CHANGES BROUGHT ABOUT BY THE CONSTITUTIONAL

AMENDMENT ACT 2002 IN CONSUMER PROTECTION ACT

1986

ROUGH DRAFT ON LAW OF TORTS ON THE CHANGES BROUGHT IN CONSUMER

PROTECTION ACT 1986.

SUBMITTED TO SUBMITTED BY

MS SNEHA SAGAR SANJAY

(FACULTY OF TORTS) B.A L.L.B (HONS)

SEMESTER-1

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

 INRODUCTION

THE CONSUMER PROTECTION ACT 1986 WHICH WAS PASSED ON 26TH MAY 2006
WAS AN ACT WHICH MADE GREATER PROVISIONS FOR THE COSUMERS AND
SEEKED TO ESTABLISH A CONSUMER COMMISSION FOR THEM. IT PROVIDED
INFORMATION TO CONSUMERS ON THEIR RIGHTS AS WELL AS ANY OTHER
FORM OF CONSUMER EDUCATION. IT PROVIDED THAT ANY PERSON WHO
CLAIMS TO HAVE SUFFERD A DISADVANTAGE IN RELATION TO THE
ACQUISITION OF GOODS OR SERVICES MAY FILE A COMPLAINT BEFORE THE
CONSUMER COMMISSION. IT GAVE THE CONSUMERS BASIC CONSUMER
RIGHTS SUCH AS RIGHT TO CHOOSE, RIGHT TO SAFETY, RIGHT TO
INFORMATION, RIGHT TO CONSUMER EDUCATION, RIGHT TO BASIC NEEDS
ETC. HOWEVER THE CONSTITUTIONAL AMENDMENT ACT 2002 AMENDED THE
CONSUMER PROTECTION ACT 1986 TO FACILITATE QUICKER DISPOSAL OF
COMPLAINTS BOOSTING THE CAPABILITY OF REDRESSAL AGENCIES
,POWERING THEM AND WIDENING THE SCOPE OF THE ACT SO THAT IT CAN BE
MORE FUNCTIONAL AND EFFICIENT. IT RATIONALISED THE QUALIFICATIONS
AND PROCEDURE OF THE SELECTION OF THE PRESIDENT AND THE MEMBERS
OF THE CONSUMER FORUM.

RESEARCH QUESTIONS

 WHAT LED TO THE LEAGAL ADVANCEMENT OF CONSUMER

PROTECTION ACT 1986
 HAS THE CONSTITUTIONAL AMENDMENT ACT 2002 FACILITATED
QUICKER DISPOSAL OF CONSUMER COMPLAINTS
 ARE THE PENAL PROVISIONS MORE STRENGTHENED NOW
 CAN IT BE JUSTIFIED THAT THE QUALIFICATIONS AND PROCEDURE OF
SELECTION OF THE MEMBERS OF CONSUMER FORUM BEEN
RATIONALISED
 RESEARCH OBJECTVES

 TO UNDERSTAND THE RIGHTS OF CONSUMERS AS PROVIDED UNDER

THE ACT OF 1986 AS WELL AS 2002
 TO CONDUCT A COMPARATIVE ANALYSIS OF THE ACT OF 1986 AND
THE CONSTITUTIONAL AMENDMENT ACT OF 2002
 TO CONDUCT A RESEARCH ON REDRESSAL MECHANISM AS
PROVIDED UNDER THE ACT
 TO RESEARCH UPON THE FACT THAT IF THERE HAS BEEN A SHIFT
FROM THE APPROACH OF “CAVEAT EMPTOR” TO “CAVEAT
VENDITOR”
 TO UNDERSTAND THE FACTS , JUDGEMENTS , PRICIPLES OF
LANDMARK CASES RELATED TO CONSUMER PROTECTION

HYPOTHESIS

 THE RESEARCHER IS INTERESTED IN ANALYSING THE MAJOR CHANGES

BROUGHT ABOUT BY THE CONSTITUIONAL AMENDMENT ACT 2002 IN
THE CONSUMER PROTECTION ACT 1986
 A COMPARATIVE ANALYSIS WOULD HELP THE RESEARCHER TO DRAW
CONCLUSION THAT WHEATHER THESES CHANGES HAD A POSITIVE
IMPACT ON THE PROTECTION OF THE RIGHTS OF THE CONSUMERS OR
NOT

RESEARCH METHODOLOGY

THE RESEARCHER WILL DO DOCTRINAL TYPE OF RESEARCH IN WHICH HE

WILL GO THROUGH PRIMARY AS WELL AS SECONDARY SOURCES.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION
2. LEGAL ADVANCEMENT OF CONSUMER PROTECTION ACT
3. CONSTITUTIONAL AMENDMENT ACT 2002
4. RIGHTS OF CONSUMERS
5. COMPARATIVE ANALYSIS OF THE ACTS
6. SHIFT FROM THE APPROACH OF CAVEAT EMPTOR TO CAVEAT
VENDITOR
7. LNADMARK CASES AND JUDGEMENTS
8. CONCLUSION , CRITICISM AND SUGGESTIONS
9. BIBLIOGRAPHY
i. Right to Information, URL- http://www.consumerrights.org.in/to-
information.htm
ii. http://www.prsindia.org/billtrack/the-consumerprotection-amendment-bill-
iii. http://www.archive.india.gov.in/sectors/consumer_affairs/index.php?id=10