INTRODUCTION

With changing times, the economic sector and business sector in India also went through a
several alterations. In the 1980s and 90s, India opened its economy and it became a global trading
partner with the different countries which eventually exposed customers to many new products
along with new complexities attached to it. To curb these difficulties, Parliament enacted the
Consumer Protection Act in the year 1986 to safeguard the consumers. On 24th December, 1986
the Government of India, to safeguard the interest of the consumers, enacted a comprehensive
legislation- the Consumer Protection Act, 1986 (hereinafter referred to as the “the Act”). It
was later modified and several amendments were done from time to time. That in the year
2019, Parliament passed the Consumer Protection Bill, 2019 on 06.08.2019 to replace the
Consumer Protection Act, 1986. However the same will come into force on the date it is
notified by the Central Government.
The preamble to this Act leaves no ambiguity regarding the intention of the framers of this
Act. It is a benevolent social legislation that enshrines the rights and remedies of the
consumers. The dictum, caveat emptor (buyer beware) is a thing of the past and caveat
venditor (let the seller beware) compels the seller to take responsibilities for the product and
discourages sellers from selling products of unreasonable quality. The consumer can now
seek redressal against manufacturers, traders of goods and provides of various types of
services.
The remedy under the Act is a more easily accessible alternate in addition to that already
available to the aggrieved consumers by way of civil suit the other acts.

CONCEPT AND APPLICATION

The Consumer Protection Act, 1986 to provide for the protection of the interests of
consumers and also to make certain provisions relating to the establishment of Consumer
councils for the settlement and resolving of consumer disputes. It can be inferred that every
individual is a consumer of one or many goods and services and he expects a fair deal against
unfair exploitation. That this Act tends to curb all the difficulties and it called be called as is a
social welfare legislation which is basically designed to prevent technicalities, court fees,
procedural delays, etc.

 DEFINITION OF CONSUMER

That section 2(d) of the Act provides for the definition of the term ‘Consumer’ and
The definition of the “consumer” in the Act includes any person who —
 Who has bought any goods for a consideration.
 Other than the buyer who uses the goods with approval of the buyer.
 Who hires any services for consideration.
 Who uses the services with approval of the hirer of services.
Any afore-mentioned person can be a Consumer of the goods or
services if has been paid or promised or partly paid and partly
 promised or under any system of deferred payment but that person
cannot be called a consumer he obtains such kind of goods or services
for any kind of resale or for any commercial purpose.
 RIGHTS OF THE CONSUMERS UNDER THE ACT

The Consumer right can be called as any right to obtain any information about the
goods and services and he should be protected against any unfair practices. In the Act,
the lawmakers had defined certain consumer rights and it seeks, inter alia, to promote
and protect the rights of consumers such as-
a) The Consumer has a right to be protected against the marketing of goods
which are hazardous to his life and property.
b) The Consumer has a right to be informed about the quality or quantity or
potency or purity or standard and price of goods to protect himself against any
unfair trade practices.
c) The Consumer has a right to access to an authority of goods at competitive
prices.
d) The Consumer has a right to be heard at appropriate forums.
e) The Consumer has a right to seek redressal against any unfair trade practices
or unscrupulous exploitation.
f) The Consumer has a right to consumer education.

 CASE LAWS

1. Indian Medical Association vs V.P. Shantha and others

In this case, the court held that the services rendered by a medical professional
fall within the ambit of ‘services’ under the section 2(1)(o) of the Act. The
Court rejected the contention made before it that a medical practitioner being a
professional falls under the scope of Indian Medical Council Act and not under
the Consumer Protection Act. Moreover, it was held that provision of a token
fee which was taken for the hospital administrative purposes would not include
an otherwise free service within the definition of services. Furthermore the
Court observed that the cost of the services paid by the employer or the
insurance company would be deemed similar to that paying for the service by
the consumer himself.

2. Manjeet Singh Vs. National Insurance Company Ltd. & Anr.

In this, the Supreme Court expanded the scope and ambit of protecting
consumers under the Insurance claims by holding that an insurance company
cannot reject motor vehicle claim on the ground that giving lift to passengers
 which was later stolen by them did not tantamount to fundamental breach of
terms of policy.

CONCLUSION

In view of the above usefulness and wide applicability of Consumer Protection Act, it can be
inferred that in each and every area involving sale of goods and services for valuable
consideration a consumer stands protected. The polarity of this law is unlimited. The rights of
the Consumer protected under this Act provide for free flow of correct information of the
goods and services along with protection from any unfair trade practices. The degree of
Consumer protection in any country can be regarded as the right indicator of the progress of
the country. Hence, it can be opined that the machinery of this Act is highly effective to the
delinquent traders with solace to the consumers. With time, further improvements will
undoubtedly make the remedy more and more utilitarian.