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Consumer Is the King Under the Consumer Protection Law

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Consumer Is the King Under the Consumer Protection Law September - October - 2014 Odisha Review Consumer is the King Under the Consumer Protection Law Prof. Hrudaya Ballav Das The industrial revolution and the developments in to their health and safety and to make them international trade and commerce has led to vast available speedy redressal of their grievances. expansion of business and a free market With the advent of new millennium, due to steep economy, as a result a variety of consumer goods rise in competition for the sale of variety of goods appeared in the market to cater to the need of by the traders, in large number of cases, the the consumers. Similarly different types of services consumer was duped, cheated due to unfair trade are made available to the consumers from practices and deficiency in services rendered by insurance, transport, the service provider. It is also due to defect in the electricity, housing, quality, quantity and potency However the consumer should be entertainment, financial and of the goods. This has given vigilant to enforce his rights before the banking sectors. The way to enactment of redressal mechanism under the scheme advertisement of saleable Consumer Protection Act in of the Consumer Protection Act. goods and services both in 1986 to protect the right of print and electronic media, in the consumers which was hoardings at public places and more specially in drastically amended in 2002. The Act provides television has greatly influenced the demand for redressal machineries at District, State and various goods / services by the consumers. Even National level which are quasi-judicial bodies like though there may be manufacturing defects, any other tribunal to give cheap and readymade imperfections and short comings in the quality, consumer justice to the teeming millions of our quantity, potency, standard and the purity of the country at their door steps. goods or there may be deficiency in the services It is gratifying to note that the broad rendered to the consumers by the service objects of the legislation, based on United Nations providers there is always huge demand for the guidelines is designed to promote and protect the same by the consumers. In this backdrop, the rights of the consumers such as (a) the right to be United Nations indicated guidelines under which protected against marketing of goods which are member countries could make laws for better hazardous to life and property, (b) the right to be protection of the interest of the consumers and informed about the quality, quantity, potency, such laws are more necessary in developing purity, standard and price of goods to protect the countries to protect the consumer from hazards consumer against unfair trade practices, (c) the 45 Odisha Review September - October - 2014 right to be assured, whenever possible, access to process through which the consumers seek variety of goods at competitive prices, (d) the right redress, restitution and remedy for their to be heard and to be assured that consumer will dissatisfaction with the help of their organized receive due consideration at appropriate forums efforts and activities. (e) the right to seek redressal against unfair trade In fact consumerism today is an all practices or exploitation of consumer and (f) right pervasive term meaning nothing more than to consumer education. It is necessary to highlight people’s search for getting better goods and that Section 3 of the Act emphatically provides services for the consideration paid by them. this Act shall be in addition to and not in derogation Therefore, consumer is now the king and is in the of the provision of any other law for the time being center-state for any business, although some times in force. The provision of this Act gives the back he was a forgotten story in his relation with consumer an additional remedy besides those that a trader, manufacturer etc. So consumer’s may be available under other existing laws. During satisfaction will benefit not only business man but the post-independence era, even though various government and society as a whole. That is the legislative enactments have been made like Food reason as to why consumerism should not be Adulteration Act, Weights and Measures considered as consumer’s war against business (Enforcement) Act, Monopolies and Restrictive houses. It is rather collective consciousness on Trade practice Act now (Competition Act), Indian the part of the consumer, business community, Contract Act, the Sales of Goods Act and Indian Government and civil society to enhance Penal Code etc, for the protection of the interest consumer’s satisfaction and social welfare which of the consumers, against adulterated and sub- will in turn, benefit all of them and finally make standard products, the achievements in this regard the society a better place to live in. Therefore, are not encouraging and it only provided short- with a view to redress the grievances of the term relief to the consumers in individual cases consumers as well as to provide monetary relief, and it could not be able to safeguard the group by way of compensation, the Consumer interest where large number of consumers are Protection Act applies to all types of goods and affected. Therefore, it is felt imperative to protect service providers. In order to provide speedy and rights of consumers and to safeguard their interest simple redressal to consumer disputes, quasi- and to save them from adulterated, sub-standard judicial machinery has been set up at the District, goods and deficient services. State and Central level. These quasi-judicial In the context, it is necessary to highlight bodies observe the principles of natural justice the concept of “consumerism” which has now its and have been empowered to give relief of a firm roots in our country. There are various specific nature and wherever appropriate, components of consumerism. The first is self compensation to individual consumer or group of protection by the consumer and a consumer must consumers. In this regard, the Supreme Court in know his rights so as to raise his voice against many cases have observed that the provision of exploitation by unscrupulous traders and business the Act thus have to be construed in favour of the houses. Secondly he should seek redressal of his consumer to achieve the object of the enactment grievances before the consumer forum which is a which is a welfare-oriented legislation. The redressal mechanism available under the scheme Primary duty of the Consumer fora is to adopt a of Consumer Protection Act. Consumerism is a constructive approach while adjudicating a 46 September - October - 2014 Odisha Review dispute which would advance the object of manner as arrears of land revenue. In case an legislation and not defeat its purpose. interim order of the consumer Forum is not It is worthwhile to mention that the complied with U/S 13 (3-B), the property of the procedure adopted for settlement of such disputes person not complying with the order shall be are simple without much of procedural attached. It shall be in force for there months and technicalities and wrangling and guiding principles at the end of which if non-compliance continues, are natural justice, good conscience and fair play the property attached shall be sold in auction for and not the rigours of law. The aggrieved recovering of the dues. If a person does not consumer can file and place his case before the comply with the order of the Consumer Forum, Consumer Forum without the assistance of a he is punishable with imprisonment for a term lawyer. The procedure adopted by these quasi- which shall not be less than one month but which judicial bodies are summary in nature and as such may extend to there years or with fine which shall there will be no elaborate recording of evidence be not less than Rupees two thousand but which or examination and cross examinations of witness may extend to rupees ten thousand or with both. which are only permitted in some hard cases. The In actual practice, even though the Consumer Act provides for speedy, inexpensive justice to Forums have been armed with wide arrays of the aggrieved consumer and the reliefs awarded statutory powers for realization of the dues of the by and large are compensatory in nature. All said consumer and enforcement of its own order / and done, even though consumer movement has decree, so far as execution and implementation, taken deep root in our country and public at large it is at a very low pace. Therefore, the presiding have accepted Consumer Forum as an alternative officer of the forum should rise to the occasion to or supplement to the traditional law courts, it is a give effect to its own order in letter and spirit after disquieting feature that there is no separate judgment is pronounced which would go a long mechanism for the consumer courts to enforce way in protecting the interest and rights of the their orders. consumer creating confidence in the public mind about the efficacy of the justice delivery system. The orders given by the Consumer forums are to be executed by themselves. In the recent amendments-2002, a new procedure empowering the Consumer Forums have been inserted to issue a certificate, for the realization Prof. Hrudaya Ballav Das, Former Special Judge, C.B.I., Bhubaneswar and Prof. of Law, Lal Bahadur Shastri of amount of compensation dues to the Collector National Academy of Administration, Govt. of India, of the District, to recover the amount in the same Mussoorie. 47.
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