Consumer Protection in India
Consumer Rights under Indian Law:-
By Adv. Sandigdha Mishra
advsandigdha@paydirtprofessionals.com
Consumer laws in India. Consumer rights are the rights given to a "consumer" to protect him/her from being cheated by salesman,manufacturer. Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace.
Who is a Consumer
The definition of consumer under the Consumer Protection Act would include:
- A person who has bought goods for consideration,
- Any person other than the buyer who uses the goods with the approval of the buyer,
- A person who hires any services for consideration1,
- Any other person who uses the services with the approval of the hirer of services’
- Beneficiary of services.
The consumer movement arose out of dissatisfaction of the consumers as many unfair practices were being indulged in by the sellers. There was no legal system available to consumers to protect them from exploitation in the marketplace. For a long time, when a consumer was not happy with a particular brand product or shop, he or she generally avoided buying that brand product, or would stop purchasing from that shop. It was presumed that it was the responsibility of consumers to be careful while buying a commodity or service. It took many years for organisations in India, and around the world, to create awareness amongst people. Because of all these efforts, the movement succeeded in bringing pressure on business firms as well as government to correct business conduct which may be unfair and against the interests of consumers at large.
A major step taken in 1986 by the Indian government was the enactment of the Consumer Protection Act 1986.
The Objectives of Consumer Protection Act, 1986 in India
The purpose of the Act is to provide for the establishment of the Commission:
· To prevent practices having adverse effect on competition;
· To promote and sustain competition in markets;
· To protect the interests of consumers and
· To ensure freedom of trade carried on by other participants in the markets, in India
The major focus of the Act is on the following areas:
· Prohibition of anti competitive agreements;
· Prohibition against abuse of dominant position;
· Regulation of combinations;
· Advocacy of competition policy.
In the present world Consumer is a king so consumer should be protected. In India, there are so many laws to protecting consumer rights. Through the consumer protection act, the consumers are aware of their rights and responsibilities to protect them from unfair practices and solutions to their grievances.
Some consumer protection acts as follows;
Cosmetic Act, Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Truth in Lending Act, Fair Credit Billing Act, the Gramm–Leach–Bliley Act, etc.
It is very important they know about these rights. A consumer is the one who assumes to be treated like a King as they bring business to the vendor.
If Consumers Need To Be Protected?
If any consumer can face a bad impact or grievance or unfair practice from sellers the consumer can directly approach the court. They can have tools at their disposal such as consumer complaints, courts, forums, etc.
The consumer’s rights are :-
they know about the product quality, validity, purity, potency,
the standard of price, etc.
Nowadays let the seller be beware, because of so many consumer protection laws and policies introduced by the government to protect consumer rights. The judiciary takes initiative and provides them with justice. There are varieties of products available in the markets which are so colorful and attractive to the children. Such kinds of products are injurious to the health of the consumers.
Consumer protection law or consumer law is taken into account as an area of law that regulates private law relationships between individual consumers and also the businesses that sell those goods and services.
Any person who obtains the goods for resale or commercial purposes is not a consumer. But a person buying goods for self employment is a consumer.
Who can file a complaint
Following persons can file a complaint under the Act:- a consumer; or
- any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or
- the Central Government or any State Government,
- one or more consumers, where there are numerous consumers having the same interest.
A complaint on behalf of the public which consists of unidentifiable consumers cannot be filed under the Act. An unregistered association cannot file a complaint under the Act.
However a complaint must contain any of the following allegations:
- An unfair trade practice or a restrictive trade practice has been adopted by any trader;
- The goods bought by him or agreed to be bought by him suffer from one or more defects;
- The services hired or availed of suffer from deficiency in any respect;
- 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 being in force or displayed on the goods or any package containing such goods.
- Goods which will be hazardous to life and safety when used are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods.
Limitation Period for filing Complaint
A complaint should be filed at the earliest but not later than two years from the date on which the cause of action arose. However the Court may entertain the complaint after a period of 2 years if the complainant is able to satisfy the court that there was sufficient cause for the delay.Remedies
A consumer can seek for the following remedies under the Act:,- to remove the defect pointed out by the appropriate laboratory from the goods in question;
- to replace the goods with new goods of similar description which shall be free from any defect;
- to return to the complainant the price, or, as the case may be, the charges paid by the complainant;
- to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;
- to remove the defects or deficiencies in the services in question;
- to discontinue the unfair trade practice or the restrictive trade practice or not to repeat it;
- not to offer the hazardous goods for sale;
- to withdraw the hazardous goods from being offered for sale;
- to provide from adequate costs to complainant.
Consumer Protection Forums
The Consumer Protection Act provides three tier machinery for redressal of consumer grievances.- consumer interests, take steps towards furthering consumer education and protecting consumer from exploitation, advice the Government in the matter of policy formulation keeping consumer interest as pivotal concern, etc. Although their suggestions are re commendatory in nature, but they have significant impact in policy making.
Objects of the Consumer Council
The objects of the Central Council shall be to promote and protect the following rights of the consumers:- The right to be protected against the marketing of goods and services which are hazardous to life and property;
- The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices;
- The right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
- The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums;
- The right to seek readdress against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
- The right to consumer education.
- the opposite party resides or
- carries on his business or works for gain or
- where the cause of action arises.
- State Consumer Disputes Redressal Commission
- National Consumer Disputes Redressal Commission
Appeal
An Appeal from the order of the District Forum lies to the State Commission, against the order of the State Commission to the National Commission and against the order of the National Commission to the Supreme Court.All appeals are to be filed within 30 days of the order appealed against and are to be accompanied by a certified copy of the order.
Period of 30 days is counted not from the date of order but from the date when the order is communicated to the appellant.
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