RIGHTS OF CONSUMERS UNDER CONSUMER LAW & UNDER OUR CONSTITUTION. A GLANCE AT ITS JOURNEY

Consumerism in India roots back to the revolutionary steps taken by the housewives of Mumbai raising their voice against the quality of goods sold in the market in 1949 and constitution of a consumer protection council for the cause.In the meantime such move was noted at international level also when American President John Canady  gave legal sanction to the rights of consumers protecting their interests against traders and manufacturers .Following these steps UNO also declared 15 March as world consumer day in 1962 and issued certain guidelines in 1985 to be followed by all the nations as hereunder

o   Consumers must be given protection and grant 

o   Development of an easy system of distribution and manufacturing of consumer goods

o   To encourage for keeping high morals and conduct of the peaple envolved in distibution of consumer goods

o   To help in preventing monopolies and unfair trade practices being followed at national and international levels

o   To help independent consumer groups 

o   To create such situations as to consumer may get quality goods at less price

                 In the light of above guidelines Sri Mannu Bhai Shah established consumer education and research center in 1979.Though there were many acts already in operation  but none of them was granting any direct relief to the consumers .They are all penal in nature and state takes action against those defaulting people .They in due course either pay the penality and continue following the same practices or manage to escape some or the other way .Consumer do not have direct grip on them.All the above situations motivated the Indian parliament to pass the consumer protection act 1986.Consumer protection act is the only act which compensates the consumers for the loss and mental agony they face.In one of the Intrnational consumer protection seminar held in India in 1977 it was voiced by all nations that consumer protection act 1986 is one of the most progressive and wonderful act Since than there had been number of amendments made in the act making it more useful and suitable to the consumers The first amendment was made in 1991 including services also as a subject of consumer protection It was further elaborated by amendment 1993 including number of service providers as subject to this act In the amendment 2002 more teeth were given to the act and first class megistrate powers are granted to the forums Situation today is that consumer courts are working parallel judiciary to civil courts ,rather working fast in disposal of the cases .The important features of this law are that they are not to follow CPC in strict sense. There is a summery procedure for these forums to be followed. Appearance of advocates is not necessary.As per the provisions,case is to be disposed of within three to five monthes. Nominal fee is charged for filing the complaint which is not a court fee like civil court.

 The salient features of this Act are:

·           Speedy and inexpensive remedy.

·           Lawyers need not to be engaged.

·           Simple procedure.

The Act seeks to promote and protect the rights of consumers such as:

·                     The right to be protected against marketing of goods which are hazardous to life and property,

·                     The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumers against unfair trade practices,

·                     The right to be assured, wherever possible, access to variety of goods at competitive prices,

·                     The right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate forums,

·                     The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers, and

·                     The right to consumer education.

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To protect their rights as a consumer is not a fundamental right, but it emanates from the right to life and personal liberty enshrined in Article 21 in the Constitution of India. As the right to “life” enshrined in Article 21 does not mean just as animal existence, but it incorporates all these things, which are required to live a meaningful life with dignity.

               It is the right of a consumer to be informed about the quality, quantity, potency, purity, standard and price of goods and it is the duty of the state to make such laws as to protect the consumer against unfair trade practices otherwise the consumer as a citizen will lose out its money as well as health and that will lead to deprivation to his/her fundamental right to life.

               Before 1986, there was no comprehensive law to protect a consumer. Although, several laws existed before 1986, like the Weights and Measures Act, Drugs and Cosmetics Act, Sale of Goods Act, Prevention of Food Adulteration Act etc., but in the absence of a certain consumer protection law with its own enforcement machinery, consumers throughout the state felt harassed and in fact without remedy.

                           The Consumer Protection Act, 1986 came into force on 24th December 1986 to fill this lacuna and to provide a redressal forum to the consumers. The objective of the Act was to provide for better protection of the interests of consumers. Although, the Act was enacted but no infrastructure facilities were created. In the landmark judgment of  ‘Common Cause v/s Union of India, A.I.R. 1993 S.C. 1403, Hon’ble Apex Court directed each state to set up the requisite enforcement machinery, like Consumer Courts.

In the present era of globalization, due to liberalization of the economy, increasing competition, consumers are in greater need of protection and awareness, in order to become a responsible consumer. Consumer Protection Act was enacted with a view of providing, protecting, preserving, enforcing and giving speedy remedy to the consumer on violation of their rights.

 

Awareness about consumerism is as necessary as to be a consumer and use consumer goods.Each one of us is a consumer from cradle till the grave in every walk of life.We need to buy thosands of things every day for making our life comfortable and as such are consumers for our day to day needs.Further each one of us is a consumer against service providers such as for consuming electricity, for availing phone facility,insurance,medical facilities[doctors,hospitals,clinics,nursing homes,testing labs etc.]educational institutes and Universities,builders[DDA,GDA,PUDA and other private builders]Even  job providers,beauty clinics ,servant providers also fall under the catagary of service providers against whom we may have complaints.Looking into the wide area of coverage of consumer protection law,it becomes necessary to know about out rights and remedy available to us in order to save us from the exploitation by the big business houses,traders and manufacturers.For this purpose only.about seven hundered consumer forums are functional and every state is having state consumer dispute redressal commission.National consumer redressal commissin is the apex court in the lines of consumer courts and appeal against the order of this commission lies with the supreme court only. They are running almost like a parallel judiciary to the civil courts.Much efforts were made by the influencial business groups to get this act declared unconstitutional as it is serving the purpose against their interests but it could servive as the Supreme court by its order declared it very much legal and valid law.It is the need of the day to know the strenth of this law which could sustain all jurks and storms and still serving consumers who are equiped with much less resources against big gaints                                            

 

After all the above dicussion should we think everything is fine at all ends after all the amendments till amendment  2002 in the consumer protection act? Certainly not.It is not the law which makes the things final,it is the practice and practical experience which finally tells us where we stand.There are yet many quaries unanswered . Interpretations to the new added clauses are beeing done by the redressal agencies best suitable to the consumers which sometimes are creating a lot of hue and cry for want of clear cut provisions and explainations in the act.

 

Let us have a glance at the situation present before us .  It was considered a big achievement in  the amended act having provided first class magistrates power to the redressal agencies for the purpose of execution of the orders issued by the consumer  forum/commissions  The provisions attached to the execution are  not feasible to implement for all practical purposes due to lack of required infrastructure and other facilities

  Now coming to the other provision which comes in the way of execution of the orders, we find section twenty four of the act very liberal for the judgement debtor.As per this clause, every order is final if appeal not preferred That means if appeal is preferred,order cannot be said to be final ,hence there cannot be any execution once appeal is preferred Now JD just files appeal and comes to get stay against execution. Appeal is not admitted as yet, requisite bank guaranty is yet not given ,there is no stay granted but consumer cannot get the order complied Respondant buys time before forum as well as before commission stating appeal is preferred They may not even have the intention to get the appeal admitted .In the mean time they grumble before the forums for adjournment ,if not given and asked to bring stay order ,plea is very simple- act does not say for stay They also bargain with the consumer for settlement and at times succeed also by reducing their  liability to half.This section needs to be amended by substituting the words appeal preferred with the words stay granted

There is a vital impact seen after services for commercial purposes have been removed from the perview of this act.At once all commercial units are suddenly seen out of the definition of consumer It was a landmark judgement by the National commission in February 2005 wherein  Honourable Justice M B Shah had drawn a demarcation line and made it clear that commercial purpose means if activity is directly related to profit making,trade, business or manufacturing Every commercial unit is not everytime hiring  services for commercial purpose just because it is a commercial unit.This espect is also to be spelled out more clearly in the act by further amendment.

 

State commission as well as national commission can now hold additional /circuit benches for speedy disposal of the cases This is really a need of the day Though it has been said in the act while defining the composition of the bench that bench must comprise of one female member and it is understood that the same is applicable to every additional bench also but it would be much better if provision is spelled out in clear words while stipulating provisions/ terms for additional benches.

 

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