Consumer-protection-act-1986

A consumer is a person who utilizes economic goods. The moment a person is born he/she consumes, i.e. uses available goods or services. Under section 2d of the Consumer Protection Act, 1986, A "Consumer” means a person who-[hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person[but does not include a person who avails of such services for any commercial purpose]

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NUALS LAW JOURNAL

Before the consumer protection act 1986, consumers were responsible for protecting themselves from unfair trade practice but now the consumers need protection by law when goods and services fail to live up to their promises or indeed cause direct or indirect loss to the customers. The exclusionary part of Section 2 (1) (o) does not seems proper because in welfare state era, the state takes part in more and more social welfare activities and also renders services free of charge. Therefore, even the services provided by the State cannot be called free of cost as those services are provided out of the tax and revenue collected from the public at large, so State cannot be afforded the chance to be negligent and provide deficient services. Thus, the services provided by the State may be brought within the purview of the definition of service and this exclusionary party should only be made limited to the extent of free of cost services provided by private sectors.

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Journal of advance research in business, management and accounting

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International Journal for Research in Applied Science & Engineering Technology (IJRASET)

No person should be disregarded with the right to consumer protection .consumer protection act bought many changes in socioeconomic aspects in the life of people living in India in modern times.it also provides speedy remedy to the consumers. This act has been amended to enhance the power of providing remedy to the consumers. I. INTRODUCTION Consumer protection act was introduced in India in 1986.the main objective of this act is to provide better protection to the consumers. Not only India but many developing countries like Nepal, Thailand, Indonesia, Malaysia etc. Also provided its consumers with this act.it is a milestone to protect the interest of the consumers. II. CONSUMER RIGHTS These rights cover the sectors of public as well as private cooperatives. This act can provide with compensation only. The consumer should be informed about the quantity ,quality, purity, potency and price of goods or services so to protect the consumer against the trade practices which are not fare. Right to seek remedy against unfair trade practices, exploitation of consumer, right to be assured that the goods and services provided are at competitive prices. The consumer should also be provided with safety against any defective product, dissatisfactory services etc. Timely and effective administration and settlement of consumer disputes should also be provided.

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Consumerism today has become an international force. The nuance of consumer protection, fulfillment of consumer aspirations and satisfaction is now recognized as an integral component of each and every welfare oriented economic development process. It is now over a decade since the Consumer Protection Act, 1986 was passed after year of lobbying by the various consumer organizations. The redressal machinery, however, is not fully satisfactory. The number of cases pending in the district forums is piling high. Unless consumer groups take determined action to see that the institutions set up for their protection work effectively, the redressal agencies will go the way of civil courts, where litigants have to wait for years and spend fortunes for the settlements of their disputes.

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The Constitution prescribes certain Directive Principles of State Policy which are fundamental to the governance of the country. And it’s the duty of the state to strive for the welfare of its people by securing and protecting the interest of the society and individual in particular. The reference of protection and promotion of the individual rights and welfare in the Constitution of our country makes it also imperative to provide welfare to the consumers and client. The Consumer Protection movement in India began with the enactment of the Consumer Protection Act 1986. The objective of this act was to protect the rights of the consumers in the purchase of the goods and availing services. Consumer protection is not a new concept in India. It was written in our ancient texts as said by our honorable Prime Minister in his speech at the recently held international conference on consumer protection in New Delhi. A consumer can be cheated or exploited by the seller in many ways viz; by giving wrong or incomplete information about the product, by charging excess money, by providing low quality goods etc. These unfair trade practices can harm the consumers monetarily and can bring health hazards in many ways. The government has introduced many standards for checking of goods and services like the ISI mark, Halmark for jewellery, Silkmark for silk products and the RERA which is meant for safeguarding the consumers from malpractices in the real estate sector. The objective of the study is to explore the rights available to the consumers under the new Consumer Protection Act 2019. The study also aimed at finding the status of the consumer cases filed at various consumers forums and to make a comparative analysis of both the acts. The study is descriptive in nature

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Journal of International Commercial Law and Technology

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