CONSUMER PROTECTION ACT

We live in a world which is now the age of consumers. ‘Consumer is King’ is the current trend. However in India, consumer rights awareness has not been very high. 

India passed the Consumer Protection Act in the year 1986. This clearly means that before this Act came, Indian consumers had no protection from law. Though there were laws like Sales of Goods Act in 1930, there was no specific law to protect consumers. Also India, being a poor and largely illiterate country, protecting the interests of Consumers is a big challenge.

CONSUMER PROTECTION ACT

In India, the consumer movement started in the 1960s. But it was only in January

1986 that the Consumer Protection Act was passed. This Act has given Indian consumers some rights over the goods they purchase and the services they buy.

In advanced democracies like USA, UK this law was prevalent for years. In those societies, during the first half of the 20th century, the development of consumer welfare societies was established. The consumers were helpless and had no right against the manufacturers and unscrupulous traders who could often and easily cheat consumers and thus, the need for consumer welfare societies led to the Union of Consumers.

USA first started Consumer Right Movement in 1927. This led to the establishment of the Union of Consumer of United States of America in 1936.Years later the President of USA Mr. John Kennedy outlined four rights of the consumers:

[1] Right to safety

[2] Right to be informed

[3] Right to choose

[4] Right to be heard.

This bill later became the base for many countries to follow.

 

The United Nations passed a resolution indicating certain guidelines under which the government should make laws for consumer protection. Since in developing countries literacy levels and awareness levels are rather poor, such laws are all the more necessary.

The Consumer Protection Act seeks to promote and protect the rights of consumers such as:

[a] right to be protected against marketing of goods which are hazardous to life and property

[b] the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices.

[c] right to be assured, wherever possible, access to an authority of goods at competitive prices

[d] right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums

[e] right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers

[f] right to consumer education.

The mechanism for this purpose would be the Consumer Protection Councils to be established at the Central and State level.

Not only this, for speedy and simple redressal to consumer disputes, a quasi-judicial body is to be set up at districts, state and central levels. These bodies should function according to the principles of natural justice. This act was passed for the benefit of unprotected consumers. The idea is to create inexpensive system for trial and disposal of consumer disputes.

The law made in 1986 had to be amended in the light of changes that have taken place. Accordingly the Consumer Protection [Amendment] Act, 2002 was passed which became effective from 17th December 2002. The important feature of this amendment was that it provided for establishment and composition of Consumer Protection Council at district level.

Violations of Consumer Protection Act

The law has defined various concepts associated with this law. Concepts like ‘complainant‘, ‘consumer, ‘complaint’, ‘medical negligence‘, etc. are explained in the act. 

For instance ‘complaint’ means any allegation in writing made by a complainant against a trade practice or a restrictive trade practice which has been adopted by any trader, the goods bought by him or agreed to be bought by him, which suffers from one or more defects, the services hired or availed of or agreed to be hired or availed of by him which suffers from deficiency in any respect, where a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time in force or displayed on the goods or any package containing such goods; if goods which will be hazardous to life and safety when used, are being offered for sale to public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the regards to the contents, manner and effect of use of such goods, with a view of seeking any relief before the  forum / commission as provided under the Consumer Protection Act.

There has been amendment to the Consumer Protection Act in 2002 according to which now the service provider is also required to display the list of cost of services rendered like the traders of goods. It is however necessary that the complaint must be supported by documentary or other proper evidence.

In the similar manner in this act all other concepts are exhaustively defined in legal terms.

 

Check your progress

Q.1. Write a note on Consumer Protection Act

Q.2. Discuss the consequences of violation of Consumer Protection Act.