CONSUMER PROTECTION IN INDIA
WHO OR WHAT IS A CONSUMER?
 A consumer is an entity which purchases goods  and services and  is engaged in evaluating, acquiring, and using them to satisfy his needs and wants. A consumer is a key figure in the market and all activities are carried on around this person.
Consumers today are informed and self-determined, critical and responsible (or they should be this way) . They are citizens, who express their ideas of a good and just life through their choices on the market. On the other hand consumers are helpless and trusting.
Consumer protection is important because consumers in any modern market economy often experience information asymmetry and a significant imbalance of bargaining power as compared to producers and sellers of products and services.
In competitive markets, producers and sellers must gain new sales, new clientele by satisfying consumer needs through increasing the range of choices available, since if consumers dislike the offerings of one producer/seller, they might turn to others. This is because the availability of substitutable goods at acceptable prices in competitive markets enables consumers to shift purchases, which pushes each producer/seller to try to meet consumer preferences.
However, producers/sellers may not always act competitively and very often would resort to unfair means, for example offering low-quality products at lower prices or misleading the consumers to believe that the products offered are of good quality. As a result, consumer interests are affected. Not only consumers do not receive a fair value for their money, their health and safety could also be adversely affected by the unsafe or defective products and services.
Hence the need for interventions, either by governmental consumer protection agencies, consumer associations or organizations, or any other relevant stakeholders, in accordance with rules and regulations laid down to protect the legitimate interests of consumers.
According to the Consumer Protection Act (Section 2d) a consumer is any person
(i)                  buys any goods for a consideration which has been paid or promised or partly paid and partly promised, (buying on credit- esp regular  basis) 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 such use is made with the approv­al of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii)                 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
Let us try to understand the meaning of these provisions:
The person who claims to be the consumer should be satisfied that THE GOODS HAVE BEEN BOUGHT FOR A CONSIDERATION. It should be the outcome of a contract between the buyer and the seller
The word goods here is as per Sale of Goods Act and the words consideration, buyer and seller is as per Indian Contract Act.
 A person who uses the goods with the approval of the buyer is the consumer. Here the Act indicates that the buyer’s family friends and associates using the product would also fall under the purview of the term consumer.
THERE IS ONE EXCEPTION TO THE ABOVE. IF THE GOODS ARE USED FOR RESALE OR COMMERCIAL PURPOSE THEN THE PERSON USING THE GOODS WILL NOT BE THE CONSUMER EVEN IF THE GOODS HAVE BEEN BOUGHT BY THE BUYER PERSONALLY
 “Commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his liveli­hood, by means of self-employment.
On the other hand if the goods are bought for the purpose of self employment, even then the buyer is the consumer. Such purchase satisfy the following criteria :
       -   the goods are used by the buyer himself;
       -   exclusively for the purpose of earning his livelihood;
       -   by means of self-employment,
then such use would not be termed as use for commercial purposes under the Act, and the user is recognised as a consumer.
The above applies for the consumption of goods while the consumer of services applies where
a.       services are hired or availed of
b.       the services are hired or availed for a consideration
c.        payment for hiring the service is fully or partly paid
d.       the services may be hired for self or for any other person
A PERSON IS NOT A CONSUMER IF THERE IS NO CONSIDERATION FOR THE SERVICE HIRED

The issues relating to consumer welfare affects the entire 1.17 billion people since everyone is a consumer in one way or the other. Ensuring consumer welfare is the responsibility of the government. Accepting this, policies have been framed and the Consumer Protection Act, 1986, was introduced. A separate Department of Consumer Affairs was also created in the Central and State Governments to exclusively focus on ensuring the rights of consumers as enshrined in the Act. This Act has been regarded as the most progressive, comprehensive and unique piece of legislation. In the last international conference on consumer protection held in Malaysia in 1997, the Indian Consumer Protection Act was described as one “which has set in motion a revolution in the fields of consumer rights, the parallel of which has not been seen anywhere else in the world.”
The special feature of this Act is to provide speedy and inexpensive redressal to the grievance of the consumer and provide him relief of a specific nature and award compensation wherever appropriate. The aim of the Act is also to ensure the rights of the consumer, viz. the right of choice, safety, information, redressal, public hearing and consumer education.
The Act defines the consumer as one who purchases goods and services for his/her use. The user of such goods and service with the permission of the buyer is also a consumer. However, a person is not a consumer if he purchases goods and services for resale purpose.
An average Indian consumer is noted for his patience and tolerance. Perhaps because of these two traditional traits and due to the influence of the Mahabharata, the Ramayana and the Bhagavad Gita, he considers the receipt of defective goods and services as an act of fate or unfavourable planetary position in his horoscope.When a new television or refrigerator purchased by him turns out to be defective from day one, he takes it reticently, blaming it on his fate or as the consequence of the wrongs committed by him in his previous birth. Very often he is exploited, put to avoidable inconveniences and suffers financial loss. It is rather paradoxical that the customer is advertised as the “king” by the seller and service provider, but in actual practice treated as a slave or servant. Goods are purchased by him along with the label “Items once sold by us will never be received back under any circumstances whatsoever.”
Every consumer in his own interest has to realize his role and importance in the right perspective. Each citizen in a democracy derives his power at the time of elections and exercises it through the ballot. In a competitive economic environment the consumer has to exercise his choice either in favour of or against the goods and services. His choice is going to be vital and final. He should realize his importance and prepare himself to exercise his rights with responsibility. It is very often stated “Customer is sovereign and consumer is the King.” If that is really so, why do we have the Consumer Protection Act? Why is there a need for protecting the King? Should it not be rightly called “Consumer Sovereignty Act”? It is for the consumers to decide. After all the dictum in democracy is, the citizens get a government they deserve. Similarly the consumers in society get a position in the market depending upon what they do or do not do. It is agreed on all hands that “consumer empowerment” in India has a long way to go.

 Problems faced by Consumers in the Market

In modern times, a lot of efforts have made to protect the interest of consumer by government and non-government organization.In spite of this, the exploitation of consumers has not come to an end, and they are being be fooled by business interests at all levels.It must be remembered that their exploitation will not come to an end unless they themselves come forward to protect and promote their own interest.
The various problems faced by the consumers in the Market are as follows:
problems faced by the consumers in the Market
1. Lack of Information
Very often consumers do not get proper and timely information. The information may be about the arrival of new product or service, availability of a product; Changes in the existing product, etc. In the absence of information consumers may not be able to make proper decisions of purchasing product or services.
2. Malpractices by Suppliers
Malpractices by suppliers create serious problems for consumers. Suppliers engaged in antisocial activities like black marketing, hoarding, profiteering, etc. Spoil the relations between the buyer and sellers.
3. Irregular Supply
Consumer faces the problem of irregular supply. Especially in case of necessities unsystematic supplies create serious shortages. Many times the irregularities are deliberate and exploitative, caused by hoarding and black marketing.
4. Not Heard Properly
Consumers often feel that they are not heard properly. Their complaints, grievances and doubts are not carefully attended to and not promptly redressed or clarified by suppliers of goods and providers of services.
5. Wrong Weight & Measures
Consumers in this world are cheated by traders and others with false weight and Measures. The customers are cheated with false weights and measures in an unorganized market. Even in the organized markets such as shopping malls, customers are cheated with wrong weights pasted on the packets.
6. Poor after-Sale-Service
Consumer in this world, after sale service is very poor. Even the Multinational corporations in this world do not provide effective after-sale-service in the case of office equipment, and consumer durables. Customers have to give constant reminders for after-sale-service. At many times, customers have to get the equipment repaired or serviced by third party even during the service contract period due to poor after-sale-service.
7. Problem of Duplicate Goods
Consumer in this world, the customers face a major problem of duplicate goods. Unethical producers duplicate popular brand names, and thereby customers get cheated. Even products like medicines are duplicated by illegal producers.
8. Problem of Delivery of Goods
Customers also face the problem of delivery of goods. There are cases, where customers have to book in advance certain products, and they are promised a specific delivery date. However, in spite of repeated reminders, they do not get delivery of goods on time.
9. Unethical Advertising
Many businessmen resort to unethical practices in advertising. They make fall claims about the benefits of the product. They do not disclose true information. Consumers fall prey for such practices and get cheated.
10. No proper Return for Money
Many a time consumer feels that they do not get proper returns for the price they have paid to buy the products. This may be due to inferior quality, less durability, adulteration, unsatisfactory packing, etc.
11. Health & Safety Hazards
Many a time customers face problems of health hazards when they buy goods in the shops. For instance, shopkeepers sell products even after the expiry date; fruit vendors use chemicals to ripen the fruits faster; manufacturers use inferior quality of materials to keep the prices low; and so on.
12. Poor Quality of Sales Personnel
Many times customers find that the sales personnel cannot give proper information about the products because they are not given appropriate training by their employers. Sometimes such persons exaggerate the merits of the products and force the customers to buy products, which may not be needed by the customers


 

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