Consumer Protection Act and its Legal Protection to Consumers

Consumer Protection Act (CPA):

• The Consumer Protection Act (CPA) focuses on protecting & promoting the consumers’ interests through provide speedy and inexpensive solutions of their grievances.

• It is applicable to all types of enterprises whether small or big , whether in the private or public sector or cooperative sector, whether manufacturer or trader, whether dealing in goods or services.

• Therefore, this Act provide certain rights to consumers with a view to empowering them and to protect their interests.

Aims of Consumer Protection Act-

1. Providing protection to consumers against unfair trade practices of traders , manufacturers and service providers.

2. Educating consumers about their rights and responsibilities.

3. Providing speedy and inexpensive solutions of their grievances.

4. Spreading awareness among the consumers so that they can protect & promote their interests with the help of consumer protection forums.

Scope if Consumer Protection Act-

Consumer Protection Act is applicable to all types of enterprises whether small or big , whether in the private or public sector or cooperative sector , whether manufacturer or trader , whether dealing in goods or services.

Legal Protection to Consumers:

The legal framework of India consists of a number of regulations which provide protection to consumers. As per the Right to Information Act 2005, Section 4, all relevant information is required to be made available to all citizens of the country. Other regulations are briefly discussed below:

1. The Consumer Protection Act, 1986

• This acts first define who is consumer.

• The Consumer Protection Act, 1986 seeks to protect and promote the interests of consumers through speedy & inexpensive redressal of grievances.

• This act recognizes consumer rights & safeguard their interests.

• The Act provides for the setting up of a three-tier machinery, consisting of District Forums, State Commissions and the National Commission.

• This act also provides for the formation of consumer protection councils in every District and State, and at the apex level.

2. The Indian Contract Act, 1872

• This Act lays down the conditions in which the promises made by parties to a contract will be binding on each other.

• This Act also specifies the remedies available to parties in case of breach of contract.

3. The Sale of Goods Act, 1930

• This Act safeguards and provide reliefs to the buyers of the goods in case the goods purchased do not fulfill with their conditions or warranties.

4. The Essential Commodities Act, 1955

• The objective of this act is controlling production, supply and distribution of essential commodities, checking inflationary trend in their prices and ensuring equal distribution of essential commodities.

• This Act also takes action against anti-social activities such as hoarding & black marketing etc.

5.The Agricultural Produce (Grading and Marking) Act, 1937

• This Act prescribes grade standards for agricultural commodities and livestock products.

• The quality mark provided under this Act is known as AGMARK, an acronym for Agricultural Marketing.

6. The Prevention of Food Adulteration Act, 1954

• This Act aims to check adulteration of food articles and ensure their purity so as to maintain public health.

7. The Standards of Weights and Measures Act, 1976

• This act provides protection to consumers against the malpractice of under-weight or under-measure.

• Therefore , this Act is only applicable in case of those goods which are sold or distributed by weight, measure or number.

8. The Trade Marks Act, 1999

• This Act provide protection against the use of fraudulent marks on products and therefore, provides protection to the consumers against such products.

9. The Competition Act, 2002

• This Act provides protection to the consumers in case of practices adopted by business firms which hamper competition in the market.

10. The Bureau of Indian Standards Act, 1986

• This act has two major activities – formulation of quality standards for goods and their certification through the BIS certification scheme.