SAFETY FOR THE UNAWARE!

RESEARCH AND ANALYSIS FOR CONSUMER PROTECTION

Mrs.M.Sathiya, Assistant Professor, Department of Management Science, Sri Krishna Arts and Science College
[email protected] Mobile No: 9790639353
Mr. Jaison Joshua. J, I year Student,Department of Management Science , Sri Krishna Arts and College
[email protected] Mobile No: 9345648688
Mr. Surendar.C , I year Student, Department of Management Science, Sri Krishna Arts and College
[email protected] Mobile No: 97446 73547

ABSTRACT:

Consumer protection safeguards the well-being and interests of consumers through education, mobilization and
representation. Consumer protection ensures that consumers make well-informed decisions about their choices
and have access to effective redress mechanisms

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. The Main
objective of the Consumer Protection Act is to provide better protection of consumers and establish a strong
mechanism for the settlement of consumer disputes

This paper also describes the various Rights, Remedies, Importance, Benefits, Methods to file a Consumer Suit,
Methods to approach the Consumer Forumn,Redressal Agencies, Interpretation etc…

This Paper also focuses on the Consumer’s Awareness’ about Consumer Court’s and Remedies available for
them. It is briefly explained through Research and Analysis. This Researches are supported by some
Questionnaire’s and completely analysed and Interpreted.

KEYWORDS: Consumer Protection, Act, Forumn, Disputes, Awareness, Research

INTRODUCTION:

Consumer protection is the practice that is initiated for safeguarding the buyers of goods and services, and the
public, against the unfair practices in the marketplace. Consumer protection measures are generally established
by the legal force. Such laws are procedures to prevent the businesses from engaging in fraudulent activities or
other unfair trade practices. The businesses engage in this type of activities to gain an upper hand in the
competitive market and also to direct the customers falsely. The government too has initiated enquiries about
the products as are sold by the business men to the local customers, the government officials usually keep a
track and regulate to protect the public from the supply of hazardous product and unfair trade practices.

In India, the protection of the rights of the consumers is administered by the Consumer Protection Act, 2019.
The Consumer Protection Act, 2019 was introduced to replace the Consumer Protection Act, 1986. The new
Act contains various provisions which incorporate the challenges faced by modern and technology-dependent
consumers. The Act also contains various provisions for the protection and promoting the rights of the
consumers. 

The main objective of the Act is to protect the interests of the consumers and to establish a stable and strong
mechanism for the settlement of consumer disputes. The Act aims to:

1.Protect against the marketing of products that are hazardous to life and property.

2.Inform about the quality, potency, quantity, standard, purity, and price of goods to safeguard the consumers
against unfair trade practices.

3.Establish Consumer Protection Councils for protecting the rights and interests of the consumers.

4. wherever possible, access to an authority of goods at competitive prices.

5.Seek redressal against unfair trade practices or unscrupulous exploitation of consumers.

6.Protect the consumers by appointing authorities for timely and sufficient administration and settlement of c
consumers’ disputes.

7.Lay down the penalties for offences committed under the Act.

8.Hear and ensure that consumers’ welfare will receive due consideration at appropriate forums in case any
problem or dispute arises.

9.Provide consumer education, so that the consumers are able to be aware of their rights.

10.Provide speedy and effective disposal of consumer complaints through alternate dispute resolution
mechanisms.

Consumer Protection Act is welfare legislation enacted by the Government of India to empower the consumers
of various goods and services against arbitrary practices of vendors. It aims to provide rights and benefits to
consumers of good faith and provides them with appropriate machinery for redressal of their grievances.
REMEDIES AVAILABLE FOR CONSUMERS:

i)Removal of defects in products: Defects mean any fault or imperfection in quality of the product/service.
The Act aims at removing the defects in the products by verifying and conducting tests or analysis.

(ii) Replacement: The Act can make sellers replace the goods with new goods of similar description which is
free from any defect.

(iii) Refunds: In case the replacement is not possible, the Act makes provisions for returning or refunding the
price completely to the complainant.

(iv) Provide compensation: It also makes provisions to pay such amount as compensation for damage or loss
or injury suffered by the consumer due to the negligence of the opposite party.

(v) Removal of deficiencies in services: The Act makes provisions to remove the deficiencies in services by
setting an inquiry and providing compensation.

(vi) Discontinue unfair practices: The Act has remedial measures for discontinuing unfair trade or restrictive
trade practices by exposing them to the public.

RIGHTS OF CONSUMER:

 Right to safety: This rights includes concern for consumer’s long term interest as well as for their
present requirement
 Right to Information: consumer has the right to get information about the quality, purity, standard &
price of the goods or services so as to protect himself against the abusive & unfair practices.
 Right to choose: means to choose an assurance of availability, ability & access to variety of products &
services at competitive price.
 Right to be heard: if a consumer is exploited then he has the right to be heard and be assured that his
interest would receive due consideration.
 Right to seek redressal: The consumer has the right to seek redressal against unfair trade practices or
any other exploitation.
 Right to consumer education: it is the right of the consumer to acquire knowledge & skills to be
informed to customers.
 Right to basic needs: every citizen has the right to fulfill the basic needs to survive & have dignified
living. The basic needs include food, clothing, health, etc.
  Right to healthy environment: the consumers have the right to be protected against environmental
degradation.

IMPORTANTANCE OF CONSUMER PROTECTION:

(From Consumer’s point of view)
1. Consumers Ignorance: Majority of consumers are not aware of their rights and reliefs available to them as a
result of which they are exploited. In order to save consumers from exploitation, consumer protection is needed.
2. Unorganized Consumers: In India consumers are still unorganized and there is lack of consumer
organizations also, thus consumer protection is required.
3. Widespread Exploitation of Consumers: Consumers are exploited on large scale by means of various
unfair trade practices and consumer protection is required to protect them from exploitation.
BUSINESS POINT OF VIEW:

1. Long term Business Interest: It is always in the interest of the business to keep its customer satisfied.
Global competition could be won only after satisfying customers. Satisfied customers lead to repeat sales and
help in increasing customer base of business.
2. Moral Justification: It is the moral duty of any business to take care of consumer interest & avoid any form
of their exploitation & unfair trade practices like defective & unsafe products, adulteration, false and misleading
advertising, hoardings, black marketing etc.
3. Business uses Resources of Society: Every business uses the resources of the society and thus it is their
responsibility to work in the interest of the society.
4. Social Responsibility: A business has social responsibilities towards various groups like owners, workers,
government, customers etc. Thus, customers should be provided qualitative goods at reasonable prices.
5. Government Intervention: If a business engages in any form of unfair trade practices then government
takes action against it, which adversely affects its goodwill.
Responsibilities of Consumers:
1. Ask for a cash memo
• On purchase of goods or services. This would serve as a proof of the purchase made.
2. Be aware
• About various goods and services available in the market so that an intelligent and wise choice can be made.
3. Buy only standardized goods
• As they provide quality assurance. Thus, look for ISI mark on electrical goods, FPO mark on food products,
Hallmark on jewelry etc.
4. Follow manufacturer‘s instructions
• Learn about the risks associated with products and services, and use the products safely.
5. Read labels carefully
• So as to have information about prices, net weight, manufacturing and expiry dates, etc.
6. Assert yourself
• To ensure that you get a fair deal.
7. Be honest in your dealings.
• Choose only from legal goods and services and discourage unscrupulous practices like black marketing,
hoarding etc.
8. File a complaint in an appropriate consumer forum
• In case of a shortcoming in the quality of goods purchased or services availed. Do not fail to take an action
even when the amount involved is small.
9. Form consumer societies
• Which would play an active part in educating consumers and safeguarding their interests.
10. Respect the environment.
• Avoid waste, littering and contributing to pollution.
THE SALIENT FEATURES AND PROVISIONS OF CONSUMER PROTECTION ACT,1986
Who Can File A Complaint Under CPA, 1986:
A complaint before the appropriate consumer forum can be made by:
1. Any consumer.
2. Any registered consumer association.
3. The central or state government.
4. One or more consumers on behalf of numerous consumers having same interest.
5. A legal heir or representative of a deceased consumer.

REDRESSAL AGENCIES FOR CONSUMER’S:

For the redressal of consumer grievances, the Consumer Protection Act, 1986 provides for setting up of a three-
tier machinery at the district, state and the national levels. These agencies are:

1. District Forum or District Consumer Dispute Redressal Forum

(i) The State Governments are required to establish District Forums in each district.

(ii) Each District Forum consists of a chairman and two members appointed by the State
Government, one of whom should be a woman.
(iii) A District Forum can receive consumer complaints, where the value of goods or services and
the compensation claimed is not more than 20 lakhs.
(iv)The complaint can be filed by a consumer to whom goods are sold or services rendered, or any
recognized consumer association.

(iv) On receiving the complaint, the District Forum shall refer the complaint to the opposite party
concerned and send the sample of goods for testing in a laboratory. The opposite party is the
seller, manufacturer or any organisation against whom the complaint has been filed.

2. State Commission or State Consumers Disputes Redressal Commission

(i)State Commission is set up by the State Government and its jurisdiction is restricted to the boundaries of the
state concerned.
(ii)The State Commission shall consist of a President, who is or has been a judge of a High Court and two other
members, one of whom is a woman. All the three shall be appointed by the State Government.
(iii)Only those complaints can be filed, where the value of goods or services and compensation claimed is more
than Rs. 20 lakhs but not more than Rs. 100 lakhs. The appeals against the orders of any District Forum can also
be filed before the State Commission, within 30 days of passing of the order.

3. National Commission or National Consumer Disputes Redressal Commission

(i) The National Commission is set up by the Central Government.

(ii) It shall consist of a President, who is or has been a judge of the Supreme Court and four other
members appointed by the Central Government, one of whom shall be a woman.

(iii) All complaints pertaining to those goods or services and compensation whose value is more
than Rs. 100 lakhs can be filed. Appeals against the order of any State Commission can also
be filed before the National Commission, within 30 days of passing of the order.

(iv) An order passed by the National Commission is appealable before the Supreme Court.

PROCEDURE TO FILE A COMPLAINT IN CONSUMER COURT:

STEP 1: Intimation via Notice: 
A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The
notice communicates the intention of the complainer to resort to litigation and informs him about the defects in
the goods or the deficiency in the service or any unfair practice. The notice is also an attempt to settle the
complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any
other remedy. 

STEP 2: Get the Consumer Complaint Drafted: 

If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal
complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a
lawyer. The complaint can be filed by the aggrieved person. The following details must be specified in the
complaint:

1. Name, description and the address of the complainant(s) and the Opposite Party or parties.
2. Cause of Action, the approximate date, time and venue.
3. Relevant facts relating to the cause of action.
4. The Relief or Remedy claimed by the complainant in accordance with the facts of the case. 
5. Signature and Verification by the complainant or his authorized agent.

STEP 3: Attach Relevant Documents: 

Copies of material evidence and relevant documents that support your case in Consumer Court are important.
These documents include:

 A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the
goods bought
o Warranty/Guarantee certificates
o A copy of the written complaint and notice sent to the manufacturer/seller

STEP 4: Appropriate Forum: 

Choose the appropriate forum for filing the complaint in accordance with the pecuniary jurisdiction which is
estimated in reference to the total value of goods and services bought or availed and the amount of
compensation sought.

STEP 5: Pay Requisite Court Fees: 

A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee
depends upon the value of goods bought and the amount of compensation sought.

STEP 6: Submit an Affidavit:

The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court.
The affidavit must state that the facts presented and statements made by the consumer are true to their
knowledge.

CONSUMER AWARENESS

Some important consumer organization and NGO’s engaged in protecting consumer interests are:

*Consumer coordination council, Delhi.

*Voluntary organization in Interest of Consumer Education, Delhi.

*Mumbai Grahak Panchayat, Mumbai.

*Consumer Association, Kolkata.

*Consumer Unity and Trust Society Jaipur.

Role of Consumer organizations and NGO’s:

 Educating the general public about consumer rights by organizing training programmes, seminars and
workshops.
 Publishing periodical & other publications to educate consumers.
 Providing legal assistance to consumers by providing legal advice etc..
 Producing films or cassettes on food adulteration, misuse of drugs etc.
 Complaints in appropriate consumer courts on behalf of consumers.
 consumers to take on action against unfair trade practices.

4.Taking an initiative in filing cases in consumer courts on behalf of consumers.

Ways and Means of Consumer Protection:

1.Self Regulation by Business:

• It is in the long-term interest of businesses to serve the customers well.

 Socially responsible firms follow ethical standards and practices in dealing with their customers.
 Many firms have set up their customer service and grievance cells to redress the problems and
grievances of their consumers.

2.Business Associations:

• Examples of associations of trade, commerce and business – Federation of Indian Chambers of Commerce of
India (FICCI) and Confederation of Indian Industries (CII)
  They have laid down their code of conduct which lay down for their members the guidelines in their
dealings with the customers.

3.Consumer Awareness:

 A consumer, who is well informed about his rights and the reliefs available to him, would be in a
position to raise his voice against any unfair trade practices or unscrupulous exploitation.
 This enables them to understand their responsibilities and to safeguard their interests.
 Consumer Organizations’:

• Force business firms to avoid malpractices and exploitation of consumers.

4.Government:

• The most important of these regulations is the Consumer Protection Act, 1986. The Act provides for three-tier
machinery at the district, state and national levels for redressal of consumer grievances

CONCLUSION:

At last, it is concluded that consumer awareness means being aware of having the knowledge about the several
consumer production laws, rectified techniques, and consumer rights which include the right to protection of
health and safety from goods and services that consumers purchase, right to be informed about the

The government has brought in many benefits for consumers under the Act. Hence, the Consumer Protection
Act is a progressive, welfare legislation that ultimately benefits the consumers of India.