Introduction:

consumer protection is a group of laws and organizations designed to ensure the rights of
consumers, as well as fair trade, competition, and accurate information in the marketplace. The laws
are designed to prevent the businesses that engage in fraud or specified unfair practices from
gaining an advantage over competitors. They may also provide additional protection for those most
vulnerable in society. Consumer protection laws are a form of government regulation that aim to
protect the rights of consumers. For example, a government may require businesses to disclose
detailed information about products—particularly in areas where safety or public health is an issue,
such as food.

Consumer protection is linked to the idea of consumer rights, and to the formation of consumer
organizations, which help consumers make better choices in the marketplace and get help with
consumer complaints. Other organizations that promote consumer protection include government
organizations and self-regulating business organizations such as consumer protection agencies and
organizations, ombudsmen, the Federal Trade Commission in America, and Better Business Bureaus
in America and Canada, etc.

Definition of consumer : A consumer is defined as someone who acquires goods or services

for direct use or ownership rather than for resale or use in production and manufacturing.

Consumer interests can also be protected by promoting competition in the markets which directly
and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in
competition law.

Consumer law:
Consumer protection law or consumer law is considered as an area of law that regulates private law
relationships between individual consumers and the businesses that sell those goods and services.
Consumer protection covers a wide range of topics, including but not necessarily limited to product
liability, privacy rights, unfair business practices, fraud, misrepresentation, and other
consumer/business interactions. It's a way of preventing frauds and scams from service and sales
contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may
lead to bankruptcy.
Consumer law in india:
The Consumer Protection Act, 1986 is the main legislation pertaining to Consumer

protection. Other Legislations governing Consumer Protection include:

 Agricultural Products (Grading and Marketing) Act, 1937

 Industries (Development and Regulation) Act, 1951
 The Essential Commodities Act, 1955
 Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act,
1980
 The Consumer Protection Rules, 1987
 Bureau of Indian Standards (Recognition of Consumers‘ Associations) Rules, 1991
 Consumer Welfare Fund Rules, 1992
 Competition Act, 2002
 The Consumer Protection Regulations, 2005
 Right to Information Act, 2005
 The Legal Metrology Act, 2009
 Consumer Protection (Amendment) Bill, 2011
 The Consumer Protection Bill, 2015

Need of consumer protection:

Organising consumers and protesting against unfair trade practices was not a new phenomenon.
Way back in the middle of the 19th century, a section of consumers in England organized themselves
to protest against exploitation of labour by the textile industry and they gave a call to boycott the
buying of textiles manufactured by such erring companies. There were also similar moves by another
section against employment of child and women labour, and slavery. Towards the end of the 19th
century, there were sporadic attempts by consumers in the U.K. America and Europe to form Buyers
Clubs in order to avoid middlemen and profiteering. The buyers’ clubs were like informal consumer
cooperatives where goods were purchased directly from the producers and supplied to consumers
to assure quality, prevent adulteration and ensure a reasonable price. Laws aimed at the protection
of consumers are not confined to modern times. In 200 BC there were laws in India against food
adulteration. The Laws of Manu which are several centuries old refer to punishments to be given to
dishonest traders.
Consumer protection Act 1986:

Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the
interests of consumers in India. It makes provision for the establishment of consumer councils and
other authorities for the settlement of consumers' disputes and for matters connected therewith
also.

Objectives:

1. The right to be protected against the marketing of goods and services which are hazardous
to life and property.
2. The right to be informed about the quality, quantity, potency, purity, standard and price of
goods or services, as the case may be so as to protect the consumer against unfair trade
practices;
3. The right to be assured, wherever possible, access to a variety of goods and services at
competitive prices ;
4. The right to be heard and to be assured that consumer's interest will receive due
consideration at appropriate forums;
5. The right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers.

Consumer Disputes Redressal Agencies:

District Consumer Disputes Redressal Forum (DCDRF): Also known as the "District Forum"
established by the State Government in each district of the State. The State Government may
establish more than one District Forum in a district. It is a district level court that deals with cases
valuing up to ₹2 million (US$31,000).

State Consumer Disputes Redressal Commission (SCDRC): Also known as the "State Commission"
established by the State Government in the State. It is a state level court that takes up cases valuing
less than ₹10 million (US$160,000)

National Consumer Disputes Redressal Commission (NCDRC): Established by the Central

Government.

Jurisdiction of District Forum:

Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain
complaints where the value of the goods or services and the compensation, if any, claimed does not
exceed rupees twenty lakhs.

A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction:-

a) – the opposite party or each of the opposite parties, where there are more than one, at the time
of the institution of the complaint, actually and voluntarily resides or carries on business or has a
branch office or personally works for gain, or

b) – any of the opposite parties, where there are more than one, at the time of the institution of the
complaint, actually and voluntarily resides, or carries on business or has a branch office, or
personally works for gain, provided that in such case either the permission of the District Forum is
given, or the opposite parties who do not reside, or carry on business or have a branch office, or
personally work for gain, as the case may be, acquiesce in such institution; or

c) – the cause of action, wholly or in part, arises.

Consumer courts do not have jurisdiction over matters where services or goods were bought for a
commercial purpose.

Jurisdiction of State Commission.

Subject to the other provisions of this Act, the State Commission shall have jurisdiction:-

a) – to entertain

i) – complaints where the value of the goods or services and compensation, if any, claimed exceeds
rupees twenty lakhs but does not exceed rupees one crore (R10 million); and

ii) – appeals against the orders of any District Forum within the State; and

b) – to call for the records and pass appropriate orders in any consumer dispute

Jurisdiction of National Commission:

The National Commission has jurisdiction.

(a) to entertain—

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds
rupees one crore; and

(ii) appeals against the orders of any State Commission; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending
before or has been decided by any State Commission. However, the Supreme Court of India has held
that the jurisdiction of National Commission under Revision Jurisdiction is very limited and can only

be exercised when State Commission exceeds its jurisdiction, fails to exercise its jurisdiction or there
is material illegality in the order passed by State Commission.
CONSUMER RIGHTS IN INDIA

The definition of Consumer right is ‘the right to have information about the quality, potency,
quantity, purity, price and standard of goods or services’, as it may be the case, but the consumer is
to be protected against any unfair practices of trade. It is very essential for the consumers to know
these rights.

However there are strong and clear laws in India to defend consumer rights, the actual plight of
consumers of India can be declared as completely dismal. Out of the various laws that have been
enforced to protect the consumer rights in India, the most important is the Consumer Protection
Act, 1986. According to this law, everybody, including individuals, a firm, a Hindu undivided family
and a company, have the right to exercise their consumer rights for the purchase of goods and
services made by them. It is significant that, as consumer, one knows the basic rights as well as
about the courts and procedures that follow with the infringement of one’s rights.

In general, the consumer rights in India are listed below:

The right to be protected from all kind of hazardous goods and services

The right to be fully informed about the performance and quality of all goods and services

The right to free choice of goods and services

The right to be heard in all decision-making processes related to consumer interests

The right to seek redressal, whenever consumer rights have been infringed

The right to complete consumer education

RIGHT TO SAFETY

According to the Consumer Protection Act 1986, the consumer right is referred to as ‘right to be
protected against marketing of goods and services which are hazardous to life and property’. It is
applicable to specific areas like healthcare, pharmaceuticals and food processing, this right is spread
across the domain having a serious effect on the health of the consumersortheir well being viz.
Automobiles, Housing, Domestic Appliances, Travel etc. When there is violation of the right then
there occur medical malpractice lawsuits in the country.

RIGHT TO INFORMATION

The right to information is defined as ‘the right to be informed about the quality, quantity, potency,
purity, standard and price of goods or services, as the case may be so as to protect the consumer
against unfair trade practices’ in the Consumer Protection Act of 1986. In the market place of India,
consumers get information by two ways namely advertising and word of mouth however these
sources are considered to be unreliable but still this word of mouth is quite common here. Because
of this, the Indian consumers hardly have precise and complete information for assessing the true
value, safety, suitability, reliability of any product.
RIGHT TO CHOOSE

The definition of Right to Choose as per the Consumer Protection Act 1986 is ‘the right to be
assured, wherever possible, to have access to a variety of goods and services at competitive prices’.
For regulating the market place, there is just one factor required and that is competition.The
existence of cartels, oligopolies and monopolies prove to be counterproductive to consumerism. The
natural resources, liquor industry, telecommunications, airlines etc all are being controlled by a
mafia to some or the other extent.

RIGHT TO BE HEARD

As stated in the Consumer Protection Act 1986, ‘the right to be heard and to be assured that
consumer’s interests will receive due consideration at appropriate forums’ is the definition of the
right to be heard. This right helps to empower the consumers of India for putting forward their
complaints and concerns fearlessly and raising their voice against products or even companies and
ensure that their issues are taken into consideration as well as handled expeditiously. However, till
date the Indian Government has not formed even one outlet for hearing the consumers or their
issues to be sorted out.There are a number of websites striving to do this. The major objective of
Consumer is to ensure that their voices are heard by the corporate world

RIGHT TO REDRESSAL

The right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers’ is referred to as the right to redressal according to the
Consumer Protection Act 1986.

The government of India has been bit more successful with regard to this right. The Consumer courts
like District Consumer Disputes Redressal Forums at district level, State Consumer Disputes
Redressal Commissions and National Consumer Disputes Redressal Commissions have been
incorporated with the help of the consumer protection act.

RIGHT TO CONSUMER EDUCATION

The right of every Indian citizen to have education on matters regarding consumer protection as well
as about her/his right is regarded as the last right provided by the Consumer Protection Act 1986.
The right makes sure that the consumers in the country have informational programs and materials
which are easily accessible and would enable them to make purchasing decisions which are better
than before. Consumer education might refer to formal education through college and school
curriculums as well as consumer awareness campaigns being run by non-governmental and
governmental agencies both.
Consumer Exploitation:

In a capitalist society, the consumer should be king. Even so, there are plenty of ways companies
ripconsumers off and treat them poorly. No matter what types of products you buy, you need to be
on thelookout for consumer exploitation. Some types of exploitation are small and somewhat
insignificant, butother types of exploitation can be quite costly.The following are the forms of
consumer exploitation:

1) Underweight and under measures.

2) High prices.

3) Sub standard quality.

4) Adulteration of goods

5) Duplicate articles.

6) Rough behavior and undue conditions.

7) Lack of safety devices.

8) Poor or inadequate after sales service.

Reasons for Consumer Exploitation

1. Illiteracy and Ignorance

Consumers in India are mostly illiterate and ignorant. They do notunderstand their rights. A system
is required to protect them from unscrupulous businessmen.

2. Unorganized Consumers

In India consumers are widely dispersed and are not united. They are at themercy of businessmen.
On the other hand, producers and traders are organized and powerful.

3. Spurious Goods

There is increasing supply of duplicate products. It is very difficult for an ordinaryconsumer to

distinguish between a genuine product and its imitation. It is necessary to protectconsumers from
such exploitation by ensuring compliance with prescribed norms of quality and safety.

4. Deceptive Advertising

Many advertisements make false promises, are highly exaggerated and giveincomplete descriptions
of products. Consumers are misled by false advertisement and do not know thereal quality of
advertised goods.

5.Malpractices of Businessmen
 Fraudulent, unethical and monopolistic trade practices on the part of businessmen lead to
exploitation of consumers. Consumers often get defective, inferior andsubstandard goods and poor
service. Certain measures are required to protect the consumers againstsuch malpractices.
Consumers’ Responsibilities

Consumer protection is not only about consumers‘ rights but also about the responsibilities of the
consumers. Some of them are given hereunder –

1) Dealing with Advertisements - Advertisements have become a part and parcel of our lives and
even if we try we cannot avoid them. Companies are trying to sell their products by making
attractive audio-visuals, publishing only that part which may be eye catching and hiding other crucial
information and so on. Consumers need to be cautious of such deceptive advertisements.

2) Buying Quality Certified Products - There are lot of products which are certified by recognised
agencies as safe to consume and good in quality. For example the Indian Standard Institute (ISI)
conducts quality testing of many consumer goods. If found proper the product is labelled with ISI
mark on it. For many food products the quality assurance is certified by seal called AGMARK.
Consumers should choose products with ISI mark and AGMARK. A very important thing before
purchasing food products or medicines etc. is that the consumer must see the expiry date.

3) Demanding Bill of the Purchase - Every consumer must demand the bill after purchase of goods
and services. The bill is the proof of purchase and can be used to seek justice if the consumer feels
cheated after buying the commodity. Through the bill the consumer also ensures that the
government receives tax on the product because it is mandatory for the seller to mention the tax
amount on the bill. Such act of the consumer makes him/her a responsible citizen of the country.

4) Being a Green Consumer - A consumer must consume those products which do not cause damage
to our environment. People should use biodegradable products which can easily mix with soil and
water after they are disposed off. Consumers are also responsible for automobile pollution in town
and cities. They should use public transport system and eco-friendly vehicles.

5) Consumers as Managers - Consumers can unite together to provide themselves and the
community at large of a locality or village some basic needs such as drinking water supply, health,
education etc.
Suggestions or Opinions:

In today's changing market scenario, there is an increasing necessity of empowering the

consumers through education and motivation regarding their rights and responsibilities. He/she
should be equipped to be fully vigilant so as to be able to protect himself/herself from any
wrongful act on the part of the seller/trader. Several steps have been taken by the Government,
both at the Central and State level towards generating awareness among the consumers. Given all
such initiatives, it is the responsibility of the consumer as well to keep in mind the following
suggestions:

 Purchase products only after their complete scrutiny and not at the cost of attractive
advertisements.
 Keep check on the weighing and measuring instruments used by traders.
 Avoid buying fruits and vegetables from unhygienic place.
 Check print of MRP on the packet.
 Check the quantity as per the figure printed on the packet.
 Check the expiry date of the product, particularly that of eatables and medicines.
 Always collect bill at the time of purchase.

Moreover, the packaging and appearance of the product should not be the guiding factor for
consumer purchases. Along with cost consideration, consumer must be cautious of the quality of
the product. Most importantly, it is the prime responsibility of a consumer to bring to the notice of
the concerned authorities, any violation in their rights.

Bibliography:

1) www.google.com
2) www.india.gov.in
3) www.jagograhakjago.com
4) https://en.wikipedia.org
5) www.scribd.com
6) www.yahoo.com
7) Course book of foundation course of S.Y.Bcom Sem-3
8) Text book of organisation of commerce and management standard 12th
of Maharashtra state board of secondary and higher secondary
education pune.