INTRODUCTION

Consumer rights are an integral part of our lives like the consumerist way of life. We have
all made use of them at some point in our daily lives. Market resources and influences are
growing by the day and so is the awareness of ones consumer rights. These rights are well
defined and there are agencies like the Government, consumer courts and voluntary
organizations that work towards safeguarding. While we like to know about our rights and
make full use of them, consumer responsibility is an area which is still not demarcated and it
is hard to spell out that all the responsibility is that a consumer is supposed to shoulder.

Consumer Protection Act, 1986 is an important Act in the history of the consumer movement
in the country. The Act was made to provide for the better protection and promotion of
consumer rights through the establishment of consumer councils and quasi-judicial
machinery. It is mile stone in the history of socio-economic legislation and directed towards
public welfare and public benefits.

The CPA was passed by the Lok Sabha on 5th December 1986 and Rajya Sabha on 10th
December, 1986 and assented to by the president in the Gazette of India.

Extra Part II: Section 1 dated 26.12.1986.and at PP 1-12 called, “the CPA 1986 (Act No.66 of
1986) and the preamble states that, “An Act provide for better protection of the interest of
the consumers and for that purpose to make provisions for the establishment of
consumer councils and other authorities for the settlement of consumer’s dispute and
for matters connected therewith.”

Under the Act, consumer disputes redressal agencies have been set up through out the
country with the District Forum at the District level, State Commission at the State level and
National Commission at national level to provide simple, inexpensive and speedy justice to
the consumer with complaints against defective goods, deficient services and unfair and
restrictive trade practices.

The Law relating to consumer protection in India is at recent origin and is developing slowly,
day by day, with the pronouncement of orders passed by the commissions constituted under
the Act all over India and the National Commission. However the presence of some
protective Laws for the benefits of consumer in the ancient culture cannot be denied.

HISTORICAL PERSPECTIVES

In the early years when welfare legislatures like the consumer protection Act did not exist,
the maxim Caveat emptor (let the buyer beware) governed the market deals. We find the
seeds of consumer protection during the Mughal times and especially during the time of
Khiljis. It is said that Sultan Ala-ud-Din Khilji (1296 A.D. to 1316 A.D.) had introduced strict
price control measures based on production costs. He had also established separate shopping
centers in Delhi for (1) grain, (2) cloth, sugar, dried fruits, herbs, butter, and oil, (3) horses,
slaves, and cattle, and (4) miscellaneous commodities. The supply of grain was ensured by
collecting tax in kind in the production areas and keeping it in the royal storehouses.
Hoardings of grain were forbidden. Elsewhere the growers were ordered to sell their grains
for cash in their fields at fixed prices and were not allowed to take any grain home for private
sale. The market controller, the state intelligence officer, and the Sultan’s secret agents, each
submitted independent reports on these shopping centers to the Sultan. Even a minor
violation of the rules was not tolerated.

The shopping center for cloth, known as the sara-i-adl, was established near one of the royal
palaces on the inner side of the Bada-un-Gate. All goods, including foreign imports, were
first taken there and their price fixed. Every merchant was registered with the commerce
ministry and had to sign a bond guaranteeing a regular supply to the goods in which they
traded. The Hindu Multani merchants were advanced money by the treasury to import rare
commodities for the sara-i-adl, some price were subsidized. Costly fabrics and luxury goods
could be sold only to those who have obtained permits from the Government. The prices of
cattle were also fixed and unscrupulous merchants were deprived of their trading rights.

The shopping center for general commodities was under the direct control of the commerce
ministry. Ala-ud-Din’s Minister of commerce was also the Superintendent of weights and
Measure and the Controller of the Commercial transactions. He was assisted by
Superintendent for each commodity. Prices and weight and measure were chequed by
sending the children employed in the royal pigeon-house to buy petty articles.The prices
fixed for the Delhi market were also applied in the provincial capitals and towns.

During the British regime (1765-1947), also known as the ‘Colonial Era’, Government’s
economic polices in India were concerned more with protecting and promoting the British
interests than with advancing the welfare of the native population. The administration’s
primary per-occupation was with maintaining law and order, tax collection and defence.
Accordingly much of the legalisation enacted during the British regime was primarily aimed
at serving the colonial rulers intend of the natives. There were, however, some pieces of
legislation which protected the overall public interest through not necessarily the consumer
interest.Prominent among these were: the Indian Penal code, 1860, the sale of Goods act,
1930, the dangerous drugs act, 1930 and the drugs and cosmetics act, 1940. In a sense, the
sale of good act, and the principles of the law of torts were more for the protection of the
trader than the consumer.

MEANING

As the preamble of CPA 1986 reflect; this socio-economic Law was enacted to provide for
the better protection of the interest of consumers and for that purpose the CPA 1986 seeks to
provide speedy and simple redressal to consumer dispute. In Charan Singh v. Healing Touch
Hospital the Hon’ble Supreme Court has made important observations on the object of the
act.

DEFINITION
S.2(1)d of the act defined consumer as “Consumer” means any person who-
(i) Buys any goods for a consideration which has been paid or promised or partly paid
and party promised or under any system of deferred payment and includes any user of such
goods other than the person who buys such goods for consideration paid or promised or
partly paid or partly promised, or under any system of deferred payment when person, but
does not include with the approval of self person, but does not include a person who obtains
such goods for resale or for any commercial purpose or
(ii) {Hires for avails of} any services for a consideration which has been paid promised
or partly paid or partly promised or under any system of differed payment and includes any
beneficiary of such services other than the person. [hires or avails of ] the services for
consideration paid or promised or partly paid or partly promised, under any system of
differed payment, when such services are availed or with the approval the first mentioned
person.

OBJECTIVES

(a) To assist countries in achieving or maintaining adequate protection for their population as
consumers;

(b) To facilitate production and distribution patterns responsive to the needs and desires of
consumers;

(c) To encourage high levels of ethical conduct for those engaged in the production and
distribution of goods and services to consumers;

(d) To assist countries in curbing abusive business practices by all enterprises at the national
and international levels which adversely affect consumers;

(e) To facilitate the development of independent consumer groups;

(f) To further international cooperation in the field of consumer protection;

(g) To encourage the development of market conditions which provide consumers with
greater choice at lower prices.

FEATURES

Following are the features of the Act are:

1) The Act aims to provide better and all-round protection to consumers.
2) In terms of geographical application, it applies to the whole of India except the State of
Jammu and Kashmir.
3) It applies to all goods and services unless otherwise expressly notified by the Central
Government.
4) It is indeed a very unique and highly progressive piece of social welfare legislation and is
acclaimed as the magna carta of Indian consumers. The Act has made the consumer
movement really going and more powerful, broad-based and effective and people oriented. In
fact, the Act and its Amendment in 1993 have brought fresh hopes to the beleaguered Indian
consumer. This is the only law which directly pertains to market place and seeks to redress
complaints arising from it. Even prior to 1986, there were in force a number of laws which
could be interpreted in favour of the consumers. But, this Act is most powerful piece of
legislation the consumer has had before 1986. Its provisions are very comprehensive and
highly efficacious.

In fact, it provides more effective protection to consumers than any corresponding

legislation in force even in countries which are considered to be much more advanced.

5) It provides effective safeguards to the consumers against different types of exploitation

such as defective goods, unsatisfactory (or deficient) services and unfair trade practices.

CONSUMER RIGHTS

Consumers in the advanced countries, obviously, are much more conscious of their rights
than in countries like India.
1. Right against exploitation by unfair trade practices.
2. Right to protection of health and safety from the goods and services the consumers buy or
are offered free.
3. Right to be informed of the quality and performance standards, ingredients of the product,
operational requirements, freshness or the product, possible adverse side effects and other
relevant facts concerning the product or service.
4. Right to be heard if there is any grievance or suggestions.
5. Right to get genuine grievances redressed.
6. Right to choose the best from a variety of offers.
7. Right to physical environment that will protect and enhance the quality of life.
STRUCTURE OF CONSUMER PROTECTION ACT

The Act envisages a three- tier quasi-judicial machinery at the National, State and District
levels.

 National Consumer Disputes Redressal Commission - known as "National Commission"

deals with complaints involving costs and compensation higher than Rs. One Crore.

 State Consumer Disputes Redressal Commissions - known as "State Commission, deals

with complaints involving costs and compensation higher than Rs. Twenty Lakhs and less
than Rs. One Crore.

 District Consumer Disputes Redressal Forums - known as "District Forum, deals with
complaints involving costs and compensation less than Rs. Twenty Lakhs.

CONTENTS OF CONSUMER COMPLAINT

Procedures for filing complaints and seeking redressal are simple. There is no fee for filing a
complaint before the District Forum, the State Commission or the National Commission. ( A
stamp paper is also not required). Three to five copies of the complaint on plain paper are
required to be submitted by the complainant or his authorized agent in person or could be
sent by post to the appropriate Forum / Commission.

A complaint should contain the following information:-

(a) The name, description and the address of the complainant.

(b) The name , description and address of the opposite party or parties, as the case may be, as
far as they can be ascertained;
(c) The facts relating to complaint and when and where it arose;
(d) Documents, if any, in support of the allegations contained in the complaint.
(e) The relief which the complainant is seeking.
The complaint should be signed by the complainant or his authorized agent.
The complaint is to be filed within two years from the date on which cause of action has
arisen.

CONCLUSION:-

I can conclude that very few consumers Are fully aware about the rights,
responsibilities and Consumer Protection Act. Hence, it isnecessary to educate them on their
rights and responsibilities as consumers, to make them vigilant, rational and aware buyers.
The government has been fruitful in providing protection to the consumers in the real sense
of the term and served the purpose of the Act. It is hoped that further improvement in the act
would aim at even more efficiency and render the position of the consumers much stronger in
this era of globalization and privatization where the sudden unchecked advent of Multi
National Companies has to be balanced with the protection of the rights of the consumers by
the legislature and the judiciary.

BIBLIOGRAPHY
 www.google.com
 www.wikipedia.com
 Co-operative & rural markets S.Y BMS text book