Consumer Protection

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CONSUMER PROTECTION THROUGH MASS AWARENESS Measures to promote Consumer Affairs The need for empowerment of consumers as a class

cannot be over emphasized and is already well recognized all over the world. The advancement of technology and advent of sophisticated gadgets in the market and aggressive marketing strategies in the era of globalization have not only thrown open a wide choice, for the consumer but all the same also rendered the consumer vulnerable to a plethora of problems concomitant to such rapid changes. There is an urgent and increasing necessity to educate and motivate the consumer to be wary of the quality of the products, and also the possible deficiencies in the services of the growing sector of public utilities. In short, the consumer should be empowered with respect to his rights as a consumer. He should be equipped to be vigilant with a discerning eye so as to be able to protect himself from any wrongful act on the part of the trader. Promote General Awareness of the rights of the consumer by encouraging consumer education and supplying information. Establishment of Citizen Consumer Clubs in every educational institution. Providing consumer education to rural masses through Women Self Help Groups / Panchayat Level Federations and through Residents. Welfare Associations/ Apartment Owners Associations in Urban areas. Publish periodical and product specific booklets, pamphlets, cassettes, CDs, slides, documentary films and other devices of mass communication for promoting consumer awareness in English and regional languages, highlighting the problem in specified areas like real estate, public

utilities, non-banking financial agencies etc. Organize and conduct seminars, workshops and group discussions and thus provide platform for threadbare discussion of the issues and evolve suitable remedial action. Conduct motivational campaigns for groups of potential customers both in urban and rural areas. Coordinate programmes organized by Central and State Governments, State Legal Aid Authorities, Academic Institutes, National and International Consumer Organizations. Periodic interaction with electronic & print media on success stories of consumers. Establish links with educational institutions like universities, colleges, high schools to emphasize the need for improving consumer education in the curriculum. Consumer clubs which were started recently by the A.P. Consumer affairs, Food & Civil Supplies Dept. would go a long way in achieving this. Interact with national level organizations like NISIET, NIRD, ASCI etc. to explore possible collaboration and organize awareness programmes for their clientele and undertake research projects. Organize a database enabling the consumer retrieve the required information in a less expensive and quick way. Set up a website to publish information, news including judgments, articles, on product analysis and related matters for the guidance of consumers to have informed choice of product services, redressal agencies and mechanisms. In the era of open markets buyer and seller came face to face; seller exhibited his goods, buyer thoroughly examined them and then purchased them. It was assumed that he would use all care and skill while entering into transaction. The maxim relieved the seller of the obligation to make disclosure

about the quality of the product. In addition, the personal relation between the buyer and the seller was one of the major factors in their relations. But with the growth of trade and its globalization the rule no more holds true. Further on account of complex structure of the modern goods, it is only the producer or seller who can assure the quality of goods. In the age of revolutionized information technology and with the emergence of e-commerce related innovations the consumers are further deprived to a great extent. Consumer and Consumerism Consumer means any person who buys and good for a consideration which has been paid promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods for consideration (or) Hires or avails any service for a consideration. Consumerism is a recent and universal phenomenon. Consumerism is a social movement. Consumerism is all about protection of the interests of the consumers. Consumerism is concerned with protecting consumers from all organizations with which there is exchanged relationship. It encompasses the set of activities of government, business, independent organizations and concerned consumers that are designed to protect the rights of the consumers. Right to Information A Consumer without information on quality, quantity, potency, purity, standard and price of goods and services, consumers wont be able to make right decisions. The right to information about the products and services in the market is an important component of the Monopolies and Restrictive Trade Practices

Act, 1969 as it has provision against misleading advertisements which promote right to information. Right to Consumer Education Awareness on competition issues among the stakeholders including consumers and consumer organizations is quiet low while prevalence of anticompetitive practices is quite higher in nature. Without proper education it cannot be effectively tackled The Government of India through the consumer welfare fund has the provision to fund consumer education programmes undertaken by consumer groups or state government. Right to representation In order to facilitate the process of representation, the government has set up different committees of the Union Parliament as well as representation mechanisms in various departments called as Standing Committees. Consumer Protection Act, 1986 The best thing that has been done to strengthen the consumer movement in India is the Consumer Protection Act (COPRA) 1986 which provides for the establishment of three tier consumer redressal agencies known as District forum, State Commission and National Commission. Conclusion It is absolutely essential to create and sustain a consumer movement, which will be well resourced and empowered to advocate consumer interest and competition culture and spread the same through research, training, lobbying, information dissemination and networking. Consumer is the focal point of any

business. Consumers satisfaction will benefit not only business but government and society we well. Protection of Consumer rights is a collective consciousness on the part of consumers, business, government and society to enhance consumers satisfaction and social welfare which will in turn benefit all of them and finally make the society a better place to live in. Consumers are anyone who buys goods and avails services for his/her use is a consumer. Any user of such goods and services with the permission of the buyer is a consumer. The moment a person comes into this world, he starts consuming. Consumers needs Food Clothes, House and many more things and these keep taking one form or the other all along his life. Thus we all are consumers in the literal sense of the term. When we approach the market as a consumer, we expect value for money i.e., right quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated. Earlier Position Before the enactment of Consumer Protection Act, 1986 there are many other laws which are related to Consumer. Some of them are Indian Contract Act, Sale of Goods Act, Prevention of Food Adulteration Act, the Stand-ards of Weights and Measures Act, etc. They protect consumer interests to some extent. But these laws require the consumer to initiate action by way of a civil suit involving lengthy legal process which is very expensive and time consuming. 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 todays 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 Consumer Protection Act, 1986 was enacted to provide a simpler and quicker access to redress of consumer grievances. The Act for the first time introduced the concept of consumer and conferred express additional rights on him. It is interesting to note that the Act doesnt seek to protect every consumer within the literal meaning of the term. The consumer under this law is not required to deposit huge court fees, which earlier used to deter consumers from approaching the Courts. The rigors of court procedures have been dispensed with and replaced with simple procedures as compared to the normal courts, which helps in quicker redresssal of grievances. The provisions of the Act are compensatory in nature. The Act applies to all goods and services unless specifically exempted by the Central Government. It covers all the sectors whether private, public or cooperative. The provisions of the Act are compensatory in nature. The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.

The consumer himself need not necessarily file complaint. Any recognized consumers association can espouse his cause. Where a large of consumers has a similar complaint, one or more can file a complaint on behalf of all. Even the Central Government or State Government can act on his /their behalf. Consumer Grievance Redresses Procedure The Act provides for the setting up of the following quasi judicial and three tier machinery for redressal of consumers grievances: Consumer Courts A consumer court is a tribunal consisting of various judicial officers specially set up for consumer complaints and malpractice reporting. In India consumer courts are set up in almost every region and attend consumer complaints. District Forum Every State Government has to establish by Notification a District Forum with the prior approval of the Central Government, in each District of the State. The district Forum shall consists of three qualified persons one from judiciary and other from education, trade, etc, one of whom shall be a lady social worker. State Commission It is the duty of every State Government to establish the State Commission by a notification with prior approval of the Central Government. Every state commission shall have three members: one from judiciary, two members of ability and knowledge from any other field; one member shall be a

woman. National Commission The central Government has to set up a National Consumer Disputes Redressal Commission by a Notification. The National Commission should have five members. One should be from judiciary and four other members of ability, knowledge and experience from any other fields. Conclusion Consumers are the real masters of the marketing and selling industries by adopting a proper ways and means of protecting the interest of consumers the nation could be able to achieve a better position in globe of consumerism. Moreover the consumers are to be educated through various laws and measure taken for the protection of them which will yield a good citizen to the nation.

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