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Unit 16: The Consumer Protection Act

of supplies in the market relating to goods or services in such a manner as to impose on the Notes

consumers unjustified costs or restrictions and shall include:
1. delay beyond the period agreed to by a trader in supply of such goods or in providing the
services which has led or is likely to lead to rise in the price.

2. any trade practice which requires a consumer to buy, hire or avail of any goods or, as the
case may be, services as condition precedent to buying, hiring or availing of other goods or
services;

Task S booked a motor vehicle through one of the dealers. He was informed
subsequently that the procedure for purchasing the motor vehicle had changed and was
called upon to make further payment to continue the booking before delivery. On being
aggrieved, S filed a complaint with the State Commission. Would he succeed?

[Hint: S would not succeed, as he is not a consumer. The sale transaction has not taken place
so far. Therefore there is no question of any defect in the goods. In case it is alleged that the
dealer is indulging in any unfair trade practice and that S has suffered some loss or damage
as a result thereof, then S has to prove all these before his petition can be entertained.]

16.2 Rights of Consumers

For the first time in the history of consumer legislation in India, the Consumer Protection Act,

1986 extended a statutory recognition to the rights of consumers. Sec.6 of the Act recognizes the
following six rights of consumers:
1. Right to safety, i.e., the right to be protected against the marketing of goods and services
which are hazardous to life and property.
2. Right to be informed, i.e., the right to be informed about the quality, quantity, potency,
purity, standard and price of goods or services, as the case may be, so as to protect the
consumer against unfair trade practices.
3. Right to choose: It means right to be assured, wherever possible, access to a variety of
goods and services at competitive prices. In case of monopolies, say, railways, telephones,
etc., it means right to be assured of satisfactory quality and service at a fair price.
4. Right to be heard, i.e., the consumers’ interests will receive due consideration at appropriate
forums. It also includes right to be represented in various forums formed to consider the
consumers’ welfare.
5. Right to seek redressal: It means the right to seek redressal against unfair practices or
restrictive trade practices or unscrupulous exploitation of consumers. It also includes right
to fair settlement of the genuine grievances of the consumers.
6. Right to consumer education: It means the right to acquire the knowledge and skill to be an
informed consumer.

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