Adv. Kezhokhoto Savi
President NVCO
The Consumer Protection Act, 1986 is the comprehensive law which provides for the better protection of the interest of the consumers. Under the Act, consumer councils and redressal agencies are established for the promotion and protection of the rights of the consumers and also for settlement of consumer disputes. The consumer has following rights under the Act; right to safety, right to be informed, right to choice, right to be heard, right to seek redressal and right to consumer education. i) Right to safety: the consumers have the right to be protected against the marketing of goods and services which are hazardous to life and property, this right is important for safe and secure life. This right includes concern for consumer’s long term interest as well as for their present requirement. Sometimes the manufacturing defects in pressure cookers, gas cylinders may cause loss to life, health and property of customers. This right also protect the consumer from sale of such hazardous goods or services. Ii) Right to be informed: the consumer has the right to get information about the quality, quantity, purity, standard and price of goods and services so as to protect himself against the abusive and unfair practices. The producer must supply all the relevant information at a suitable place. iii) Right to choice: Every consumer has the right to choose the goods or services of his or her likings. The right to choose means an assurance of availability, ability and access to and variety of products and services at competitive price and competitive price means just or fair price. The producer or supplier or retailer should not force the customer to buy a particular brand only. Customer should be free to choose the most suitable product from his point of view. iv) Right to be heard: the consumer has the right to represent him or to be heard or right to advocate his interest. In case a consumer has been exploited or has any complaint against the product or service then he has the right to be heard and be assured that his/her interest would receive due consideration. This right includes the right to representation in the government and in other policy making bodies. Under this right the companies must have complaint cells to attend the complaints of customers. v) Right to seek redressal: the consumer has the right to get compensation or seek redressal against unfair trade practices or any other exploitation. This right assures justice to consumer against exploitation. The right to redressal includes compensation in the form of money or replacement of goods or repair of defect in the goods as per the satisfaction of consumer. Various redressal forums are set up by the government at national level and state level. vi) Right to consumer education: the consumers has the right to acquire the knowledge and skills to be informed to customers. It is easier for literate consumers to know their rights and take actions but this right assures that illiterate consumer can seek information about the existing acts and agencies are set up for their protection. The Government of India has included consumer education in the school curriculum and in various university courses. Government is also making use of media to make the consumers aware of their rights and make their wise use of their money. Every year the 15th March is observed as ‘World Consumer Rights Day’ aims to enhance solidarity within the international consumer and it is an opportunity for promoting the basic rights of all consumers, demanding that those rights are respected and protected and protesting about the market abuses and social injustices which undermine them.
The Consumer Protection Act 1986 was one of the most important steps taken to protect the interest of consumers and the Act recognizes consumers’ right to seek redresses through the consumer disputes redressal agencies namely; District Consumer Disputes Redressal Forum, State Consumer Disputes Redressal Commission and National Consumer Disputes Redressal Commission. If any person felt cheated by traders or manufacturer and wish to make a complaint before the redressal agency then one can file a complaint made in the following circumstances:- i) suffered of loss or damages of any unfair, trade practices adopted by the traders ii) if the goods purchased suffer from any defect iii) if the services hired/availed of suffer from deficiencies in any respect iv) if one has been charged a price in excess of the price displayed or fixed by or under any law in force v) if the goods is hazardous to life and safety are being offered for sale to public in contravention of any law in force. And the Redressal Agencies can order the following reliefs:- i) removal of defects from the goods ii) replacement of the goods iii) refund of the price iv) award of compensation for the loss or injury suffered v) removal of defects or deficiencies in the service vi) discontinuance of unfair trade practices or restrictive trade practices. If the orders of the Redressal Agencies are violated or not complied by a person against whom a complaint is made, such violators can be subjected to punishment of imprisonment for a period of between 1 month to 3 years or with fine between Rs.2000/- to Rs.10,000/- or with both imprisonment and fine. Thus the Consumer Protection Act, 1986 provides effective provisions to check the unfair and unethical trade practices in the market and also protect the consumer from exploitation to a larger extent.
Today the influence if advertisements or consumer choice is undeniable. Since the advertisements are basically meant to promote a product or a service, one does see some exaggeration in the way they extol the virtues of the products. For instance; cosmetics have time and again been in the news for all the wrong reasons. Not only is it harmful for our skin but long term we could also led to cancer and other chronic ailments. Hair colours have led to loss of hair and baldness in some cases. Therefore, we must stick to brands that can be trusted. Another example is medicine. Spurious medicines are the deadliest as it could be mean loss of a life. The safest is to buy brands that are familiar and manufactured or marketed by well known brands. It is our duty to be alert and vigilant about the food products and services. Our market is full of spurious products and therefore a consumer should be cautious when he shop and what he shops for. While purchasing goods or availing services, we should always insist on cash memo/receipt, check the expiry date especially medicines, the MRP, ISI Mark or AGMARK, etc and also check the manufacture date especially packed food. False representation of rebuilt, second hand, renovated, reconditioned or old goods as new goods is an unfair trade practice. Such trade practices which tend to bring about manipulation of price or its conditions of delivery or to affect the flow of supplies in the market will come under the purview of restrictive trade practices. Services like banking, finance, insurance, transport, processing, supply of electricity, boarding and lodging, house construction, entertainment, etc will come under the purview of the Act. Any person who buys goods for a consideration which has been paid or promised, or partly paid or partly promised or the use of such goods will come under the expression of ‘consumer’ under the Consumer Protection Act.
