Consumer Protection in India: A brief Guide on the Subject along with the Specimen form of a Complaint
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The Consumer Protection Act 1986 was enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of Consumers Councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.
The Act among others, seeks to promote and protect the rights of consumers such as:- (1) right to be protected against marketing of goods which are hazardous to life and property; (2) right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; (3) right to be assured, wherever possible, access to variety of goods at competitive prices; (4) right to be heard and to assured that customers' interests will receive due consideration at appropriate forums. (5) Right to seek redressal against unfair practices or unscrupulous exploitation of consumers; and (6) Right to consumer education
The objects are sought to be promoted and protected by the Consumer Protection Councils to be established at the Central and State levels.
This book is written as an easy reference material for law students, budding lawyers and the public in general, who are desirous of pursuing consumer dispute litigations in person, without the help of a legal professional. This book therefore harps upon the basic concepts under the Consumer Protection Act, 1986 i.e. to say that ambit and scope of the said act, the authorities established under the act and the style and manner of filing and pursuing complaints before various authorities under the said act.
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Consumer Protection in India - Swetang Rataboli
Preface
The Consumer Protection Act 1986 was enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of Consumers Councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.
The Act among others, seeks to promote and protect the rights of consumers such as:- (1) right to be protected against marketing of goods which are hazardous to life and property; (2) right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; (3) right to be assured, wherever possible, access to variety of goods at competitive prices; (4) right to be heard and to assured that customers’ interests will receive due consideration at appropriate forums. (5) Right to seek redressal against unfair practices or unscrupulous exploitation of consumers; and (6) Right to consumer education
The objects are sought to be promoted and protected by the Consumer Protection Councils to be established at the Central and State levels.
The Act applies to all goods and services, except if otherwise provided by the Central Government by Notification. To provide speedy and simple redressal of consumer disputes, a quasi judicial machinery is set up at the District, State and Central levels. The three tier system of quasi judicial bodies will observe the principle of natural justice and are empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non-compliance of the orders given by the quasi judicial bodies have also been provided.
Thus the Consumer Protection Act is to serve the interests of the consumers. Consumer education and redressal of consumers’ grievances are the two aspects of the Act. It makes good the loss a consumer suffers and increases the feeling of responsibility of the manufacturer, trader, supplier or businessman.
The provisions of the Act have to be construed in favor of the consumer to achieve the purpose of enactment as it is social benefit oriented legislation. The primary duty of the Court while construing the provisions of such an Act is to adopt a constructive approach subject to that it should not do violence to the language of the provisions and not contrary to attempted objective of the enactment.
While other legislations may be either punitive or preventive, the Consumer Protection Act compensates the consumer. The provisions of the Act are in addition to and not in derogation