Saturday, October 27, 2018

Describe main provisions of Consumer Protection Act 1986. What more needs to be done in this regard.


Answer:
Salient features of consumer protection act are as follows:
Coverage of Items:
This Act is applicable on all the products and services, until or unless any product or service is especially debarred out of the scope of this Act by the Central Government.
Coverage of Sectors:
This Act is applicable to all the areas whether private, public or cooperative.
Compensatory Nature of Provisions:
Many Acts have been passed for the help of consumers. Consumers enjoy the benefits of these Acts but if a consumer wishes the Consumer Protection Act can provide extra help. As a result the nature of provisions of this Act is compensating for the loss or providing extra help. Consumer is totally free to enjoy the benefits provided in the Act.
Group of Consumer’s Rights:
This Act provides many rights to consumers. These rights are related to safety, information, choice, representation, redressal, education etc.
Effective Safeguards:
This Act provides safety to consumers regarding defective products, dissatisfactory services and unfair trade practices. So under the purview of this Act there is a provision to ban all those activities which can cause a risk for consumer.
Three-tier Grievances Redressal Machinery:
Consumer courts have been established so that the consumers can enjoy their rights. This Act presents Three- tier Grievances Redressal Machinery:
(i) At District Level-District Forum
(ii) At State Level -State Commission
(iii) At National Level – National Commission.
Time Bound Redressal:
A main feature of the Act is that under this, the cases are decided in a limited time of period.
Consumer Protection Council:
To favour consumer protection and to encourage consumer’s awareness there is a provision in this Act to establish Consumer Protection Councils.

Protection of Consumer through National/State Councils and District Forums:
The basic purpose of the above councils and forums is to listen to the complaints of the consum­ers and pass judgments on complaints.
The Organisations for this purpose are as under:
1. The Central Consumer Protection Council.
2. The State Consumer Protection Councils.
3. District Forums.
 The Central Consumer Protection Council:
 The State Consumer Protection Council:
Consumer Disputes Redressal Agencies:
Appeal to State Commission:
Any person aggrieved by an order of the District Forum has been given the right to appeal to the State Commission within a period of thirty days from the date of order.
Appeal to National Commission:
Second appeal is allowed before the National Commission within 30 days of order of State Commission but the National Commission can extend the period for appeal beyond 30 days.
Appeal to Supreme Court:
Third appeal is permitted to Supreme Court within 30 days of the order of National Commission.
What more needs to be done in this regard.
The judgments of the forums and commissions have encouraged the consumers to approach more frequently to these bodies.
Actually the protection cannot be by law alone but proper business culture and competition in the system is needed.
While in foreign countries suppliers replace the product without any question to maintain their reputation but Indian manufacturers try to find out all types of excuses.
In certain cases considerable punishment has been awarded but there is much to learn from foreign companies who withdraw their product if found defective even without complaint.
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