ABOUT THE AUTHOR
This article has been written by a law student at University School of Law and legal Studies, Guru Gobind Singh Indraprastha University.
The requirement for empowering of customers as a class can't be over stressed and is as of now all around perceived everywhere throughout the world. The progression of innovation and approach of complex devices in the market and forceful advertising techniques in the period of globalisation have not just opened up a wide decision, for the shopper however no different likewise delivered the customer helpless against a plenty of issues attending to such quick changes. This can be argued on the basis of fast enactment of consumer protection laws in almost all part of the world.
The Consumer Protection Act, 1986 is one of the examples that is to be treated as a milestone in the history of socio-economic legislation to protect the interests of the consumers in India.
The legislation to protect and advance the interest of consumers in India was finally materialised after in-depth study of consumer protection laws operating in other countries and in consultation with representatives of consumers, trade and industrial segments of India and abroad.
In order to better serve the interests of the consumer and to settle their disputes, Consumer Council and other authoritative mechanism are also being established.
The main objective of the Consumer Protection Act is to ensure the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature.
The Act is also intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, and relief of a specific nature and award of compensation wherever appropriate to the consumer.
The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery.
The following set of rights and responsibilities are listed under the act :
1. Right to Safety
Before purchasing, a shopper can demand the quality and assurance of the merchandise. They ought to in a perfect world buy a guaranteed item with a certification from ISI or AGMARK.
2. Right to Choose
Consumer ought to reserve the privilege to look over an assortment of merchandise and in a serious cost.
3. Option to be educated
The purchasers ought to be educated with all the important subtleties of the item, make her/him demonstration shrewd, and change the purchasing choice.
4. Right to Consumer Education
Consumer ought to know about his/her privileges and maintain a strategic distance from misuse. Obliviousness can cost them more.
5. Right to be heard
This implies the shopper will get due thoughtfulness regarding express their complaints at an appropriate gathering.
6. Right to look for pay
The characterises that the shopper has the privilege to look for review against unreasonable and unfeeling practices or misuse of the buyer.
1. Duty to be aware
A purchaser must be aware of the security and nature of items and administrations before buying.
2. Obligation to think independently
Consumer ought to be very much worried about what they need and need and hence settle on free decisions.
3. Obligation to stand up
Buyer ought to be bold and to stand up their complaints and mention to brokers what they precisely need.
4. Duty to speak out
It's shopper obligation to communicate and document a grievance about their disappointment with products or administrations in an earnest and reasonable way.
5. Duty to be an Ethical Consumer
They ought to be reasonable and not draw in themselves with any beguiling practice.
In recent years, there has been a greater public concern over the consumer protection issues all over the world. Taking into account the interest and needs of the consumers in all countries, particularly those in developing countries, the consumer protection measures should essentially be concerned with –
(i) the protection from hazards to health and safety;
(ii) the promotion and protection of economic interests;
(iii) access to adequate information;
(iv) control on misleading advertisements and deceptive representation;
(v) consumer education and
(vi) effective consumer redress.
The consumer deserves to get what he pays for in real quantity and true quality. In every society, consumer remains the centre of gravity of all business and industrial activity. They need protection from the manufacturer, producer, supplier, wholesaler and retailer.
It is necessary to educate the consumer on their rights and responsibilities as consumers, to make them vigilant, rational and aware buyers. This can be done by adopting the following ways;
1. Educate to develop an understanding about responsibilities as consumers.
2. Consumer should organise together to develop the strength and influence to promote and protect their own interest.
3. Government should make and implement rules of punishment more harsh so that manufacturer and shopkeeper think twice before adopting fraudulent practices.
4. A campaign should be set in motion to involve each and every consumer for making them more conscious and aware of their right and responsibilities.
5. Government and other consumer agencies should make efforts in the direction of propaganda and publicity of district forum, state and national judiciary established for consumer protection so as to make more and more consumer aware about machinery for their greater involvement and to seek justice in case of grievances.
Thus, there is a dire and expanding need to instruct and motivate the purchaser to be careful about the nature of the items, and furthermore the potential lacks in the administrations of the developing segment of open utilities and the consumers ought to be enabled regarding their privileges as a buyer.