CONSUMER PROTECTION ACT 1986
INTRODUCTION-
In order to supply better protection of the interests of the buyer the buyer protection bill 1986 , was introduced within the lok sabha on 5th December 1986.
This act is a social welfare legislation which was enacted as a result of wide spread consumer protection movement.
WHO IS A CONSUMER ?
When Consumer purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self employment. The consideration may be
•Paid
• Promised
• Partly paid and partly promised .
Important case-
Laxmi Engineering Works vs. P.S.G Industrial Institute (1995)3SCC583
• The Supreme Court held that whether goods bought by an individual are for a ‘commercial purpose’ may be a question of fact and it should be decided by taking into account all the facts and circumstances in each case.
• The Supreme Court further observed that if the products are employed by the purchaser himself for commercial use then he would be considered to be a consumer under this Act but if that person does not use the good himself and engages some other person to operate that particular good then such person will not come under the ambit of the definition of ‘consumer’.
WHY THERE IS A NEED TO PROTECT CONSUMER?
Consumer rights got to be protected since services are availed supported trust and faith, and thus, it’s a necessity to stay a check on the service providers for the sake of service recipient.
The consumers are spread widely everywhere a rustic and are poor, illiterate and are generally not conscious of their rights, though their awareness has recently increased. The manufacturers and suppliers of products or services often exploit consumers by adopting variety of unfair and restrictive trade practices. They often merge and also form tacit cartels to boost prices for maximising their profits at the expense of consumers.
Misleading advertising is another means by which the producers deceive the consumers. Advertisement is of two types. One is informative advertisement which informs the consumers about the supply of certain products at certain prices. This is not objectionable as it provides information to the consumers.
The other and highly injurious practice by the suppliers, of adulteration of commodities. The adulteration by private sector can happen right from the manufacturing point to the last word supplier of the products to the consumers.
WHO CAN COMPLAIN AND HOW ?
* if goods purchased do not fulfill the express or implied conditions and warranties a consumer can complain
* He / she can complain by any method
– by application
– By website – consumerhelpline.gov.in
– Call – 1800 114000
– Sms- 8130009809
* To file the complaint:
The complaint should be filed within two years of shopping for the merchandise or using the service
Important case-
Assurance Company Limited v Hilli Multipurpose Cold Storage Private Limited (Civil Appeal No 10941- 10942 of 2013)
(SC : 04.03.2020)
• The Constitution Bench of the Supreme has conclusively settled conflicting decisions under the Consumer Protection Act 1986 (Act) pertaining to the limitation period for filing a reply to a complaint under the Act. The Supreme Court has held that the time prescribed for filing a reply to the complaint under Section 13(2)(a) of the Act is mandatory and not merely directory. Supreme Court has further held that such time to file a reply commences from the date of receipt of the notice accompanied with the complaint by the opposite party. The Supreme Court passed this order in light of the main object of the Act, which is the speedy redressal of consumer disputes.
• The Supreme Court has provided complete clarity on the time to file the reply to a consumer complaint. This judgment will assist litigants as it entitles them to demand service of a copy of the complaint at the first hearing. The Court has also provided clarity on computation for the aim of calculating the amount of limitation to file the reply.
* Claims of less than Rs5 lakh should be filed with a district forum, claims of Rs5-Rs20 lakh with the state commission, and claims of more than Rs20 lakh directly with the National Commission.
Important case-
Read moreConsumer protection act 1986
Author: Mahima,
1st year faculty of law, University of Delhi
