Consumer Protection Laws in India

Consumer protection laws provide protection to consumers as per consumer protection Act. The Act was introduced in 1986 and further amended in 2002 and  2019. In this article we look at the protection afforded to consumers through the Act.

Objective of Consumer Protection Act

The main objective of the consumer protection act is to provide better protection to consumers and to establish a strong mechanism for the settlement of consumer disputes. The consumer protection act seeks right to fllwing things-

• Protection against hazardous goods being marketed 

• To protect the consumers against unfair trade practices by keeping consumers aware about the quality, quantity, standard potency, purity and price of goods.

• To assure  wherever possible access to an authority of goods at competitive prices.

• To hear and assure that consumer interest will receive due consideration at appropriate forums.

• To seek redressal against unfair trade practices or unscrupulous exploitation of consumers.

• Consumer education

Definition of Consumer

According to the Consumer protection Act, a consumer is a person who buys goods or services for consideration (Not for resale). Consumer is also a person who uses goods and services for a consumer who actually purchases the goods or services. The act covers all goods and services including banking, e-commerce, telecom, insurance, electricity, transportation in the private and public sector.

How and When to Complain

According to consumer protection Act,  consumer complaint can be filed in writing in following cases-

• In case of adoption of any unfair trade practices or a restrictive trade practice by any trader or service provider.

• If the goods are defective tha were purchased from the services provider.

• If the product bought from the services provider has deficiency in services.

• If the Trader, or the services provider has charged for the goods or for the services mentioned in the complaint, a price in excess of the price-

1. Fixed by or under any law for the time being in force.

2. Displayed on the goods or any package containing such goods.

3. Displayed on price list exhibited by him by or under any law for the time being in force.

4. Agreed between the parties.

• Offering such goods to consumers which are hazardous to their life and safety when used.

• Offering services which will be hazardous to life and safety in the public when used.

Other words, services given by the trader or service providers to the consumers which are hazardous to their life and safety are doing their job with due diligence which is injurious to the life and safety of the consumers.

Procedure for Filing of Consumer case

Any consumer can file a complaint against the trader or service provider. The consumer complaint must be written with a district forum along with the fee. On receipt of a complaint at consumer court may accept or reject the complaint, usually on the date of first hearing the court decides. On the other hand the copy of complaint will reach the opposite party for the approval to be made within 45 days.

The consumer courts are established to solve all consumer cases in an expeditious manner. Further it is endeavored to decide the complaint within a period of three months from the date of receipt of notice by the opposite party. Hence during the proceeding if the complainant fails to appear before the forum then the firu may either dismiss the complaint about default or would decide the case on merits.

To engage a lawyer to file consumer complaints or respond to a consumer complaint contact us at BIAT Legal LLP.

Read More : Tax Litigation