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Upbhokta ke Adhikar: Consumer Rights in India

Blogs - Consumer protection
Upbhokta ke Adhikar

Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. The Consumer Protection Bill, of 1986 seeks to provide for better protection of the interests of consumers. The purpose of making provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and matters connected in addition to that.  As we are talking about Upbhokta ke Adhikar i.e. the rights of consumers we have to understand the needs of consumers who are consuming goods. To satisfy the consumer is a liability of the seller of goods. The definition of ‘consumer’ is wide and is further widened by the judiciary section 2(1)(d) of the Consumer Protection Act,1986.

The scope of the Consumer Protection Act has been enlarged by its amendment in 1993. Now a complaint has also been enlarged and a complaint can be filed.

Consumer Protection Act,1986

The Consumer Protection Bill, of 1986 seeks to provide for better protection of the interests of consumers. Also to make provision for the establishment of Consumer councils. At the same time, the other authorities for the settlement of consumer disputes and matters connected in addition to the emergence of the culture of consumerism.

The concept of consumer protection has emerged as the protective umbrella. It is of recent origin, though some astray examples of consumer protection cannot be ruled out in the early days through the fixation on ‘just price.’ Or the law providing for elaborate injunction for ensuring fair prices, precise, weights, accurate measures, and fair dealing.

Such measures are to be found in Kautilya’s Arthashastra. Examples of the fixation of low prices of consumer goods could be found during the regime of Allauddin Khilji.

The delay in the development of consumer protection was affected by the common law doctrine “caveat emptor”(let the buyer beware). This doctrine allowed the seller to disown his responsibility and the buyer was held responsible for his negligence in choosing the purchased goods. Today, it has been replaced by the other maxim “let the seller beware.” This change allows heavy regulation of business on behalf of the consuming public.

Consumer Rights in India

In India, the law on consumer protection is contained in the Consumer Protection Act, of 1986. The object and reasons of the bill pointed out many objects of the law on the point.

For example:

  1. The right to be protected against the marketing of goods which are hazardous to life and property;
  2. Right to be informed about the quality, quantity, potency, purity, standard, and price of goods to protect the consumer against unfair trade practices;
  3. The right to be assumed, wherever possible, access to a variety of goods at competitive prices;
  4. The right to be heard and to be assured that the consumer’s interest will receive due consideration at appropriate forums;
  5. The right to seek redressal against unfair trade and unscrupulous exploitation of consumers; and
  6. The right to consumer education.

End Notes!

With the view to make consumer protection a reality the act provides for the establishment of central consumer protection a reality the act provides for the establishment of central consumer protection council, state consumer protection council, and national consumer disputes redressal commission.

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