Consumer Protection Law and Practice-himalaya

If fools did not go to market, cracked pots and false wares would not be sold."

− Jean Le Malchanceux (in the Twelfth Century).

When communities were smaller and the world was younger, consumer`s protection was virtually unnecessary. Unfair trade was almost impossible in the lifestyle of those times. The industrial revolution and a shift in population from rural areas to towns and to that of urban living gave plenty of scope for malpractices.

With new concepts of trade, the need for consumer protection has increased like never before. The growing size of production and distribution systems and advertising, mass marketing methods and emergence of e-commerce has resulted in reduction of personal interaction between buyers and sellers and has contributed to the increased need of consumer protection.

The movement of `Consumerism` is a fascinating one, and it is indispensable in our daily activities of life. In the opinion of Hon`ble Supreme Court, the Consumer Protection Act, 1986 has been a milestone in the Indian history of socio-economic protection to consumers and buyers that is basically directed towards achieving public benefits. The law is an attempt to meet long- felt need of protecting the consumer (common man) for disputes for which remedy under the then existing law was not sufficient.

In India, consumers have had a raw deal in the marketplace and suffered in the field of health and welfare. Earlier, they had recourse to the Monopolies and Restrictive Trade Practices (MRTP) Act. But after the Consumer Protection Act, 1986 came into force, and key amendments took effect in March 2003, consumers have been learning to assert themselves while buying goods and services.

The marketing rule no longer is Caveat Emptor, it is Caveat Vendor. And the Consumer Protection Act, 1986 has emerged as a much useful and consumer − friendly Act after the amendments of 1993 and 2003.

One cannot divide the society into sections of consumers and traders, in a way in which the tenant or labour can be segmented against landlords or employees. Each member of a society is a consumer in itself in one way or anothe

Contents :

1. Consumerism and Consumer
2. Consumer Protection and Guidance
3. Important Definitions
4. Authorities Under the Act
5. Consumer Protection − India`s Perspective
6. Consumer Protection − Law Versus Reality
7. Consumers and Judicial Decisions
8. Consumer Protection and Medical Profession
9. Medical Services and Consumer Protection
10. Consumer Protection Act, 1986 with Short Comments
11. Consumer`s Checklist and Tips
12. Other Laws Showing Spirit of Consumerism
13. Consumer Protection Act − A Quick Review
APPENDIX
Appendix I: Consumer Protection Regulations, 2005
Appendix II: The Consumer Protection Rules, 1987
Appendix III: Twelfth Report of Standing Committee on Food, Civil Supplies and Public Distribution [2001]
Appendix IV: Addresses of Consumer Disputes Redressal Forums in India [in Alphabetical Order]
Appendix V: Address of National Consumer Disputes Redressal Commission in India
Appendix VI: State Commissions Addresses of Consumer Court
Appendix VII: Recognised Consumer Associations
Appendix VIII: List of Voluntary Consumer Organisations
Appendix IX: List of Major NGOs Working for Consumer Rights
REFERENCES