The concept of consumer movement in India dates
back to centuries, as there are references to protection of consumer interest
against exploitation by trade and industry in Kautilya’s Arthashastra. However, there was no organized and
systematic movement actually safeguarding the interest of consumers prior to the enactment of the
Consumer Protection Act. Even though
different parts of India had different levels of awareness about consumer
protection, it was felt that the level
of awareness of the consumer about his right was generally low. The problem became more acute with increase
in consumerism and opening up of the economy.
Important Milestone
One of the most important milestones in the area of
consumer protection in India is the enactment of Consumer Protection Act, 1986
and the Consumer Protection (Amendment) Act, 2002.
The Consumer Protection Act applies to all goods and
services and covers all persons and all sectors; private, public or cooperative.
The Act enshrines: Right to be protected against marketing goods
and providing services, which are hazardous to life and property; 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;
Right to be assured, wherever possible, access to a variety of goods and services
at competitive prices; Right to be heard and to be assured that consumers’
interests will receive due consideration at appropriate fora; Right to seek
redressal against unfair trade practices or unscrupulous exploitation of consumers;
and Right to consumer education.
Consumer Courts
To provide simple, speedy and inexpensive redressal to
consumer grievances under the Act, a 3-tier quasi-judicial machinery popularly
known as the consumer courts have been set up at national, state and district levels. The National Consumer Disputes Redressal Commission (NCDRC) referred
to as National Commission is the apex consumer redressal forum and is located
in New Delhi. Each state has a Consumer
Disputes Redressal Commission known as the State Commission.
The National Commission and the State Commissions can constitute a
bench with one or more members and can also hold circuit benches for deciding
consumer cases. Similarly, every district in the country has
a Consumer Dispute Redressal Forum known as the District Forum. There is a
nominal court fee required to be paid for filing a complaint before a District
Forum, the State Commission or the National Commission by an aggrieved consumer.
There is a provision for appeals in higher forums and an appeal against
the orders of the National Commission could be filed with Supreme Court within
a period of 30 days from the date of the order.
Awareness
There are at present 582 district forums at district
level, 35 State Commissions at State level and one National Commission in the
capital to render inexpensive and quick redressal to consumer grievances. Out of nearly 24 lakh cases filed before the
Consumer Disputes Redressal Agencies since inception, 84 per cent have been
disposed of. The success of consumer movement depends upon the level of
consumer awareness generated among the masses about their rights and
responsibilities. It has been observed
that where literacy rate is high and social awareness is better, the consumer
can not be easily exploited. Being a
nodal department for Consumer Protection, the Department of Consumer Affairs
has taken several steps to strengthen consumer movement in the country and
protect consumer interest by involving State Governments, Voluntary Consumer
Organisations, and Consumer Activists etc.
Consumer Protection in India received a shot in the arm
in recent times with the Department of Consumer Affairs, introducing new schemes
like setting up of Consumer Clubs in schools and the launching of Jagriti
Shivir Yojana for spreading consumer
awareness. The setting up of a National
Consumer Helpline in Delhi University, to be run by the students and faculty
with financial assistance from the Department
is a major step in this direction. It has a toll free number 1800-11-4000, which allows a consumer
anywhere in the country having a problem to ring up this number and get proper
advice. From its inception exactly two years ago till 31.1.2007, over 1 lakh
calls were received which shows its growing popularity.
Consumer -On Line
Another intervention of this kind is the “Consumer
Online Resource and Empowerment Centre (CORE Centre)” for providing consumer
related information, guidance and an online consumer complaint redressal
mechanism. It is being run by the Consumer Coordination Council (CCC), which is
a coalition of 51 consumer organizations of this country.
In order to promote e-governance, transparency, efficiency
and systematizing of working of consumer fora and also to provide time bound delivery of justice to consumers,
a project titled ‘Computerization & Computer Networking of Consumer Fora in the country i.e. “Confonet”
is being executed on a turnkey basis by the National Informatics Centre. This
project has been approved at an estimated cost of Rs. 49 crores for the entire
county during the last three years of the Tenth Plan. It will also provide
time bound delivery of justice to consumers. Out of 35 State Commissions and
607 District Fora, 33 State Commissions and 533 District Fora have been covered
under this project so far. Similarly, there is another scheme titled ‘Integrated
Project on Consumer Protection’ where financial assistance is being extended
to States/UTs to supplement their
efforts in strengthening infrastructure of the Consumer Fora. Till 28.02.2007,
funds to the tune of Rs. 27.30 crores have been released to 12 eligible States.
This is in addition to Rs. 61.80 crores already given to the States under
One Time Grant of 1995 & Rs. 10.20 crores under the One Time Grant of
2004-05.
Welfare of Consumers
The
country now has an exclusive special law to protect the interest of the
consumer with a foolproof redressal mechanism in case of defective goods and
unsatisfactory services. A number of
initiatives have been taken for the creation of consumer awareness through
various agencies. Hence the welfare of consumers now remains in their own
hands. If the consumers are
responsible, vigilant and are able to assert their rights and responsibilities,
resist/reject substandard goods/services wherever required and do not hesitate
to seek justice through consumer courts if needed, the manufacturers, traders
and service providers cannot afford to take them for granted while selling a
product or rendering service on payment or to adopt any unfair trade
practice. An alert consumer aware of
his rights and responsibilities not only can protect himself but can also make
consumer sovereignty a reality.
*Retired Indian Information
Service Officer
(Release ID :26247)