The consumer need to be protected from the unfair trade practices like adulteration, Black Marketing, False weighting etc. Under Consumer Protection act, a consumer is a person who consumes a product or service, paying a price for the same. There are three important aspects which should be kept in mind while talking about consumer protection. They are:
a) Physical Protection: protection against unsafe and harmful products that are injurious to health.
b) protection of economic interest: It protect the consumers against deceptive and unfair trade practices.
c) protection of public interest: To take sufficient measures to protect the consumers with regard to monopoly position or restrictive practices.
Importance of Consumer Protection
Consumer protection ensures protection of consumer rights. The following are points conveys its significance.
1. Business to satisfy Consumer needs as well: It is a fact that a business man cannot run his business without protecting the interest of consumers.
2. Ensure social justice: It is the duty of our government to protect the consumers from different types of exploitations.
3. Stakeholders approach: the business must live up to the exploitation of consumers, owners, the public employees- and the government.
4. Business influences the society: Business determines living styles, fashion, food and dress habits of people. If the business enjoys so much powers in society, it has the responsibility to protect the interest of the consumers.
5. Business promotion through Consumer Interest: The essence of all business activity should be consumer protection and satisfaction. This creates a responsibility to ensure quality goods at the lowest cost and to produce things which people really needs.
6. Consumer creation and maintenance: Creation of consumer is one of the most important function of every business. Once the customers are created, business should take every steps to retain them.
7. Consumer rights: Right to receive the commodity or service as per the prescribed standard at the right price, right quantity at the right place. The following are the important Consumer rights:
a) The right to safety: The right to safety implies protection against the marketing of goods which are hazardous to health or life and property.
b) The right to be informed: The consumer has the right to be informed about the quality, quantity, purity, standard and price of goods so as to protect the consumers against unfair trade practices.
c) The right to choose: The right to choose is the right to be assured access to a variety of goods at company prices.
d) The right to be heard: the right to be heard involves an assurance that the consumer interest would be considered in the formulation of government policy.
e) Right to seek redressal : This is the right to seek redressal against unfair trade practices or unscrupulous exploitation of the consumer.
f) The right to consumer education: It implies the right to get the knowledge and skills to be an informed consumer.
g) Right to healthy environment: It deals with protection against environment pollution, loss of natural resources, deforestation etc.
Consumer Responsibilities
Consumer problems in India are highly complex in nature.The exploitation of consumers will be stopped only if they start exercising their rights to safeguard their interest.
1. Consumer must exercise his rights: It is the responsibility of every consumer to exercise his rights and ensure that he is not subject to exploitation.
2. Consumers to adopt a cautious approach: It is the responsibility of every customer to verify the details before purchasing, which will ensure a smooth purchase.
3. Responsibility to seek redressal: Consumer must file complaints even if it is of small value because it will create large impact in the society.
4. Consumer must not over react to advertisement: Advertising are often misleading and people are made to believe the false claims.
Means of Consumer protection
Following are the important means for consumer protection in India:
1) Lok Adalat : It consists of persons with judicial experience and a few others with prescribes qualifications. The affected parties can directly approach these adalats for their grievances.
2) Public interest Litigation (PIL): Public Interest Litigation is a means to provide legal representation to previously unrepresented groups and interests.
3) Redressel Forums and Consumer Protection Council: Under the Consumer Protection Act 1986, several redressel forums have been created to deal with consumer grievances. These bodies are set up under the Act, exclusively to provide simple, speedy and inexpensive redressel to the consumer disputes and grievances.
4) Consumer Welfare Fund (CWF): This fund has been created by transferring the amount of excise duty.
5) Consumer Protection Act, 1986: The act acclaimed to be the 'Magna Carta' of Indian consumers, has been amended in 1993 and 2002, The Act protects the following rights of consumers: 1. Right to safety, 2. Right to information, 3. Right to choose, 4. Right to be heard, 5. Right to education, 6. Right to seek redressel.
Features of the Act
It applies to all goods and services other than specifically exempted by the Central government.
All suppliers of goods & services, both private, public & the co-operative sector are covered by the Act.
It safeguards the consumers against different types of exploitations.
Consumer Legislation Act
the important among them other than Consumer protection act are:
Banking Regulation act, 1949
Companies Act, 1956
Customs Act, 1962
Essential commodities Act, 1955
Drugs & Cosmetics Act, 1940
MRTP (Monopolies & Restrictive Trade Practices Act), 1969
Prevention of Food adulteration Act (PEA), 1954
The Standards of weights & Measures Act, 1976.
reference: Kerala HSE, BS
