Consumer Protection Laws in India

Consumer Protection Laws in India

Consumer Protection Act is one of the main laws that provide protection to consumers in India. The Act was introduced in the year 1986 and then amended in the year 2002 through the Consumer Protection Amendment Act, 2002. In this article, we look at the protection afforded to the consumers through the Act.

Objective of Consumer Protection Act

The main objective of the Consumer Protection Act is to provide better protection of consumers and establish a strong mechanism for settlement of consumer disputes. The Act seeks to protect and further the rights of consumers such as:

• Right to be protected against marketing of goods which are hazardous to life and property;
• Right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices;
• Right to be assured, wherever possible, access to an authority of goods at competitive prices;
• Right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums;
• Right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers;
• Right to consumer education.

Consumer Definition

The Consumer Protection Act defines a consumer as a person who buys goods or services for consideration for his/her use (NOT for resale). Any user who uses the goods and services with the permission of the person who purchased the good or service is also defined as a consumer. The Act covers all goods and services including banking, ecommerce, telecom, insurance, electricity, transportation in the private and public sector.

How and When to Complain

A compliant can be raised in writing by a consumer under the Consumer Protection Act, if:

• An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;
• The goods bought by him or agreed to be bought by him suffer from one or more defects;
• The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;
• Trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price:
• Fixed by or under any law for the time being in force;
• Displayed on the goods or any package containing such goods;
• Displayed on the price list exhibited by him by or under any law for the time being in force;
• Agreed between the parties;
• Goods which will be hazardous to life and safety when used, are being-offered for sale to the public.
• Services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety.

Procedure to File Consumer Case

Any consumer complaint relating to a good or service must be filed in writing with a District Forum by the consumer. The complaint must be accompanied with the fee prescribed. On receipt of a complaint, the District Forum may allow the complaint to be proceeded or rejected, usually within 21 days from the date on which the complaint was received. If the complaint is allowed, a copy of the complaint is sent to the opposite party and allowed a period of upto forty five days for responding with respondent version of the case.

Effort is taken to hear all consumer cases as expeditiously as possible. Further, it is endeavoured to decide the complaint within a period of three months from the date of receipt of notice by opposite party. Hence, if during the proceedings, the complainant fails to appear on the date of hearing before the District Forum, the District Forum may either dismiss the complaint for default or decide it on merits.

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