lawyer

Consumer laws and Consumer lawyers in India

Consumer rights are the rights given to a consumer to protect him/her from being cheated by salesman/manufacturer. Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace.

The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers.

For example, a government may require businesses to disclose detailed information about products particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of consumer rights (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace.

Consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing. Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in Competition law.

To provide simple, speedy and inexpensive redressal of consumer disputes, the CPA envisages a 3-tier quasi-judicial machinery at the National, State and District levels.

National Consumer Dispute Redressal Commission, known as National Commission, deals with complaints involving costs and compensation higher than Rs. One Crore.

State Consumer Dispute Redressal Commission, known as State Commission, deals with complaints involving costs and compensation higher than Rs. Twenty Lakh and less than Rs. One Crore.

known as District Forum, deals with complaints involving costs and compensation less than Rs. Twenty Lakh. Consumers can file different types of complaints depending on their specific grievance by visiting the Consumer Court at the district, state or national level along with the documents required for filing the complaint. Following is a list of documents that the prospective complainants need to carry with them to the Consumer Court at the time of filing the complaint

Consumer Protection Law In India. The growing interdependence of the world economy and international character of many business practices have contributed to the development of universal emphasis on consumer rights protection and promotion

Latest Judgments on Consumer laws:

# Supreme court Decisions on medical Negligence

National Consumer Disputes Redressal Commission (NCDRC)

Is the Highest court of appeal in matters related to Consumer Disputes in India, the presiding Judges in NCDRC are Retired Judges of The Supreme Court.

* For more info on National Commission Contact me at Ph no: 09650499965

In the pursuit of globalization, India has responded to opening up its economy, removing controls and resorting to liberalisation. The natural corollary of this is that the Indian market should be geared to face competition from within the country and outside. The Monopolies and Restrictive Trade Practices Act, 1969 has become obsolete in certain respects in the light of international economic developments relating more particularly to competition laws and there is a need to shift our focus from curbing monopolies to promoting fair competition. A broad definition of competition is a situation in the market in which firms or sellers independently strive for the buyers’ patronage in order to achieve a particular business objective. The law aims to promote healthy competition. It bans anti-competitive agreements between firms such as agreements to fix prices or to carve up markets, and it makes it illegal for businesses to abuse a dominant market position.

Medical profession is one of the most oldest professions of the world and is the most humanitarian one. There is no better service than to serve the suffering, wounded and the sick. Aryans embodied the rule that, Vidyo narayano harihi (which means doctors are equivalent to Lord Vishnu). Since long the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to medical negligence. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. When incidents like these began to rise,

The consumer protection in India is not a post modern thought, it has evolved through centuries. Its roots can be found in Manu Smiriti. Consumer Protection has had relevance since the existence of consumers in India. Manu smriti lays out a charter of ethics for sellers on how to sell consumer products to consumers. It also specifies the penalties that must be handed out to sellers who are unethical in their actions. Manu Smriti prohibits the mixing of one commodity with other. It also mandates proper disclosure of quantity and quality. In itself Manu Smriti does not focus on consumer protection but does show the concern of ancient society on consumerism matters.

Section 11 of the Consumer Protection Act states: (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 2 [carries on business or has a branch office or] personally works for gain, or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or 3 [carries on business or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or 4 [carry on business or have a branch office], or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.

Product liability and consumer protection laws both differ from country to country. But the basic reasoning behind this is to deal with the protection and safety of consumer, even if the damage is caused by consumer’s own negligence. The first general issue that arises from the product liability is that, what should be the criteria for this and what should be the limit to decide, that the defect in a product can harm any consumer

The sway of advertisements on consumer picking is incontrovertible. And it’s this information that makes it very important that advertisements be fair and truthful. Misleading and false advertisements are not just unscrupulous; they warp competition and of course, consumer choice. False and misleading advertisements in fact violate several basic rights of consumers: the right to information, the right to choice, the right to be protected against unsafe goods and services as well as unfair trade practices.

Our personal consumer choices have ecological, social, and spiritual consequences. It is time to re-examine some of our deeply held notions that underlie our lifestyles-David Suzuki Importance of Food: Food is an important part of religious observance and spiritual ritual for many faiths including Christianity, Judaism, Islam, Hinduism and Buddhism. The role of food in cultural practices and religious beliefs is complex and varies among individuals and communities

In our day to day life we become consumer through buying goods or services. In the era of science and technology globalization, urbanization and modernization developed rapidly, which resulted into vast competition in market. The traditional view of buying goods and particular services changed and many products, services, and professions came under widened scope of consumer law. As a consumer we have much concern about the money, choice, health and safety of the life. Market is always dominated by the sellers and their attitude towards consumer as weaker section. In last few years’ market is found to be influenced by the false, misleading advertisements or representations, bargaining, offering gifts, prizes, contests and hoardings attracting public for product or services.

The WTO Agreements containing special provisions give developing countries special rights and developed countries the possibility to treat developing countries in a more favoured way than other WTO Members. The provisions include, things like, longer time periods for implementing Agreements, commitments or measures to increase trading opportunities for developing countries. Such provisions are referred to as special and differential treatment provisions.

The year 1986 is a ‘Magna Carta’ in the history of Consumerism. It was this year that witnessed the enactment of the Consumer Protection Act. The first ever legislation in India of its kind which solely aimed at the grief staken consumers who the victims of the unfair trade practices and sub standard services rendered to them. The preamble to this Act reads as follows: An Act to provide for better protection of the interests of the consumers and to make provisions for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and fpr matter connected therewith. Thus the preamble to this Act makes the intention of the framers of this Act crystal clear.

Under the Weights and Measures (Packaged Commodities) Rules, all packed goods should carry certain essential information on the contents of the package, such as its weight or volume, the name and address of the manufacturer, the date of manufacture, and in case of food packages, the best before date and, of course, the maximum retail price (MRP). Under the Consumer Goods (Mandatory Printing of Cost of Production and Maximum Retail Price) Act, 2006, certain guidelines has been provided so that the consumer can not charged over to the maximum price printed on the goods by the manufacturer.

It would be in fitness of the fact to recall the greatest of Arab historians, Ibn Khaldun saying: That in civilization there is a limit that cannot be overstepped. When prosperity and luxury come to a people, they are followed by excessive consumption and extravagance, with which the human soul itself is undermined, both in its worldly well-being and in its spiritual life [1] particularly in context of globalization, liberalization and consumerism in India. This is what happening in India under the auspices of MNCs and trade policies of developed countries which are supposedly formulated to devour the third world consumer kingdom.

What Is Unethical Drug? The main objective of ethical criteria for medicinal drug promotion is to support and encourage the improvement of health care through the rational use of medicinal drugs. In this context the ethical criteria start from the validity of the drug itself: is the drug or combination of drugs rational. According to a World Health Organization (WHO) survey, 35% of the world's spurious drugs are produced in India, which has a Rs. 4,000-crore fake drugs market, the largest in the world.

It would not be an exaggeration to point out that the Consumer Protection Act, 1986, is one of the most important legislations that governs the life of every human being in his transactions with the society for availing goods and services provided by others. It not only comes into daily use but prevents the exploitation of common man, the consumer, at the hands of the affluent and moneyed business man or service provider. Hence any change or amendment whatsoever, in the Act directly affects the common people thereby needing a close scrutiny of the amendments thereto.

Consumer is the purpose and most powerful motivating force of production, yet at the same time consumer is equally vulnerable segment of the whole marketing system. Attempts have been made to guard the interest of the consumer. In 1986, Government of India enacted a comprehensive legislation-Consumer Protection Act, to safe guard the interest of the consumer. The Consumer Protection Act, 1986, applies to all goods and services, excluding goods for resale or for commercial purpose and services rendered free of charge and under a contract for personal service. The provisions of the Act are compensatory in nature. It covers public, private, joint and cooperative sectors.

The Consumer Protection (Amendment) Bill, 2001 was introduced in the Rajya Sabha on 26th April 2001. After certain amendments the Consumer Protection (Amendment) Bill, 2002 was passed by the Rajya Sabha at its sitting held on 11th March, 2002 and was referred to the Lok Sabha. At its sitting held on 30th July 2002, the Lok Sabha passed it with certain amendments. The Bill so passed was returned to the Rajya Sabha with those amendments for its consideration of them. The Bill could not be taken up for consideration on 6th August 2002, as the House stood adjourned that day without transaction of any business. The Bill may now be moved before the Rajya Sabha only during its next session.

Today, consumer is called the king of the market. He is at the centre stage of all market activities. It is constant endeavour of producers that the production of product must conform to the needs of consumer. In addition to the satisfaction of consumer, it also the endeavour of producer that their sale should be maximum. They, therefore try to increase their sales by all possible means. Some of the means adopted to increase sale are such as to serve both the producers and the consumers. On the other hand, some of the methods adopted to increase the sale are such as to sub serve the interest of producers but the same against the interest of consumer. In other words the consumers are exploited.

After 60 years of India’s independence the lives of commoners is far worse than under Britishers. The benefits of independence have reached only few, thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer’s expense, while more then 50 million are starving to death. The criminalization of politics, executive and judiciary is almost complete. The corruption has spread its tentacles far and wide, there is corruption from womb to tomb, from maternity hospital to grave yard. The injustices mated out, the atrocities perpetrated by public servants are worse than Britishers. The biggest confounding factor in the political environment of business is criminalization of politics: people with criminal backgrounds becoming politicians and elected representatives. Around 20% of the members of the current Lok Sabha have criminal cases pending against them. The charges in several of these cases are of heinous crimes such as murder, robbery, kidnapping, and not just violation of Section 144, or something similar.

In India, laws/rules that govern the arbitration process are laid down in Arbitration and Conciliation Act, 1996. But the act itself does not give any right to any party unless parties have entered into an arbitration agreement/contract for adjudication of dispute(s)/difference(s) by way of arbitration. Section 2(1) (b) of the act says that an arbitration agreement means an agreement referred to in section 7. Section 7(1) further states that an arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. The act does not prescribe any formal form for arbitration agreement. It says that “an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement” like any other agreement- Section 7(2). But an arbitration agreement shall be in writing - Section 7(3). Here the term “writing” has special meaning that has been clarified in sub-section 4 of section 7

The stance taken by Delhi High court against the Mid day journalists for allegations against ex-chief justice Y.K.Sabharwal had taken many by surprise ruffling the feathers of big brains of the country and small brained social observers alike. The media played its role well in accordance with the spirit of giving the right information at the right time. But coupled with the contempt proceedings initiated by the HC it has raised many questions in the intellectual circles as to what is of greater importance - the free judiciary or a free press. Should judiciary be left alone to freely execute its functions as enjoined by the Constitution and statutes emanating from it and to deal with malfunctioning on its own or the press should be given a free rein to criticize every action of state organs.

An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consum­ers' disputes and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows

In exercise of the powers conferred by Article 145 of the Constitution and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules further to amend the Su­preme Court Rules, 1966

Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should insist on the quality of the products as well as.

The moment a person comes into this would, he starts consum­ing. He needs clothes, milk, oil, soap, water, and many more things and these needs keep taking one form or the other all along his life. Thus we all are consumers in the literal sense of the term.