Consumer Protection
★ Consumer Protection: –
● The guidelines for consumer protection were approved by the United Nations General Assembly on 9 April 1985.
The consumer movement first started in Maharashtra in 1904.
● The credit for starting the consumer movement in independent India goes to the then Chief Minister of Madras State (Shri Chakravarti Rajagopalachari). He established the “Consumer Protection Council” in the year 1949 to protect the interests of the consumer.
● M.R. TP Commission was established in 1969.
● The Neutral Standards Act was established in 1976.
● On 24 December 1986, the Consumer Protection Act was passed in Parliament.
● “World Consumer Day” is celebrated on 24 March.
● At the ‘International Consumer Protection Conference’ held in 1997, it was said that ‘Indian Consumer Protection Act’ is a law, which has ushered in a new revolution in the field of consumer rights.
● This Act is a ‘milestone’ in the history of socio-economic legislation.
★ The biggest feature of the Consumer Protection Act is the speedy and inexpensive settlement of disputes within a limited income, while litigation in courts is expensive. And time also takes longer.
★ In order to protect the rights of consumers, ‘three-tier’ redressal mechanisms have been set up at the district, state and national levels for the establishment of ‘Consumer Protection Council’ at the Central, State and District levels and for the resolution of disputes.
★ These are known as ‘District Consumer Forum’, ‘Regional Commission’ and ‘National Commission’.
* Key features of Consumer Protection Act 1986 are: –
● The main objective is to provide protection to consumers against faulty material, defective service and unfair trade practices.
● It is applicable geographically to the entire country except Jammu and Kashmir.
● It is a new and progressive social welfare law.
● This has made the consumer movement powerful.
● It is the only law which is directly related to the market system.
● Its various systems are very comprehensive and effective.
* Rights of consumers: –
1. Right to Protection
2. Right to Information
3. Right to Selection
4. Hearing right
5. Right to Grievance Redressal
6. Right to consumer education
* Consumer Services: –
This includes banking, insurance, construction of transport houses, railways, electricity, entertainment, telephone, medical services etc.
* Reasons for consumer exploitation: –
1. Monopoly
2. Imbalance in Demand and Supply
3. Illiteracy
4. Consumer apathy
5. Liberalization, Privatization and Globalization.
* Consumer complaints: –
1. District Consumer Forum: –
For claims up to Rs 20 lakhs
This bench consists of 3 members.
It is compulsory to have two other members and one woman member, a president.
2. State Commission: –
For claims over 20 lakhs and up to one crore.
Each state has its own “C.D.R.C.”
A chairman consists of two other members.
It is mandatory to have a female member in this.
The State Commission is headed by a retired Judge of the High Court.
It hears appeals against decisions made by the ‘District Consumer Forum’.
3. National Commission: –
It occurs at the central level.
It consists of a chairman and at least 4 members.
The Speaker is a retired judge of the Supreme Court.
It is also mandatory to have a woman member in this commission.
This commission hears the cases of all states.
It can directly hear cases of more than 1 crore rupees.
An appeal can be made against this commission only in the Supreme Court.
* Charge for filing a complaint: –
★ The fee charged for filing a complaint under the Consumer Protection (Amendment) Rules 2004 is as follows: –
◆ 1 lakh rupees – up to ₹ 100
◆ One to ₹ 5 Lakh — ₹ 200
◆ Between 5 and ₹ 10 Lakh – ₹ 400
◆ 10 Lakh to ₹ 20 Lakh – ₹ 500
● Complaint (consumer court) can be filed by post or by a person himself.
● Advocates are not required.
● Affidavit or solid paper is not required.
* Essential things for complaint: –
● It should contain the name and full address of the complainant.
● Complaint should be complete till date.
● There should be necessary documents related to the allegations.
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