About the book
The consumer protection policy creates anenvironment whereby the clients and customers receive satisfaction from the delivery of goods and services needed by them. One of the disquieting features of the Indian democracy, even after 67 years of Independence, is that an average Indian consumer continues to be in a pitiable condition due to poverty, illiteracy, ignorance and general apathy. Adulterated food, spurious medicines, and sub-standard domestic appliances are pushed over the counter with ease. Glossy and unethical advertisements appear in the print and electronic media. Ironically, it all happens in a country where, in ancient India, Kautilya in his epoch making Arthasashtra had advocated for fixing of responsibility on the State for safeguarding the interests of the consumers
When it became imperative to protect the consumers from adulterated, sub-standard goods and deficient services and also to provide relief by way of compensation, the Consumer Protection Act was enacted in the year 1986. This Act was enacted with the objective to provide better protection to the consumers against the fraudulent practices of suppliers. The Act provides for effective safeguards for consumers against various types of exploitations and unfair dealings, relying on mainly compensatory rather than punitive or preventive approach.
The present work explains and examines the rights of the consumers and the protective measures adopted in India and other countries. It specifically deals with the statutory measures for redressal of consumer grievances provided under the Indian Consumer Protection Act, 1986.
About author
Dr. Mohammed Kamalun Nabi is currently an Assistant Professor in the Department of Commerce and Business Studies, Jamia Millia Islamia Central University, New Delhi. He has to his credit 4 books and 50 research papers published in leading journals and periodicals. He specializes in consumer behaviour, advertising and services marketing.
Dr. Mohammed Irshadun Nabi is presently posted as a Senior Civil Judge in Cuttack, Odisha. He is a gold medal awardee from Berhampur University, Berhampur, Odisha for having topped the LL.M. examination. He also holds Masters Degree in Industrial Relations and Personnel Management from Berhampur University and Ph.D. in Law from Fakir Mohan University, Balasore, Odisha. His areas of interest include civil, criminal and consumer laws.
Professor Kishore C. Raut is the senior most faculty and presently head of the Post- graduate Department of Commerce, Berhampur University, Odisha. He has published 80 research articles in various journals of national and international repute. His areas of research interest include consumer behaviour, advertising, services marketing and bank management.
Contents
About Book.
About the Authors.
Preface…
1. Consumer Rights and Protec
An Introduction
1.1 Introduction
1.2 Definition of the Term Consumer
1.2.1 Recent Definitional Developments
1.3 Need for Consumer Protection
1.4 Causes of Consumer Exploitat
1.4.1 Poverty and Ignorance
1.4.2 Lack of Information
1.4.3 Lack of Grievance Redressal
1.4.4 Sales Promotion Methods
1.4.5 Unfair Trade Practices
1.4.6 Adulteration
1.4.7 Monopoly
1.4.8 Legal Doctrines and Principles
1.4.9 Privity of Contract
1.4.10 Caveat Emptor
1.4.11 Inaccessibility to Law
1.5 Law as an Instrument of Protectio
2. Review of Literature on Consumer Protection
3 .Consumerism and Consumer Protection
3.1 Introduction
3.2 What is Consumerism?
3.3 Consumerism, Consumer and Business
3.3.1 Product Policy
3.3.2 Pricing Policy
3.3.3 Advertising Policy
3.3.4 Distribution Policy
3.4 Consumer Movement
3.4.1 Objectives of Consumer Movement
4.Consumer Movements in Select Countries
4.1 United States of America
4.1.1 First Period of Consumerism (1890-1915)
4.1.2 Second Period of Consumerism (1933-1940)
4.1.3 Third Period of Consumerism (1962-1977)
4.1.4 Decline and Rebirth of Consumerism in the 1980s
4.1.5 Waves of Western Consumerism
4.2 United Kingdom
4.3 France
4.4 Canada
4.5 European Union
4.6 Russia
4.7 Denmark
4.8 Norway
4.9 Japan
4.9.1 Consumer Protection Administration in japan
4.10 South Korea
4.11 china
4.12 Malaysia
4.13 Pakistan
4.14 Latin American Countries
4.15 South Africa
5. Consumer Protection in India
5.1 Consumer Protection in Ancient India
5.1.1 Manu Smriti
5.1.2 Kautilya’s Arthasastra
5.2 Consumer Protection in Medieval and Modern
5.2.1 Pre-Independence Era
5.2.2 Post-Independence Era
5.3 Legislative Protection
5.4 Impact of Movements in Other Countries
5.5 Indian Consumer Protection Act, 1986: New Legal Culture
5.6 Some Important Consumer Organisations
5.7 Achievements of the Consumer Movement
5.8 Consumer Movement and Protection in Odisha
5.8.1 Leading Voluntary Consumer Organisations in Odisha
6. Pre-Independence Consumer Protection Legislations
6.1 Introduction
6.2 Indian Penal Code, 1860
6.3 Indian Contract Act, 1872
6.3.1 Standard Form of Contract
6.3.2 Exemption Clause
6.3.3 Effect of Statements Made to a Consumer
6.3.4 Commendatory Puffs
6.3.5 Misrepresentation
6.3.6 Manufacturer’s Contractual Liability for Negligence
6.4 Usurious Loans Act, 1918
6.5 Sale of Goods Act, 1930
6.6 Law of Tort
6.6.1 Product Safety
6.6.2 Defective Services
6.6.3 Advertising Law
6.6.4 Product Quality
6.7 Agricultural Produce (Grading and Marking) Act, 1937 (AGMARK)
6.7.1 AGMARK Specification
6.7.2 Purpose of Grading and Quality Control
6.7.3 Need for Revision in Grade Specifications
6.8 Drugs and Cosmetics Act, 1940 6.8.1 Important Provisions
7. Post-Independence Consumer Protection Legislations
7.1 Prevention of Food Adulteration Act, 1954
7.1.1 Salient Features of the Act
7.1.2 Important Provisions
7.2 Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
7.2.1 Important Provisions
7.3 Essential Commodities Act, 1955
7.3.1 Important Provisions
7.4 Drugs (Control) Act, 1950
7.5 Indian Medical Council Act, 1956
7.5.1 Important Provisions
7.6 Standard of Weights and Measures Act, 1976
7.7 Bureau of Indian Standards Act, 1986
7.7.1 Important Provisions
7.8 Railways Act, 1989
7.8.1 Important Provisions
7.9 Air (Prevention and Control of Pollution)
7.10 Hire Purchase Act, 1972
7.11 Code of Criminal Procedure, 1973
7.12 Environment (Protection) Act, 1986
7.13 Export Quality Control and Inspection) Act, 1963
7.14 Protection of Civil Rights Act, 1955
7.15 Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980
7.16 Trade and Merchandise Marks Act, 1958
7.161 Deceptive Similarity
7.16.2 Penalty
7.17 Specific Relief Act, 1963
7.18 Monopolies and Restrictive Trade Practices Act, 1969
7.18.1 Deemed Restrictive Trade Practices
7.18.2 Unfair Trade Practices
7.19 Consumer Protection Act, 1986
8. Consumer Protection Act (CPA), 1986: Provisions and Enforcement
8.1 Introduction
8.2 Main Objectives of CPA
8.3 Procedure under CPA
8.4 Complaint to Consumer Forum
8.4.1 Who Can File a Complaint?
8.4.2 Who is a Complainant?
8.4.3 What is a Service?
8.4.4 Deficiency in Service
8.5 Restrictive and Unfair Trade Practices in CPA
8.5.1 Restrictive Trad Practice
8.5.2 Unfair Trade Practice
8.6 Consumer Forums under CPA
8.7 Establishment of Consumer Disputes Redressal Agencies
8.7.1 Consumer Disputes Redressal Forum
8.7.2 Consumer Disputes Redressal Commission
8.7.3 National Consumer Disputes Redressal Commission
8.8 Consumer Protection Councils
8.8.1 Central Consumer Protection Council (Sections 4 to 6)
8.8.2 State Consumer Protection Councils (Sections 7 and 8)
8.8.3 District Consumer Protection Counci
Preface
One of the disquieting features of the Indian democracy, even after 67 years of Independence, is that an average Indian consumer continues to be in a pitiable condition due to poverty, illiteracy, ignorance and general apathy. It is clearly discernible in the adulterated food we consume, the spurious and sub-standard products we buy, scarcity of essential commodities, black marketing, profiteering and hoarding. The hazardous drugs are pushed over the counter, and glossy and unethical advertisements appear in the print and the electronic media. Added to this is the humiliation and harassment we are subjected to by the service providers like the railways, airlines, banks, telecommunications, insurance, electricity and healthcare. Ironically, it all happens in a country where about 1,500 years ago Kautilya in his epoch making Arthasashtra had advocated for fixing of responsibility many on the State for safeguarding the interest of the consumers. During the pre- and post-Independence era, legislations Indian Penal Code, 1860; Indian Contract Act, 1872; Civil Procedure Code, 1908; Sale of Goods Act, 1930; Prevention of Food Adulteration Act, 1954; Monopolies and Restrictive Trade Practices Act, 1969; Standard of Weights and Measures Act, 1978; Motor Vehicles Act, 1988-were enacted with the object of protecting the interest of the consumers by prescribing stringent punitive measures. However, most of them, more or less, have failed in achieving anything substantial in providing respite to the hapless consumer.
When it became imperative to protect the consumers from adulterated, sub-standard goods and deficient services and also with a view to redressing consumer’s grievances and providing relief by way of compensation, the Consumer Protection Act was enacted in the year 1986.
This Act was enacted with the objective to provide better protection of the interests of the consumers. The Act provides for effective safeguards to consumers against various types of exploitations and unfair dealings, relying mainly
compensatory rather than punitive or preventive approach. The exempted and covers private, public and co-operative sectors Act applies to all goods and services unless specifically and provides for speedy and inexpensive adjudication. The
Right to be protected against marketing of goods and services, which are hazardous to life and property.
Right to be informed about quality, quantity, potency, purity, standard and price of goods and services,as the case may be, to protect consumers against unfair trade practices.
consumer rights under the Act are the following:
Right to be assured of access to a variety of goods and services at competitive prices.
Right to be heard and assured that consumer interest will
receive due consideration at appropriate fora.
Right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers
Right to consumer education.
Under the Act, a three-tier, simple, quasi-judicial machinery has been established at the national, state and district levels for hearing cases raised by consumers. The Act was amended in the year 1991 and again in 1993. A comprehensive amendment was made in 2002 for making the Act effective, functional and purposeful. The amended Act, inter alia, provides for attachment and subsequent sale of the property of a person not complying.
In India, December 24 is celebrated as National Consumer Rights Day as the Consumer Protection Act, 1986 was enacted on that day.
The Act helps the consumers in two ways. In the first place, it provides cheap, expeditious, quick and swift remedy. It is a measure of swift social justice. It brings justice to the doorsteps of the common man in every district, known as the district consumer forum. Now a consumer can proceed in his own district where he suffers as a consumer.
Consumer Rights and Protection in IndiaAgainst such a backdrop, the present book is intended to examine the statutory measures for redressal of consumer grievances provided under the Consumer Protection Act, 1986 (CPA), and to evaluate the approach of the consumer grievance redressal agencies set up under the CPA, to put an end to unfair and restrictive trade practices.
October 2014
Mohammed Kamalun Nabi
Mohammed Irshadun Nabi
Kishore C. Raut