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  • Writer's pictureLa Martiniere Law Society

The Consumer Protection Act of 1986

Introduction: -

  • Consumers are people who purchase goods and services for their consumption and not for resale. In other words, a consumer is a person who uses goods and services with the permission of the person who purchased the goods and services.

  • The consumer protection act covers all products and services involving transportation, electricity, banking, insurance, telecom, and e-commerce in the private and public sectors. All of us are consumers, but only some know about their customer rights.

  • People are being educated about Consumer Rights more and more every day. This is done to avoid unfair trading deals. Companies are supposed to serve customers' interests above all, but recently, customers have been tricked, and many scams are occurring.

  • The need for consumer protection laws increases to avoid this and make buying and selling a fair practice. A customer is too weak to resist the unfair policies of big companies; it needs legal authorities to stand against the unfair practices.



The Consumer Protection Act: -


The Consumer Protection Act of 1986 protects consumers against unfair business trade practices. The act was passed after various organizations received many complaints regarding the unfair trade practices of certain companies, which resulted in the loss of money and time for their customers. The act aims to protect consumers' interests by regulating and promoting fair business practices among all industries, including retail, wholesale, service sector, etc.

Consumer Rights in India are as follows:

  • Right to be informed about the product or service offered by the company.

  • Right to choose a product or service from a company.

  • Right to reject the offer of a product or service and not to buy any product not desired by the consumer.

  • Right for a refund if there is any defect in the product and suitable for replacement of damaged products.

  • Right to get compensation if any financial loss is caused due to negligence on the part of an organization (company).


Significance: -


1. Provides market information: Most consumers need to be aware of the product they purchase, which may result in losses.

2. Physical security: Some products are tainted and can endanger consumer health. Therefore, they must be safeguarded.

3.Protection from being exploited: Many businesses purposefully deceive consumers by presenting deceptive advertisements. This act protects consumers from being exploited.

4. Avoid Monopoly: Regardless of the restrictions, many organizations practice monopoly, and consumers are influenced therefore, they should be protected.

5. Educate consumers about their rights: Most consumers need to be made aware of their rights, and the Consumer Protection Act aims to let them know and protect their rights and interests.


How and when to file a consumer complaint under Consumer Protection Act: -


Under the Consumer Protection Law in India, a consumer can file a complaint in writing in case of : -

a) Implementation of any unfair or prohibitive trade practice by any merchant or service provider;

b) If the products sold by service providers have more than one defect.

c) Services leased or agreed to be used by them having a deficiency in any way.

d) The trader or service provider, as the case may be, has charged more than the following amounts for the goods or services mentioned in the complaint:

fixed by or under any currently in force law;

shown on the goods or any package containing such goods;

displayed on the price list displayed by him by or under any law currently in force;

The parties have reached an agreement;

e) Offering goods for sale to the general public that will endanger life and safety when used.

f) Offering services that, if used, will endanger the public's life and safety.


The Methods of Consumer Protection in India:-


  • Consumer protection is necessary, and a few methods of consumer protection in India are:

  • Companies need to be disciplined and concerned about the welfare of their consumers.

  • If the companies or sellers follow the rules and be socially responsible, most of the problems can be solved. If the companies do not discipline themselves, then there are government authorities to enforce the rules legally.

  • These rules are meant to be followed, and the leaders ensure that. There are certain NGOs and voluntary organizations that work for consumer protection. These authorities make people aware of their consumer rights and fight for their rights whenever possible. They organize seminars to educate people and take various measures to spread awareness about consumer rights.






How can India's consumer protection be improved?


  • By educating consumers about their rights. Many people don't even know they have certain rights, and that's a problem. We need to ensure that everyone knows what they can do if they're not happy with a product or service.

  • We need to create a more effective system for filing complaints. Right now, it takes time for consumers to file a complaint, which must change. There needs to be a central system where people can file a complaint, and the process should be simple.

  • We need to enforce existing laws. Companies often get away with violating consumer protection laws because the authorities don't enforce them properly. The authorities need to be stricter when enforcing the law, which can be done by bringing the consumer court online.


Conclusion: -


From faulty products to overpriced goods, consumers are at the mercy of retailers and manufacturers who often put profit before people. This needs to change. You can help improve consumer protection in India by raising awareness about the rights of consumers and speaking up against companies that mistreat their customers. You can also support organizations that work to protect the rights of Indian consumers.



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