Consumer Protection Laws in India

Narendra Kumar

05 Jul, 2019

In India, new technological developments are making a high impact on the quantity and the quality of the products, but the fact is that the consumers are still the victim of fraudulent practices. Therefore we have The Consumer Protection Act, 1986 where all the laws are defined.

In this article, we will be discussing on the following topics:

• Who is “Consumer” under the Consumer Protection Act, 1986?
• What are the Consumer’s Rights?
• What are the other laws regarding consumers?
• How the Constitution of India protects consumers?
• What are the grounds to file a complaint?
• How to file a complaint?

Who Is “Consumer” Under The Consumer Protection Act, 1986?

A particular person who purchases the goods or the services for his or her personal use not for the resale or manufacturing the goods or the services is called a “Consumer”. A consumer has the right to decide whether to purchase the product or not to purchase the product.

What are the Consumer’s Rights?

Here are your consumer’s rights:

• Right to provide the proper education to a consumer.
• Right to be heard at a consumer forum.
• Right to seek compensation against the fraud practices.
• Right to be protected by the products that are dangerous to the person.
• Right to be informed about the information on the product.
• Right to be informed about the competitive prices of the product.
• Right to refund, repair or replace the product.

What are the Other Laws Regarding Consumers?

A consumer is a priority in Indian democracy. Indian democracy can’t withstand if the consumer is being cheated in any manner. Various legislations that govern the consumer laws in India, which you must know:

• The Drugs (Control) Act, 1950.
• The Prevention of Food Adulteration Act, 1954.
• The Essential Commodities Act, 1955.
• The Consumer Protection Act, 1986.
• The Bureau of Indian Standards Act, 1986.
• The Monopolies and the Restrictive Trade Practices Act, 1969.

How the Constitution of India Protects the Consumers?

The Constitution of India governs the legislative environment of the country by under its Articles, Schedules, and Parts. On 26th January 1950, the Constitution of India came into the force.

The Constitution of India resolved many conflicts among the citizens of India through justice-social economic, political, liberty of thought, expressions, unity, peace, harmony, integrity, dignity, equal status and equal opportunity, worship, faith etc.

The Constitution of India defines various articles:

Article 14: All the Citizens of India Are Equal before the Law;

Under this article, the Constitution of India defines that all the citizens of India are equal before the law. In other words all the producers, distributors, traders, manufacturers, service providers etc. also enjoy the equality before the law, and when it comes to the punishment, they are equal there too.

Article 47: Duty of the State to Raise the Level of Nutrition and the Standards Of Living and To Improve the Public Health;

Under this article, the Constitution of India imposes the duty on the state to improve public health by raising the nutrition level in the food. It is mandatory to make the medicines at a reasonable price to all the citizens of India without any discrimination such as race, caste, color, identity, religion etc. in any form.

What are the Grounds to File a Complaint?

You can file the complaint if:

• The goods or services are dangerous to the lives which are being sold to the public.
• The manufacturers or the service provider are selling fraud practices or restrictive practices of the goods and the services.
• The goods or the services provided to the customers defect for the one time or more than the one time.
• The deficiency suffered by the consumer in any good or the services in any manner.
• The trader or the service provider charge for the excess price to the customers.
• Negligence is made by the service provider or by the trader.
• A trader or the service provider made any criminal activity to the consumer like forcing the consumer to buy the product or degrade the product.

How to File a Complaint?

Any complaint against the goods or the services should be made under the District Court by the consumer.

• A written complaint must be filed along with the fees prescribed. On the receipt of the complaint, the District Court may allow the charge to have proceeded or to reject within 21 days from the date the claim was made.
• Once the complaint is filed, then the copy of the complaint must be sent to the opposite party and allow 45 days to respond to the criticism.
• It is mandatory for District Forum to decide the complaint within three months from the date of receipt of notice by the opposite party. During the hearing of the case, if the complainant fails to appear, then the District Forum will dismiss the case or will decide the case on the merits.

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Conclusion:

We must clear from the study that the consumer has social, economic and ethical dimensions. Each country had a deal with consumer justice. The United Nations have played a vital role in the guidelines which serve the term and the conditions for the protection. The Constitution of India also works on the protection of the consumers.

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