How a consumer is protected under the consumer protection act of 1986?

In 1986, the consumer protection act bill was forwarded in the Lok Sabha by Mr. H.K.L Bhagat. The main aim of the bill was to make provisions for the establishment of consumer protection councils at the districts, states and national levels. But, in order, to get benefited with this act, as a consumer, you first need to understand who a consumer is.

Who is a consumer?

Generally, when you purchase something you become a buyer or a consumer. But, according to the consumer protection act, you can only be termed a consumer when you buy goods or services for the purpose of consumption. It is important to mention here, that, if you purchase any goods or services for resale you cannot be termed a consumer. For the sake of your understanding let us consider an example. Suppose, if you purchase a four wheeler motor car for doing some businesses like sending children to school and in turn charge some monthly fees for giving the service then you will not be turned as a consumer. Why? Because you have purchased the motor car for doing business. In contrast to this, if you purchase the four wheeler motor car for your self use or for your family and not for doing any business then you will legally be termed a consumer.

Aims of consumer protection act

In India, the consumer protection act of 1986 was passed to protect the interest of consumers throughout the country. Here, I am going to discuss some of the main aims of the consumer protection act of 1986.

Formation of consumer protection councils at the district, state and national levels. These bodies will carry out the function of protecting consumer rights.

Besides, there are other rights which are conserved for the consumers. For instance, stopping the sale of those products and services which are harmful to the life, health and property of the consumers in general.

To protect and raise awareness among consumers against any kind of fraud and malpractice during the purchase of any goods and services.

To raise awareness among the consumers about their health benefits available from the consumption of different kinds of goods and services.

To educate the consumers about the consumer protection act and consumer protection methods. This education will help the consumers in such a way so that they are not cheated by the different kinds of sellers in the market.

To establish courts of justice (Quasi-judicial) institutes at district, state and national levels. If any seller breaks the laws and does not adhere to the laws of the court then he/she will be prosecuted and punished under the law.

Meaning of service

While discussing about consumer protection act the term service has been used in this article from time to time. Question might rise in your mind regarding what does services mean here? Let me explain this to you for your better understanding on the subject of this topic. Very often, you spend some money and buy things which are not visible to your eyes. For example, when you visit a restaurant and take lunch or dinner, you not only pay for the food but also the service tax. Now, suppose if a chair breaks and you fall down and hurt yourself. You can take the help of the consumer protection act and lodge a complaint or case against that particular restaurant. Why? It's because you paid the restaurant for better services but you are not provided with quality service. The amount of the money spent by you for better services could be a small or big as the case may be. It is worthwhile to mention here that some of the other places where you spend money for services are banks, financial centers, rented homes, insurance companies, entertainment and relaxation centers etc.

Basis of complaints

Now, let us consider the points on the basis of which you can lodge a complaint under the consumer protection act of 1986.

If you are affected with unfair trade practices. Unfair trade practices include fraudulent, misleading and dishonorable trade practices which are not allowed by the common law.

The products purchased by you has one or more than one defects. You, as a buyer, have the right to expect that the product purchased by you, complies with what you have been promised by the seller of the product during the time of the purchase. The seller is the one who is responsible for a defective product.

If you get deprived from the services of any products. You pay for the services of a product and if you are deprived from the services of a product after its purchase then you can lodge a complaint.

If you are charged more than the actual price of the products. Generally, the price of a product is fixed and in any given case if you are overcharged for a particular product then you can lodge a complaint under the consumer protection act.

List of consumer dispute redressal agencies

Here are the list of some of the consumer protection councils which carries out its functions of consumer rights.

District forums

District forums are established in the districts of different states to carry out the work of protecting consumer rights under the state government. It is headed by someone who is eligible to be appointed as a district judge. Between the other two members of the district forum one has be a woman.

State commission

State commissions are established in every states as per the instruction of the central government to solve consumer disputes. A person who is the judge of a high court heads the state commission.

National commission

The state government with the permission of the central government carries out the work of solving consumer disputes and complaints. A currently working or a retired judge of the supreme court heads the national commission. It provides speedy resolutions to consumer disputes.

In conclusion

This is how a consumer is protected under the consumer protection act. You, as a consumer, need to be aware about this act. In case of any dispute or problem you can raise your voice under the concerned authorities or bodies and aspect fair judgment. This act is made for consumer protection and redressal from unfair trade and practices, fraudulent, malpractice etc. So arise today and be alert and if you face any such problems take the necessary steps for its redressal.