Ministry of Consumer Affairs, Food & Public Distribution20-March, 2007 17:14 IST
Consumers - Their Rights and Remedies

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)