lecture-38 - Learning Objectives LESSON 38 CONSUMER...

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Learning Objectives At the end of this chapter, you will be able to know about: · The object of the Consumer Protection Act · Salient features of the Act · The procedure and authorities for filing a complaint under the Act Introduction The earlier principle of “Caveat Emptor” or “let the buyer beware” which was prevalent has given way to the principle of “Consumer is King”. The origins of this principle lie in the fact that in today’s mass production economy where there is little contact between the producer and consumer, often sellers make exaggerated claims and advertisements, which they do not intend to fulfill. This leaves the consumer in a difficult position with very few avenues for redressal. The onset on intense competition also made producers aware of the benefits of customer satisfaction and hence by and large, the principle of “ consumer is king” is now accepted. The need to recognize and enforce the rights of consumers is being understood and several laws have been made for this purpose. In India, we have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, the Trade and Merchandise Marks Act, etc which to some extent protect consumer interests. However, these laws required the consumer to initiate action by way of a civil suit, which involved lengthy legal process proving, to be too expensive and time consuming for lay consumers. Therefore, the need for a more simpler and quicker access to redressal to consumer grievances was felt and accordingly, it lead to the legislation of the Consumer Protection Act, 1986. Object of the Consumer Protection Act, 1986 The main objective of the act is to provide for 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 intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, and reliefs 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 basic rights of consumers as per the Consumer Protection Act (CPA) are 1.The right to be protected against 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 so as to protect the consumer against unfair trade practices 3.The right to be assured, wherever possible, access to variety of goods and services at competitive prices 4.The right to be heard and be assured that consumers’ interests will receive due consideration at appropriate forums 5.The right to seek redressal against unfair trade practices or
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This note was uploaded on 09/27/2011 for the course BUS 100 taught by Professor Sherry during the Spring '11 term at Faculty of English Commerce Ain Shams University.

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lecture-38 - Learning Objectives LESSON 38 CONSUMER...

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