DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,

LUCKNOW

LAW OF TORTS
TOPIC – CONSUMER PROTECTION ACT ,2019
NEED, FEATURES,VIEW

SUBMITTED TO- SUBMITTED BY-

DR. ANKITA YADAV ARYAN YADAV

ASSOCIATE PROFESSOR ENROLLMENT NO. – 220101048

(LAW OF TORTS) B.A. LL.B. (HONS)

RMLNLU SECTION – ‘A’

 ACKNOWLEDGEMENT

I would like to thanks Dr. Ram Manohar Lohiya National Law University, Lucknow
for giving me chance to do this project.
I would also like to express my profound gratitude and regards to my professor Dr.
Ankita Yadav For her guidance, monitoring and their constant encouragement
throughout the completion of this project .
I am grateful for my friends for his/her encouraging guidance and tips to elevate the
level of my project

Lastly, I would also like to thank my parents for supporting me and encouraging me
to do this project.

- Aryan Yadav
 DECLARATION

I hereby declare that the project submitted by me to Dr. Ram Manohar Lohiya
National Law University, Lucknow, Uttar Pradesh in partial fulfilment requirement
for the award of the degree of B.A.LLB (Hons.) is a record of bona fide project work
carried out by me under the guidance of my Professor Dr. Ankita Yadav.
I further declare that the work reported in this project has not been submitted, and
will not be submitted either in part or in full, for the award of any other degree or
diploma in this institute or any other University.
The project does not consist of a plagiarism report backed by the University’s
resources, rather an independent one due to unavoidable reasons.
 Contents

1 INTRODUCTION

2 HISTORCAL PERSPECTIVE

3 MEANING & DEFINITION

4 OBJECTIVES

5 FEATURES

6 CONSUMER RIGHTS

7 STRUCTURE OF CONSUMER PROTECTION ACT

8 CONTENTS OF CONSUMER COMPLAINT

9 CONCLUTION

10 BIBLIOGRAPHY
 INTRODUCTION

Consumer rights are an integral part of our lives like the consumerist way of life.
We have all made use of them at some point in our daily lives. Market resources
and influences are growing by the day and so is the awareness of ones consumer
rights. These rights are well defined and there are agencies like the Government,
consumer courts and voluntary organizations that work towards safeguarding.
While we like to know about our rights and make full use of them, consumer
responsibility is an area which is still not demarcated and it is hard to spell out that
all the responsibility is that a consumer is supposed to shoulder.

Consumer Protection Act, 1986 is an important Act in the history of the consumer
movement in the country. The Act was made to provide for the better protection and
promotion of consumer rights through the establishment of consumer councils and
quasi-judicial machinery. It is mile stone in the history of socio-economic legislation
and directed towards public welfare and public benefits.

The CPA was passed by the Lok Sabha on 5th December 1986 and Rajya Sabha
on 10th December, 1986 and assented to by the president in the Gazette of India.

Extra Part II: Section 1 dated 26.12.1986.and at PP 1-12 called, "the CPA 1986
(Act No.66 of 1986) and the preamble states that, "An Act provide for better
protection of the interest of the consumers and for that purpose to make
provisions for the establishment of consumer councils and other authorities
for the settlement of consumer's dispute and for matters connected
therewith."

Under the Act, consumer disputes redressal agencies have been set up throughout
the country with the District Forum at the District level, State Commission at the
State level and National Commission at national level to provide simple,
inexpensive and speedy justice to the consumer with complaints against defective
goods, deficient service and unfair and restrictive trade practice.

The Law relating to consumer protection in India is at recent origin and is

developing slowly, day by day, with the pronouncement of orders passed by the
commissions constituted under the Act all over India and the national commission.
However the presence of some protective Laws for the benefits of consumer in the
ancient culture cannot be denied.
 HISTORICAL PERSPECTIVES
In the early years when welfare legislatures like the consumer protection Act did not
exist, the maxim Caveat emptor (let the buyer beware) governed the market deals.
We find the seeds of consumer protection during the Mughal times and especially
during the time of Khiljis. It is said that Sultan Ala-ud-Din Khilji (1296 A.D. to 1316
A.D.) had introduced strict price control measures based on production costs. He
had also established separate shopping centers in Delhi for (1) grain, (2) cloth, sugar,
dried fruits, herbs, butter, and oil, (3) horses, slaves, and cattle, and (4)
miscellaneous commodities. The supply of grain was ensured by collecting tax in
kind in the production areas and keeping it in the royal storehouses. Hoardings of
grain were forbidden. Elsewhere the growers were ordered to sell their grains for
cash in their fields at fixed prices and were not allowed to take any grain home for
private sale. The market controller, the state intelligence officer, and the Sultan’s
secret agents, each submitted independent reports on these shopping centers to the
Sultan. Even a minor violation of the rules was not tolerated.

The shopping center for cloth, known as the sara-i-adl, was established near one of
the royal palaces on the inner side of the Bada-un-Gate. All goods, including
foreign imports, were first taken there and their price fixed. Every merchant was
registered with the commerce ministry and had to sign a bond guaranteeing a
regular supply to the goods in which they traded. The Hindu Multani merchants
were advanced money by the treasury to import rare commodities for the sara-iadl,
some price were subsidized. Costly fabrics and luxury goods could be sold only to
those who have obtained permits from the Government. The prices of cattle were
also fixed and unscrupulous merchants were deprived of their trading rights.

The shopping center for general commodities was under the direct control of the
commerce ministry. Ala-ud-Din's Minister of commerce was also the
Superintendent of weights and Measure and the Controller of the Commercial
transactions. He was assisted by Superintendent for each commodity. Prices and
weight and measure were chequed by sending the children employed in the royal
pigeon-house to buy petty articles.The prices fixed for the Delhi market were also
applied in the provincial capitals and towns.

During the British regime (1765-1947), also known as the 'Colonial Era',
Government's economic polices in India were concerned more with protecting and
promoting the British interests than with advancing the welfare of the native
population. The administration's primary per-occupation was with maintaining :
law and order, tax collection and defence. Accordingly much of the legalisation
enacted during the British regime was primarily aimed at serving the colonial
rulers intend of the natives. There were, however, some pieces of legislation which
protected the overall public interest through necessarily the not consumer
interest.Prominent among these were: the Indian Penal code, 1860, the sale of
Goods act, 1930, the dangerous drugs act, 1930 and the drugs and cosmetics act,
1940. In a sense, the sale of good act, and the principles of the law of torts were
more for the protection of the trader than the consumer.

MEANING
As the preamble of CPA 1986 reflect; this socio- economic Law was enacted to
provide for the better protection of the interest of consumers and for that purpose
the CPA 1986 seeks to provide speedy and simple redressal to consumer dispute.
In Charan Singh v. Healing Touch Hospital the Hon'ble Supreme Court has made
important observations on the object of the act.

DEFINITION
S.2(1)d of the act defined consumer as "Consumer" means any person who-
(i) Buys any goods for a consideration which has been paid or promised or partly
paid and party promised or under any system of deferred payment and includes
any user of such goods other than the person who buys such goods for
consideration paid or promised or partly paid or partly promised, or under any
system of deferred payment when person, but does not include with the approval
of self person, but does not include a person who obtains such goods for resale or
for any commercial purpose or
(ii) {Hires for avails of any services for a consideration which has been paid
promised or partly paid or partly promised or under any system of differed
payment and includes any beneficiary of such services other than the person. [hires
or avails of ] the services for consideration paid or promised or partly paid or
partly promised, under any system of differed payment, when such services are
availed or with the approval the first mentioned person.

OBJECTIVES
(a) To assist countries in achieving or maintaining adequate protection for their
population as consumers;
(b) To facilitate production and distribution patterns responsive to the needs and
desires of consumers;
(c) To encourage high levels of ethical conduct for those engaged in the
production and distribution of goods and services to consumers;
(d) To assist countries in curbing abusive business practices by all enterprises at
the national and international levels which adversely affect consumers; (e) To
facilitate the development of independent consumer groups;
(f) To further international cooperation in the field of consumer protection;
(g) To encourage the development of market conditions which provide consumers
with greater choice at lower prices.

FEATURES
Following are the features of the Act are:
1) The Act aims to provide better and all-round protection to consumers.
2) In terms of geographical application, it applies to the whole of India except the
State of Jammu and Kashmir.
3) It applies to all goods and services unless otherwise expressly notified by the
Central Government.
4) It is indeed a very unique and highly progressive piece of social welfare
legislation and is acclaimed as the magna carta of Indian consumers. The Act
has made the consumer movement really going and more powerful, broad-based
 and effective and people oriented. In fact, the Act and its Amendment in 1993
have brought fresh hopes to the beleaguered Indian consumer. This is the only
law which directly pertains to market place and seeks to redress complaints
arising from it. Even prior to 1986, there were in force a number of laws which
could be interpreted in favour of the consumers. But, this Act is most powerful
piece of legislation the consumer has had before 1986. Its provisions are very
comprehensive and highly efficacious.
In fact, it provides more effective protection to consumers than any corresponding
legislation in force even in countries which are considered to be much more
advanced.
5) It provides effective safeguards to the consumers against different types of
exploitation such as defective goods, unsatisfactory (or deficient) services and
unfair trade practices.

CONSUMER RIGHTS
Consumers in the advanced countries, obviously, are much more conscious of their
rights than in countries like India.
1. Right against exploitation by unfair trade practices.
2. Right to protection of health and safety from the goods and services the
consumers buy or are offered free.
3. Right to be informed of the quality and performance standards, ingredients of
the product, operational requirements, freshness or the product, possible adverse
side effects and other relevant facts concerning the product or service.
4. Right to be heard if there is any grievance or suggestions.
5. Right to get genuine grievances redressed.
6. Right to choose the best from a variety of offers.
7. Right to physical environment that will protect and enhance the quality of life.
 STRUCTURE OF CONSUMER
PROTECTION ACT
The Act envisages a three- tier quasi-judicial machinery at the National, State and
District levels.

 National Consumer Disputes Redressal Commission known as "National

Commission" deals with complaints involving costs and compensation higher
than Rs. One Crore.

 State Consumer Disputes Redressal Commissions – known as "State

Commission, deals with complaints involving costs and compensation higher
than Rs. Twenty Lakhs and less than Rs. One Crore.

 District Consumer Disputes Redressal Forums - known as "District Forum,

deals with complaints involving costs and compensation less than Rs. Twenty
Lakhs.
 CONTENTS OF CONSUMER
COMPLAINT
Procedures for filing complaints and seeking redressal are simple. There is no fee
for filing a complaint before the District Forum, the State Commission or the
National Commission. ( A stamp paper is also not required). Three to five copies
of the complaint on plain paper are required to be submitted by the complainant or
his authorized agent in person or could be sent by post to the appropriate Forum /
Commission.

A complaint should contain the following information:-

(a) The name, description and the address of the complainant.

(b) The name , description and address of the opposite party or parties, as the case
may be, as far as they can be ascertained3;
(c) The facts relating to complaint and when and where it arose;
(d) Documents, if any, in support of the allegations contained in the complaint.
(e) The relief which the complainant is seeking.

The complaint should be signed by the complainant or his authorized agent.

The complaint is to be filed within two years from the date on which cause of
action has arisen.
CONCLUSION:-
I can conclude that very few consumers Are fully aware about the rights,
responsibilities and Consumer Protection Act. Hence, it is necessary to educate
them on their rights and responsibilities as consumers, to make them vigilant,
rational and aware buyers. The government has been fruitful in providing
protection to the consumers in the real sense of the term and served the purpose of
the Act. It is hoped that further improvement in the act would aim at even more
efficiency and render the position of the consumers much stronger in this era of
globalization and privatization where the sudden unchecked advent of Multi
National Companies has to be balanced with the protection of the rights of the
consumers by the legislature and the judiciary.
 BIBLIOGRAPHY

• www.lexisnexis.com
• www.indiankanoon.com
• www.wikipedia.com
• Co-operative & rural markets S.Y BMS text book

• Law of torts By---- R. K. Bangia