Friday, 6 December 2019

Unit 2: The Consumer Protection Act


                                                Unit 2: The Consumer Protection Act

The earlier principle of “Caveat Emptor” or “let the buyer beware” which was prevalent has given way to the principle of “Consumer is King”.

The origins of this principle lie in the fact that in today’s mass production economy where there is little contact between the producer and consumer, often sellers make exaggerated claims and advertisements, which they do not intend to fulfill.

This leaves the consumer in a difficult position with very few avenues for redressal.

The onset on intense competition also made producers aware of the benefits of customer satisfaction and hence by and large, the principle of “consumer is king” is now accepted.

The need to recognize and enforce the rights of consumers is being understood and several laws have been made for this purpose.

In India, we have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, the Trade and Merchandise Marks Act, etc which to some extent protect consumer interests.

However, these laws required the consumer to initiate action by way of a civil suit, which involved lengthy legal process proving, to be too expensive and time consuming for lay consumers.

Therefore, the need for a simpler and quicker access to redressal to consumer grievances was felt and accordingly, it lead to the legislation of the Consumer Protection Act, 1986.

‘Service’ means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing.

'Goods' means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land.

Complaint: Complaint many allegation in writing by a complainant with a view to obtaining any relief under the Act.

Consumer: Any person who buys any goods for consideration which has been paid or promised or partly paid and partly promised.

Consumer Dispute: Dispute where the person against whom a complaint has been made, denies or disputes the allegation contained in the complaint.

Defect: It is defined to mean any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained.

Service: Service means service of any description which is available to potential users and includes, but not limited.

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