Chapter 11: Consumer protection

Here is a list of the Acts that are passed by the Government of India in order to protect consumer interests:

1. CPA or Consumer Protection Act, 1986: This act provides protection to the consumers against different forms of exploitation such as unfair trade practices, deficiency in services or defective goods. As per this act, there is a three-level redressal mechanism to address all consumer complaints. These levels are i) District forum, ii) State Commission and iii) National Commission.

2. The Contract Act, 1982: Under this act, the conditions on the basis of which promises in a contract are made binding are defined. Also, the act provides solutions in case there is a breach of the contract.

3. The Agriculture Produce or Grading and Marking Act, 1937: This act defines standards for livestock and agricultural commodities. It provides procedures for packing, grading and marking agricultural products. The quality certification that is provided by the Act is known as AGMARK.

4. The Standards of Weights and Measures Act, 1976: This act helps safeguard the interests of the consumers for practices which are related to goods that are under-measure and under-weight.

5. The Sale of Goods Act, 1930: It provides protection to the consumers in case the product or good purchased by them is not abiding by the warranties and conditions that are associated with the good or product.

6. The Prevention of Food Adulteration Act, 1954: This act is used for checking and preventing food adulteration and thereby maintaining the purity of the product.

7. The Bureau of Indian Standards Act, 1986: As per this act, BIS or Bureau of Indian Standards are established to formulate the standards of goods quality and provide certification of quality for those products as per the BIS certification scheme. The quality certification provided is known as the ISI mark. It also addresses the redressal of complaints regarding product quality.

8. The Essential Commodities Act, 1955: As per this act, it provides for any type of control in the production, distribution and supply of essential goods. It also tracks black marketing and ensures quality in product distribution.

9. The Competition Act, 2002: This act prevents any such practice by business firms which will delay the competition in the market.

10. The Trade Marks Act, 1999: This act is formed to check the use of false marks on consumer goods and subsequently protect consumers against the use of such goods.

A customer can have some responsibilities, which are enumerated as follows:

1. A consumer should be aware of the goods and services available. It will make the customer informed, and accordingly, the customer can make a choice.

2. A consumer must check all the appropriate quality marks on the items before purchasing the items. For example, checking hallmark symbols before purchasing jewellery.

3. A consumer must always ask for a cash memo for the product or service that is purchased. It acts as proof that the purchase happened and can be used as a reference in case of any dispute that may arise in future.

4. Consumers must read the labels about price, expiry date etc., before making a purchase.

5. A consumer must always deal with honesty and not be involved in illegal business deals for benefit.

6. A consumer must read the manuals that are provided with the equipment in order to be safe.

7. A consumer must file a complaint about a product that is defective or lacking any functions as mentioned for the product. Complaints must be done in the appropriate forum.

8. Consumers must keep the environment clean by avoiding pollution or generating waste from products purchased.

Under the Consumer Protection Act, many establishments have been established for the redressal of the grievances of consumers, these establishments are consumer forums and consumer courts. As per the act, the following type of entities can file a complaint in a consumer court:

1. Any individual consumer.

2. Any registered consumer organisation or any such association.

3. The state and the central government.

4. An individual consumer or a group of such consumers who represent a large number of consumers, each having the same type of interest.

5. Any legal representative or heir of a consumer who is deceased.

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The consumer right, which is reinforced by this proposal, is the “right to be informed”. In this right, the consumer has the right to have complete information about the product that the consumer wants to purchase, it can include the details like date of manufacture, quantity, expiry, date of manufacture, and directions of use. Due to this legal obligation, the manufacturers are required to have all such information published on the package of the product.

A consumer, according to Consumer Protection Act or CPA, is a person who either purchases a product or avails a service for personal use or earns income by self-employment. There is a consideration in availing of the service, which can be either fully paid, partly paid or partly promised. It involves a beneficiary of such goods and services when any such use is made upon getting approval from such a person.