CHAPTER - VI

CONCLUSION AND SUGGESTIONS

6.1. Conclusion

The consumer is the forgotten man of the modern Indian economy. He

is the least organized and most centrifugal element in the circle of investment,

production, sale and consumption. He is generally taken for granted as one

who has no alternative then to buy, in order to live in the society. The

consumer has to face number of problems day in and day out. Some of these

problems are in the nature of unfair trade practices, misleading and deceptive

advertisement, offering gifts and prizes, promotional contests etc. Modern

technological developments have made a great impact on the quality,

availability and safety of goods and services. Due to the total helplessness of

the consumer in the corporate sector with its vast resources and control over

the media, it has been found necessary to devise new methods of regulation

and control. As a result plethora of legislations has been enacted to protect the

interest of consumers.

In fact, laws to control and punish businessmen indulging in

adulteration and short weights have existed in India since 400 BC. However,

there was no organized and systematic movement to safeguard the interest of

consumers. Various enactments were made by the Indian Government from

time to time to protect the interest of consumers in India during the pre and

post-Independence era. Under the enactments made before 1986, the

consumer had to initiate action by way of civil suit, which meant a time

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consuming and expensive legal process. Therefore, the need for a simple and

quicker access to redress consumer grievances was felt. Accordingly the

Consumer Protection Act, 1986 was enacted and amended in 2002. This is one

of the most important and beneficial legislations to protect the rights of

consumers and provides remedies in case of defective consumer goods or

deficiency in services. The important measures to empower consumers

are, right to information, education, representation and redressal.

Any legislation, directly or indirectly related to consumer protection, is

obliged to take due note of these rights. All these rights have been

incorporated under the CP Act 1986 to safeguard the interest of consumers.

The consumer has to be awakened to the task of making his or her own

movement a success. For this purpose, better testing, information and other

facilities have to be provided consumer literacy should be the main slogan

and this should lead to creating consumer power in order to stop exploitation.

According to consumer protection activist, Ralph Nader, “The fiber of a just

society in pursuit of happiness is a thinking active citizenry”. It is the extent of

participation and the sense of involvement of the people that will lead to real and

effective consumer movement. Consumer education should be an integral part of

the basic curriculum of the education system imparting sufficient knowledge

about health, nutrition, food adulteration, prevention of food bone diseases,

product hazards, labelling, weights and measures, prices and credit, and

conditions. Proper uses of media can be supportive in this regard. Presently the

most important areas of concern are food, clothing, shelter, health-care, drinking

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water, sanitation, education, energy and transportation.

Consumer protection has its roots in the rich soil of the civilization.

Human values and ethical practices were given great importance in ancient

India. The need for consumer protection is recognised by law makers in India

in ancient times itself. It was a very well realised that a consumer is prone to

exploitation on the part of the providers of goods and services. It is the duty

of every organisation to satisfy consumer by providing quality goods and

services at right place, time and right quantity at a fair price. For fifty five

years the Sale of Goods Act of 1930 was the main source of consumer

protection in India.

From the above the redressal agencies under the Consumer Protection

Act, 1986 clearly proves that the Act has played a key role by its

implementation that the interests of consumers are better protected then ever

before which is seen clearly from tabular columns. However, it should be

noted that it is not the legislation alone on which we can depend for

safeguarding the interest of consumer. Consumer activists and associations

are also equally needed to make consumer protection movement a success in

the country. There should more awareness, education, understanding, about

the rights and privileges on the part the consumers. Consumer Protection Act

1986 as amended upto date is a welcome initiative taken by the regulatory

agencies of India to protect the consumers from unscrupulous practices of the

tainted product and service providers.

The Consumer Protection Act, 1986, a milestone in the history of socio-

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economic legislation in India. Its implementation has now opened up a wide

scope for giving relief to the unprotected consumer in India. A unique three-

tier quasi-judicial redressal mechanism has been established under the Act to

offer quick and inexpensive justice to a vast number of consumers in the

country. Besides consumers and their organizations, even the state has been

given locus standi under this legislation to protect the consumers’ interests,

primarily against unscrupulous traders and businessmen, which is in itself a

revolutionary development. In addition, an endeavour has also been made by

the legislature in India, by way of incorporating suitable amendments, to keep

this legislation up to date. For instance, after its enactment in 1986, the Act has

already been amended thrice. It was first amended by the Consumer

Protection (Amendment) Act, 1991, second amended by the Consumer

Protection (Amendment) Act, 1993, and then third amended by the Consumer

Protection (Amendment) Act, 2002.

The consumer movement had gathered momentum in both developed

and developing countries though its presence was felt in the late seventeenth

century in America yet it had gathered strong foothold by the end of

nineteenth century. Similarly, France, Japan, Italy, Switzerland, Canada, and

other parts of Asian countries including India the phenomenon had created a

new wave. The growing interdependence of the world economy and

international characters of many business practices have contributed to the

development of universal emphasis on the need of consumer protection.

Numerous laws have been framed for the welfare of the people but this piece

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of legislation in the form of Consumer Protection Act, 1986 has been so

designed that it encompasses all kinds of goods and services to help the

consumer in getting what he had paid for.

The consumer movement is a recent phenomenon in India as compared

to other developed countries and this is why a statute for the protection of the

consumers was enacted here only in 1986. The necessity of such a statute was

being felt for a considerable time as the consumers were being exploited by

the manufacturers, dealers and traders as also by those offering services of

various types. The experience showed that ordinary law was not sufficient

for giving the required protection to the consumers. It was also felt that the

procedure being followed in ordinary Courts was cumbersome and time

consuming which the consumers could hardly afford. It was considered

necessary to give special protection to the consumers with a view to provide

them easy and speedy relief. It was with this end in view that the Parliament

passed a legislation which is known as the Consumer Protection Act, 1986.

The study has made an attempt to explore the myth that consumer

protection is a new phenomenon in India. A glance through the ancient history,

even though cursory, has clearly shown that just like the West, which traces the

seeds of consumer protection to the ancient Talmudic law, India too has

centuries old history of consumer considerations dating back as long as

5000 B.C. Thus the point that the present study has focused on consumer

movement in India, as it is making its headway in the 1990s, will be owing only

some of its origin to the West, where it had more fully developed in the early

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1960s, while Indian consumer protection jurisprudence itself is very old and

appears today as a unique jurisprudence. After examining the ancient period, the

present study has briefly highlighted the position of consumer protection during

the medieval times and during the British regime.

The emergence of the problem of consumer protection in India in the

post-independence period as well as the governmental response in the form

of successive legislative enactments has also been seen. In addition, it has

been shown throughout the study how even the public sector, like the private

corporate sector, has primarily been non responsive to the genuine needs of

the citizenry as late as 1990, when a large number of cases filed by consumers

and their organizations against the public sector have virtually compelled

them into increasing self regulation. Notwithstanding the presence of many

independent pieces of legislation on the subject, the average Indian consumer

has, till recently been a victim of exploitation.

The study has simultaneously shown the significance of the various

developments at the international level like the United Nations’ endeavours

by means of issuing Consumer Protection Guidelines and their impact on the

national governments. Besides this, it has been shown how factors like

emerging consumer voluntarism and judicial activism have cumulatively

played their part in compelling the government of India to enact a full –

fledged and comprehensive statute on consumer protection.

The study has focused on the redressal mechanisms established under

the 1986 Act and the initial problems encountered by the various state

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governments in the establishment of these mechanisms. With the help of the

case law, it has been shown that, notwithstanding the enactment of the

legislation in 1986, the redressal mechanisms could only be established in

1989. The establishment, composition, and the jurisdictional aspects and

powers and functions of National Commission, State Commission and District

Forum have shown steady progress in their achievements. However, yet they

need to proactive in redressing the affected consumers.

One of the major themes of the present study has been to discuss the

provisions of the Consumer Protection Act, 1986 itself, more particularly the

functioning of the redressal mechanisms established under this Act. The study

mainly concentrated on functioning of the Consumer Dispute Redressal Forum,

Bellary. The study mainly focused on total complaints filed, disposed and pending

before the forum till 30th April 2014, and how many complaints disposed in favour

of consumers and against the consumers? How many complaints disposed within

90 days, above 90 to 150 days and above 150 days? And also elaborately discussed

on various categories of complaints filed by the complainants.

Another core theme of the present study is the detailed discussion of

the findings of the forum in relation to defective of goods, deficiency in

service, unfair trade practice and restrictive trade practice. It also focused

attention on the consumer rights and remedies granted by District Consumer

Forum and also discussed various case laws of the CDRF, Bellary.

To find out the effective functioning of the Consumer Dispute

Redressal Forum the following research issues were raised.

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· Time factor regarding filing and disposal of complaints.

· Whether formalities for filing the complaints before the forum are lengthy

and complex?

· Whether consumers are aware about their rights?

· Whether separate redressal agencies which have been established for

consumer grievances are beneficial?

· Whether objectives of Consumer Protection Act, 1986 regarding speedy

justice and execution of the order have been achieved in practice?

The above issues were elaborately discussed in the study.

Regarding first issue is concerned time factor for filing complaints is not

enough. Many consumers, due to unaware about their rights and existence of

the District Consumer Forum. Time limitation may be expired when they

want to file the complaints.

Regarding second issue is concerned formalities for filing the

complaints before the forum is not lengthy and complex, even without the

assistance of the advocate any consumer can file the complaint and run the

cases independently.

Regarding third issue is concerned majority of the consumers are

unaware about their rights and they do not know about the existence of the

District Consumer Forum.

Regarding fourth issue is concerned separate redressal agencies which

have been established to redress the consumers’ grievances are very much

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beneficial to the consumers to get speedy justice and less formalities in

procedural aspects and meagre amount of payment of fee for filing the

complaints, these all made the redressal agencies are very much beneficiary to

consumers.

Regarding fifth issue is concerned one of the objectives of the Act

regarding speedy justice has not been achieved effectively in practice and

execution is concerned it has been effectively achieved in practice.

6.2. Suggestions

1. Government has to provide sufficient infrastructure facilities such as

suitable court room, office premises, and required administrative staff

for the smooth and effective functioning of the redressal agencies and

particularly the Bellary District Forum.

2. Publicity is given to the existence of the redressal machinery. Most of

the consumers don’t know that they have such Fora for redressing

grievances. Legal literacy must be propagated by the news papers and

other stronger media like Television, and Radio regularly and also by

publishing books and monographs on consumers’ rights. These

agencies should take up the task of enlightening and educating the

consumers.

3. The consumer should not be just satisfied, after he gets compensation.

He must publicise among his friends and if possible, in mass media. So

that the other sellers are cautioned and consumers are educated.

A well informed consumer is the foundation of healthy society.

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4. Government should adopt policies under which, if a product is found

to be seriously defective and constitute a substantial and severe hazard

even when properly used, manufacturers and distributors should recall

it and replace or modify it, or substitute another product for it, if it is

not possible to do this within a reasonable period of time, the

consumer should be adequately compensated.

5. Governments should regularly review legislation pertaining to weights

and measures and asses the adequacy of the machinery for its

enforcement.

6. Governments should encourage and assist the consumer organizations

and other interested groups, including the media, educational

institutes, cooperates and provides suitable system to implement

awareness programmes through organizations like Law Clubs, Law

Clinics, Legal Aid, NSS etc.

7. Consumer protection and consumer rights are going to be the order of

the day even in the future Indian society. Knowledge of consumer

rights available remedies and procedures needs to be incorporated in

to the minimum information content of the educational system at

school and college levels either by appropriate syllabus content or by

incorporating other learning methodologies like slide shows, short

film, live demonstrations, skit, debates, quiz, poster making, etc.,

So that the future generations will have better awareness of the rights

of consumers and of their obligations as producers of goods and

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 provider of services.

8. Bearing in mind the need to reach rural consumers and illiterate

consumers, Governments should develop or encourage the

development of consumer information programmes in the mass media.

9. Government should organize or encourage training programmes for

educators and mass media professionals to conduct consumer

educational programmes.

10. Information and other dispute resolving procedures should be made

available to consumers.

11. Consumer education should become an integral part of the basic

curriculum of the educational system, so consumer law should be kept

as a compulsory subject at graduate or post graduate level.

12. Consumer Forum should be established even at taluka places. Fora at

Taluka level will help the consumer to realize his rights as a consumer

in the interest of large number of rural poor. Fora at Taluka level will

ensure consumer justice delivery system to the poor, illiterate and

disadvantaged people.

13. The major concern in the functioning of consumer disputes redressal

agencies is in terms of non availability of the President at regular

timings. Regular, full time President and members need to be

appointed on regular basis for the efficient functioning of consumer

disputes redressal agencies and for prompt disposal of complaints.

14. Each redressal agency should have a well equipped library for

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 reference where consumers can get laws and other relevant materials.

15. Every college should have consumer cell to create awareness among

the consumers.

16. The whole world is moving on a fast track, paperless governance,

e-governance have become the order of the day. Therefore keeping in

tune with the technological advancements, the Act should not only

permit but also encourage e-filing of complaints in order avoid delay

and to bring in promptness.

17. Though the scheme of computerisation and computer networking of

consumer forum was launched, but the working of the district forum

has not improved. The District Forum is not able to take fall advantage

of computerisation and complete the networking. Adequate staff needs

to be sanctioned for manning the computers. The Members and other

staff of the forum should be imported training in computer literacy and

the operation of the software.

18. Government, Advocates, College Students and NGO’s should be arrange

seminars, workshops and involved in consumer awareness activities.

19. Government should appoint advocates to handle the complaints of the

consumers who need the assistance irrespective of their economical

status.

20. On technical grounds many complaints are being dismissed, it will cause great

hardship to consumers to seek redressal against their grievances. Rules

regarding technicalities for filing the complaints should be made liberal.

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21. Redressal Agencies should not consume more time for delivering the

judgment and should dispose the complaints within the time limitation

which has been prescribed under the Act.

22. Regarding jurisdiction is concerned the complaint should be allowed in

the forum where consumer resides or carries business. This option

should be added under the section 11 of the Act.

23. District Consumer Forum which has been situated in D.C. Office

premises Bellary is convenient far away from the Old Central Bus

Stand and New Central Bus Stand and also Railway Station to the

advocates and complainants to travel. But more complainants told that

Advocates are not available in this place to handle the complaints. It

causes inconvenient to the complainants to travel. So it may be shifted

to the premises of the District Court.

24. Government should release the fund to District Consumer Forums to

conduct consumer awareness programmes.

25. District Consumer Forums should conduct consumer awareness

programmes at least once in a month in rural and urban areas.

26. The provision of payment of fee for filing the complaints should not be

there. Then only it will be helpful to the consumers who are

economically backward to come forward for filing the complaints.

27. Time limitation for filing the complaints should be removed from the

Act. Since, many consumers are unaware about the time limitation i.e.,

2 years which has been prescribed under the Act. Sometimes they

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 cannot file the complaints within the time limitation due to

unawareness of the time limitation as well as existence of the District

Consumer Forum. If they file the complaint beyond the time limitation,

the complaint will be dismissed. It will cause great hardship to the

consumers who need to get justice and it also violates the rights of the

consumers to seek redressal against their grievances. It indirectly

avoids the consumers for filing the complaints against the

unscrupulous traders and producers of goods.

28. Consumers have to observe the following cautions while purchasing

the goods:

i) Every consumer ought to know his/her rights and responsibilities

of the seller.

ii) Consumers should be aware about the standard of weights and

measures while purchasing the products.

iii) Consumers should check date of manufacture and date of expiry

when buying goods. These are more important in case of

medicines, canned or tinned foods or packed drinks which are in

limited duration.

iv) Consumers must check all the warranties, guarantees and

instruction manuals are received by them along with the goods. If

seller fails to issue warranty and guarantee cards where these are

provided by the manufacturers, consumers should demand the

seller to issue warranty and guarantee cards.

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v) Consumers must demand the bill of purchase or cash memo and

must retain the same. This would serve as proof of purchase and

can be helpful in the event any defect in the product. Without

such evidence of purchase, it would be very difficult to impose

liability on the seller.

vi) Where sale is by description, consumer should check whether the

goods supplied by seller correspond to the description or claim

made by him in respect of its quality, quantity, measurement or

specification. If sale is by sample, the goods supplied should

correspond to the sample in quality and standards.

vii) Consumers must purchase goods from reputed and recognized

shops. One must be sure whether the seller has a right to sell the

goods and having a clear title over the goods. Consumer should

be aware about the spurious goods in the market and unfair trade

practices which are adopted by the sellers to attract the consumers

and making increase in the sale of goods.

viii) Consumers should not abuse the provisions of the Consumer

Protection Act, 1986. Under the Act, vexatious or frivolous

complaint is liable to be dismissed with costs.

ix) Consumers must prefer ISI marked goods. In case of food

commodities, insist on properly packaged and sealed foods

preferably with an ‘AGMARK’ certificate.

x) Consumers must demand the supply of goods at a reasonable

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price. In case of packed commodities where price has been fixed it

should not exceed the price shown on the packet.

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