in the developed world, consumers in these countries have not been able to play a greater role in the development process. The purpose of economic planning is to allocate resources, as far as possible, for the maximum satisfaction of consumers’ needs. Any goods or services produced in an economy are ultimately meant for consumers. There is a logical, moral and political force in the proposition that the consumers themselves...
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...Term of “Consumer Protection” can be used to describe rules of law which recognize the bargaining weakness of the individual consumer and which ensure that weakness is not unfairly exploited. The growth of vast national and international companies and the standardization of their methods of production and distribution have led to an increased awareness for consumer protection. A responsible consumer is a consumer who is aware of his rights as a consumer, and act judiciously or wisely and with full responsibility. Some of the key consumer rights are : i. The consumer has the rights to obtain fundamental goods and services to guarantee a satisfactory life in today’s modern world. These fundamental needs include safe and sufficient food supply, clothes, housing, health facility and education. ii. The consumer is protected from the processing and marketing of goods as well as services, which can be harmful. iii. The consumer must be provided with sufficient, accurate and precise information to assist him in making the right decision. The consumer is also protected against false advertising, labeling and other fraudulent and manipulative acts and practices. iv. The consumer reserves the rights to have access to direct information with regards to all goods and services. The consumer must be given due explanation to enable him to make the right choices and decisions. There must be a guarantee to determine quality and satisfactory services, at a reasonable...
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...CONSUMER PROTECTION Even after sixty years of independence, the consumer is the most exploited segment of Indian society. During British rule, the colonial rulers exploited the Indian consumer to serve their own interests. He was cheated and fleeceds that wealth may continue to flow into England, the homeland of the imperialist rulers. However, things did not change even after independence. The consumer continued to be exploited and cheated in various ways by the traders, manufacturers, and industrialists in general. He was cheated both in quantity and quality of the goods he purchased. There was cheating at the time of weighing the gods and fancy prices were charged in the absence of any controls and tags indicating the price of article he purchased. Even when the price was indicated the words,” local taxes extra” provided ample scope for cheating. In the absence of any quality-control measures, adulterated goods were sold to him. Essential consumer items like milk, ghee, condiments, pulses, rice, wheat, etc., were all adulterated and sometimes such adulteration proved to be a serious health hazard. Even medicines he purchased were spurious and of inferior quality, sometimes resulting even in the death of the patient concerned. But no effective steps were taken to check such exploitation. The consumer remained helpless because he did not have any organized body or union of his own. Even when now and then, such organizations have been formed, they have remained helpless before...
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...Consumer Protections Legal, Political & Ethical Dimensions of Business - MGT520 April 12, 2015 Professor James Keenan The modern day convenience of the internet has simplified life. Almost anything can be done via the internet. Shopping, research, book reading, CD downloads, ordering takeout and groceries are just some of the conveniences the internet has afforded us. However, these conveniences are not without risk. These risks, according to The White House Summit on Cybersecurity and Consumer Protection, “threaten national security, private enterprises and individual rights”. (The White House, 2015) The exponential rise and subsequent crimes of the internet have made it necessary to establish measures that protect consumers from risks such as fraud and identity theft. While these measures do offer protections to the consumer, as is the intent, they sometimes come at a cost to businesses. For example, if a customer’s credit/debit card information was stolen and unauthorized purchases were made, the customer has the ability to file a claim with the issuer of the card. The credit issuer or bank takes the loss for said purchase after an investigation determines fraud has occurred. According to the 2013 Nilson report, card issuers bore a 63% share of fraudulent losses and merchants assumed the remaining 37% liability in 2012. (as cited in Kiernan, 2015) What are the legal implications of advances in internet technologies and the impact those protections have on protecting...
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...CIS 502 Critical Infrastructure Protection Click Link Below To Buy: http://hwaid.com/shop/cis-502-critical-infrastructure-protection/ Due Week 6 and worth 50 points Critical Infrastructure Protection (CIP) is an important cybersecurity initiative that requires careful planning and coordination in protecting our infrastructure. The following documents titled, “National Infrastructure Protection Plan”, and “Critical Infrastructure Protection”, may be used to complete the assignment. Write a three to five (3-5) page paper in which you: 1. Examine the Department of Homeland Security’s : a. mission b. operations c. responsibilities 2. Explain what Critical Infrastructure Protection (CIP) initiatives are, what are protected, and the methods used to protect our assets. 3. Describe the vulnerabilities IS professionals need to be concerned with when protecting the U.S.’s critical infrastructure. 4. Evaluate the effectiveness of IS professionals in regard to protecting the U.S.’s critical infrastructure. 5. Suggest three (3) methods to improve the protection of our critical infrastructure and justify each suggestion. 6. Use at least three (3) quality resources outside of the suggested resources in this assignment. Note: Wikipedia and similar Websites do not qualify as quality resources. Your assignment must follow these formatting requirements: • Be typed, double spaced, using Times...
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...6/18/2010 STRENTHENING CONSUMER PROTECTION IN MALAYSIA Mohamed Iqbal b Mohd shafi HIQ TRAINING AND CONSULTANCY 1 1 6/18/2010 OUTLINE OF PRESENTATION 1. Definition of ‘consumer’ 2. What does consumer protection mean 3. Who is responsible for consumer protection in Malaysia 4. How is consumer protection being carried out 5. What can be done to strengthen consumer protection 2 2 6/18/2010 A. Misleading and deceptive conduct,False representation and Unfair practice •Bait advertising •Gifts, prizes, free offers •Claim that goods are limited •Demanding payment without intending to supply •Future services contract B. Safety of goods and services C. Consumer Guarantees D. Claims against manufacturers and suppliers of goods and services E. Tribunal for Consumer Claims PENALTY: Corporate:RM250,000500,000 Individual:RM100,000250,000 Jail term 3-6 years 3 3 6/18/2010 NATIONAL CONSUMER POLICY Launched on 26th of July 2002 Sets out consumer protection strategies: •To raise the standard of living •Laws to protect consumers •Fair and ethical trade •Consumer education •Sustainable consumption •Redressal mechanisms •Consumer forum between government,manufacturers and consumers •International cooperation in consumer matters 4 4 6/18/2010 Definition of ‘consumer’ A consumer is a person who acquires goods or services for personal, domestic or household purpose, use or consumption. He does not acquire them for trade, for use in manufacturing...
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...Consumer Protection Act 1987 The Consumer Protection Act 1987 This protects the public by: * -prohibiting the manufacture and supply of unsafe goods * -making the manufacturer or seller of a defective product responsible for damage it causes * -allowing local councils to seize unsafe goods and suspend the sale of suspected unsafe goods -prohibiting misleading price indications The first section defines what a product is which is defined as “any goods and electricity”. A good is further defined as substances, growing crops and things comprised inland by virtue of being attached to it and any ship, aircraft or vehicle. The second section defines who can be sued over negligence or a defective. It can be either someone who has put their name on a product through a trademark or brand. Another person that can potentially be sued is a person who brings in a good which does not meet regulations of the EU. Section three of the act defines what a defect is. A defect is when the product does not provide the safety which a person is entitled to expect. This is very contestable because expectation is subjective. In Bogle Vs Mcdonalds restaurants, Bogle said his coffee was defective because his coffee was too hot but he was unsuccessful because coffee is expected to be hot and he could not prove the temperature. Richardson Vs LRC products LTD. This is demonstrated in Richardson v LRC Products Ltd [2000] 59 BMLR 185 where a condom was held not to be defective even...
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...Division Two Commentary on consumer protection act Consumer Protection Act Introduction 1.1 The moment a person comes into this would, he starts consuming. He needs clothes, milk, oil, soap, water, and many more things and these needs keep taking one form or the other all along his life. Thus we all are consumers in the literal sense of the term. When we approach the market as a consumer, we expect value for money, i.e., right quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated. The Government understood the need to protect consumers from unscrupulous suppliers, and several laws have been made for this purpose. We have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, etc. which to some extent protect consumer interests. However, these laws require the consumer to initiate action by way of a civil suit involving lengthy legal process which is very expensive and time consuming. The Consumer Protection Act, 1986 was enacted to provide a simpler and quicker access to redressal of consumer grievances. The Act for the first time introduced the concept of ‘consumer’ and conferred express additional rights on him. It is interesting to note that the Act doesn’t seek to protect...
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...| NAFTA and Environmental Protection: Falling Short of the Mark | | | 4/11/2011 | A Look at Some of the Lasting Consequences of Investor Protection Measures | | After the negotiation of the North American Free Trade Agreement in 1992, there has been an increase in the use of Chapter 11 to defend foreign investor rights. The poignant question remains whether these rights do and should take precedence over environmental considerations. This Paper looks at the treatment of investor protection measures and environmental protections contained within NAFTA with a view to their application within international arbitration cases. | NAFTA and Environmental Protection: Falling Short of the Mark A Look at some of the lasting consequences of investor protection Measures Contents Introduction 2 NAFTA Investor Protection Measures 3 Article 1102: National Treatment 3 Article 1103: Most-Favored-Nation Treatment 6 Article 1104 & 1105: Domestic & International Minimum Standards 7 Article 1110: Expropriation and Compensation 8 The Basis for Legal Challenges 11 NAFTA Environmental Protections 13 Article 104: Environmental and Conservative Agreements 14 Article 1114: Environmental Measures 16 Language across all Environmental Provisions 17 Enforcement of Environmental Protections 18 Cases of NAFTA Chapter 11 Arbitration 19 Ethyl Corporation v. Canada 20 S.D. Myers v. Canada 21 Concluding Remarks 22 Bibliography 26 Introduction In Canada, we are proud of our...
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...In an era of free competition where 'Consumer is KING', show the need for consumer protection and whether the KING needs protection Contents 1. INTRODUCTION: 3 1.1. NEED FOR CONSUMER PROTECTION 4 1.2. THE PURPOSE OF CONSUMER PROTECTION 5 1.3. CONSUMERISM 5 1.4. CONSUMER RIGHTS 5 2. CONSUMER GUIDANCE SOCIETY OF INDIA (CGSI) 9 2.1. FUNCTIONS OF CGSI: 9 2.2. ACHIEVEMENTS & FEATURES: 10 3. CONSUMER PROTECTION ACT, 1986: 11 3.1. IMPORTANT FEATURES OF THE ACT: 11 3.2. CONSUMER 12 3.2.1. CONSUMER OF GOODS 12 3.2.2. CONSUMER OF SERVICES 16 3.3. COMPLAINT 18 3.3.1. CONSTITUTES OF A COMPLAINT 18 3.3.2. ELIGIBILITY FOR FILING A COMPLAINT 18 3.3.3. REQUIREMENTS OF A COMPLAINT 20 3.3.4. TIME FRAME WITHIN WHICH A COMPLAINT CAN BE FILED 21 3.3.5. RELIEF AVAILABLE AGAINST COMPLAINT 22 3.3.6. CIRCUMSTANCES WHEN A COMPLAINT CANNOT BE FILED 23 3.3.7. DISMISSAL OF FRIVOLOUS AND VEXATIOUS COMPLAINTS 24 3.4. UNFAIR TRADE PRACTICE AND RESTRICTIVE TRADE PRACTICE 24 3.5. CONSUMER PROTECTION COUNCILS 28 3.6. DISPUTE SETTLEMENT THREE TIER MECHANISM 28 4. CASE STUDIES: 30 4.1. CASE 1: INDIAN MEDICAL ASSOCIATION V/S V.P. SHANTA AND OTHERS 30 4.2. CASE 2: MR. MAHAVIR D. CHOPDA VS SVKM’S NMIMS UNIVERSITY 33 5. GOVERNMENT INITIATIVES FOR PROTECTION OF CONSUMER RIGHTS & STATISTICS 50 6. ROLE OF NON-GOVERNMENTAL ORGANIZATIONS 53 7. COMPARITIVE STUDY OF CPA IN INDIA AND BRAZIL: 55 8. CONCLUSION: 58 9. RECOMMENDATIONS 58 10. BIBLIOGRAPHY 60 1. INTRODUCTION: In the...
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...大運河杭州段古街區的保護與永續發展 ——以小河直街與橋西直街為例 王佐倫 摘要 大運河杭州段的歷史文化街區——小河直街與拱宸橋西歷史街區，都有著自己獨特的歷史與文化。目前，伴隨著杭州市對於運河街區的復興計畫，一批街區已得到“修舊如舊”的修繕專案的維護。然而，隨著硬體的改善，交通的便捷，運河的文化特色卻並未受到有關部門的足夠重視與發展。尤其是兩個最大的問題，即社區定位與永續發展，並未得到足夠的關注。本文在對小河直街社區與橋西直街社區的實地統計調查與深度訪談的基礎上提出，根據社區原有的歷史文化特色，找到社區文化主題元素，並據此或創新地，或復古地，發展出相應的在地節慶活動，可以有效的解決旅遊社區同質化以及居民流失的問題，給相關決策部門予以參考。 一．前言 中國的江南，自古以來就有魚米之鄉，絲綢之府的稱號，經濟發達，文化昌盛。而隨著隋煬帝下令大舉開鑿運河以後，江南的經濟更是得到了極大的發展，與北方之間的貿易規模也逐步擴大，沿岸出現了一批因河興盛的貿易都會，尤其以杭州，揚州，蘇州，無錫等為最。如今的運河起始於杭州，止於北京，溝通著海河，黃河，淮河，長江和錢塘江五大水系，至今仍保持著清代運河的面貌。作為運河最南端的杭州，歷史上也是幾度浮沉，曾經歷過南宋時期世界第一繁華都會的鼎盛，也經歷過多次的衰敗，而其中幾乎每一次的起落，幾乎都與這條運河有密不可分的關係。而作為中國古代經濟的生命線的京杭大運河，卻始終滋潤著沿河的無數小鎮和百姓。本文所分析研究的小河直街與橋西古鎮，可算得上是運河杭州段特別有代表性的兩個相距不遠的古村鎮，都有著綿延近千年的歷史，而其興衰也與運河以及杭州城的起落密不可分。本文主要探究兩大歷史街區的保護與復興過程之中存在的問題，並對可能有的解決方法做一探討，以發展出有效的解決方案，以供有關部門參考。 二．社區所處背景的大環境分析 1. 運河城鎮經濟歷史的簡要介紹 京杭運河周邊城鎮隨著運河開掘而發展興建，隋煬帝大業六年時下達命令徵發江南民眾開鑿江南運河，其本來目的是為方便皇帝南巡遊玩，這一勞役也使得民怨沸騰，透支了國力，最終導致了隋朝的覆滅。而唐朝的興盛卻也是得益於運河的開鑿，江南大量的糧食得以運往中原，並且南北之間的貿易也因之而繁榮。隨著貿易的展開，沿岸經濟得以極大的促進，並且伴隨著大宗船運貿易的展開，在很多地方出現了一些旅店，酒樓，藥鋪，醬坊等配套商業，逐漸形成一些草市，草市發展成為小聚落，並最終形成了沿岸的城鎮，在運河的杭州段主要有小河直街和拱宸橋西直街兩個有代表性的商業街區。它們在歷史上都曾經一度輝煌，現今仍舊保存有大量的歷史古跡，有良好的文化價值。 2. 杭州市最近的經濟文化發展概況，打造生活品質之城的城市發展路線簡介 杭州市是在歷史上就一度為中國東南第一州，經濟發達，文化繁榮。在上世紀80年代中國大陸改革開放的政策實施之後，浙江省通過國營經濟民營化，實施自由市場而迅速崛起，到20世紀末就已經成為大陸各省人均收入最高的省份之一。根據瑞士銀行按照購買力平價的計算，2006年浙江省人均GNP即已經達到18965美元。而杭州更是集中了浙江全省的人才和資本，各方面發展水準遠遠超過中國大陸的一般城市。 從杭州市最近所獲的獎項即可略見一斑。在百度百科-杭州市中有提到【2001年，杭州獲得“聯合國人居中心”頒發的世界人居環境改善方面的最高獎項——“聯合國人居獎”。2002年，杭州獲得“國際花園城市”的美譽。2003年，杭州在“世界銀行”公佈中國的120個城市投資環境中排名第一...
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...DISCUSS THE PROTECTION METHODS TO VITAL RECORDS IN RECORDS CENTER. INTRODUCTION Vital records are the records that an organization requires to function regardless of the kind of format it is in (i.e. paper, photo, database, magnetic tape) that must be protected in the event of an emergency or disaster because of the severe consequences to the office/organization if gets destroyed or lost. Vital records may include pension plans, policies, payroll plans, succession plans, and delegation of authority, birth certificates, death certificates and marriage licenses. Vital records are essential for the continuation or reconstruction of an agency/organization. It is these records that are important in establishing the legal and financial position of the agency and/or those important in preserving the rights of an agency/organization, its employees or clients. There are four methods of vital records protection which includes; 1. Dispersal, 2. Duplication, 3. Onsite storage 4. Offsite storage. 1. Dispersal During the regular course of business in any organization or agency, a routine distribution of vital information to various locations within the organization for use and reference is a standard procedure necessary for the operation of the organizations to enable reach its mandate. In the dispersal method of protecting these vital records copies of records containing vital information may be routinely distributed outside the agency to various state agencies, other governmental entities...
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...ARE THE CONSUMER PROTECTION LEGISLATION EFFICACIOUS ENOUGH TO PROTECT THE CONSUMER RIGHTS IN PAKISTAN OR ELSE A NATIONAL STRATEGY IS NEEDED TO EVOKE MASSIVE AWARENESS, ENSURE IMPLEMENTATION OF EXISTING LAWS, APPORTION LIABILITIES AND PROTECT OUR CONSUMER? CONSUMER PROTECTION LEGISTATION IN PAKISTAN “Governments should develop or maintain a strong consumer protection policy, taking into account the guidelines and relevant international agreements. In so doing, each Government should set its own priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, bearing in mind the costs and its benefits proposed measures.” (Excerpts from the United Nations Guidelines for consumer protection) Introduction 1. Law and Justice System reforms have been high on the agenda of international political as well as development, donor and leading agencies for the past two decades or so.2 As a consequence there has been a great deal of debate revolving round the legal reform process, and several new laws previously unheard of in most of the developing countries have been introduced. In addition to international pressures, reforms have also been high on the agenda of civil society organizations. A survey of the history of consumer protection law reveals that it has gained currency more due to the efforts of the civil society organizations working for consumer rights and the spread of market...
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...9 CONSUMER PROTECTION ACT 1999 | Application: offer or supply of goods to one or more consumers Application: offer or supply of goods to one or more consumers Meaning of consumer: a person who acquires or uses goods or services ordinarily acquired for personal, domestic or household purpose; S3 Meaning of consumer: a person who acquires or uses goods or services ordinarily acquired for personal, domestic or household purpose; S3 S.6(1): cannot exclude the operation of CPA 1999 S.6(1): cannot exclude the operation of CPA 1999 3. Implied Guarantee as To Fitness for Particular Purpose Sec. 33(1) – Implied: goods are reasonably fit for any particular purpose known by consumer, expressly or by implication to the supplier as the purpose it is purchased However, if supplier represents goods fit for a particular purpose, it should also be reasonably fit for that purpose. Does not apply: Consumer doesn’t rely on the supplier’s skill/judgment or if unreasonable to do so Goods used for other than normal purpose (known to supplier), must be reasonably fit for that purpose 3. Implied Guarantee as To Fitness for Particular Purpose Sec. 33(1) – Implied: goods are reasonably fit for any particular purpose known by consumer, expressly or by implication to the supplier as the purpose it is purchased However, if supplier represents goods fit for a particular purpose, it should also be reasonably fit for that purpose. Does not apply: Consumer doesn’t rely on the supplier’s...
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...Before the Consumer Protection Act.1987 (CPA) was passed by UK parliament the attempts of taking action against manufacturers in regards to liability in negligence was challenging especially for the consumer as all rights were reserved to the customer or purchaser of products. This predicament sparked an increase of attentiveness toward product liability and lead to the implementation of the ‘Directive on Product Liability 1985’ and crucial alterations were made to UK consumer law. ‘Strict liability’ was imposed on the part of manufacturers. This gave rise to additional liability for manufacturers created through CPA in the event that a defect in a product causes damage(s); injury or loss. This is shown in Part 1 of the CPA where the system of strict liability is introduced for defective products to which cause harm. The key liability requirements under CPA and the European directive is that (i) claimant has suffered damages, (ii) product in question is defective and (iii) harm must be caused by a defect in the product providing that these requirements are met proof of negligence is not applicable on part of the claimant and the producer or manufacturer of the product is in every respect liable for any form of harm caused. Defences that can be used against claims under CPA include; ‘development risk’, ‘contributory negligence’, ‘Volenti non fit injuria’ and ‘Ex turpi causa’. The impracticalities of CPA are that a defected product must have caused harm as a requirement...
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