Page 252 - DMGT306_MERCANTILE_LAWS_II

Unit 13: Consumer Protection Act

the Patents Act, 1970, the Hire Purchases Act, 1972 and the Prevention of Black Marketing and Notes
Maintenance of Supplies of Essential Commodities Act, 1980.
These legislations contained regulatory provisions and contravention of these provisions attracted
civil liability. This meant that an ordinary consumer had no other remedy but to initiate action
by way of a civil suit which involved lengthy legal process proving to be too expensive and time
consuming for lay consumers. In fact, at times, the time and cost involved in the legal process
was disproportionate to the compensation claimed and granted to an individual consumer.
Though the MRTP Commission proved to be far more accessible and less time-consuming than
the Civil Courts, its single central location at New Delhi did not make the redressal agency
accessible to all consumers, especially those located in the remote towns and villages of the
country. Therefore, it became necessary to evolve laws directed at protecting the consumers and
at the same time, providing for remedies which are simpler, more accessible, quicker and less
expensive.

This paved the way for enactment of the Consumer Protection Act in 1986 providing for simple,
quick and easy remedy to consumers under a three-tier quasi-judicial redressal agency at the
District, State and National levels. To make the Act more effective and meaningful, necessary
changes have been brought by Consumer Protection (Amendment) Act, 2002, which came into
force w.e.f. March 15, 2003.

Self Assessment

State whether the following statements are true or false:
1. A medical practitioner can be sued under Consumer Protection Act, 1986.

2. Consumer forums adjudicate disputes involving scale of pay.
3. Section 24 A of the Consumer Protection Act, 1986 provides a limit of two years within
which a complaint is required to be filed.
4. The government supplying water is meant to be performing a statutory function which
cannot be termed to be rendering of service.

5. Cancellation of flight on account of technical snag is a deficiency in service.
6. Central Government can make a complaint under CPA, 1986.

13.2 Objectivity and the Definitions of the Consumer Protection Act,
1986

The objectives of the CPA, 1986 are to provide for the basic rights of consumers that are sought
to be promoted and protected are:
 the right to be protected against marketing of goods and services which are hazardous to
life and property;
 the right to be informed about the quality, quantity, potency, purity, standard and price of
goods, or services so as to protect the consumer against unfair trade practices;
 the right to be assured, wherever possible, access to variety of goods and services at
competitive prices;
 the right to be heard and to be assured that consumers interests will receive due
consideration at appropriate forums;

LOVELY PROFESSIONAL UNIVERSITY 247