Dr.

Ram Manohar Lohiya National Law University,

Lucknow

Consumer Protection Law

Problems and challenges in implementation of

consumer protection act

Submitted To: Submitted By:

Dr. Amandeep Singh, Shashwat Singh
Asst. Professor, Roll No 136,
Law, Section B
Dr. RMLNLU Dr. RMLNLU

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 INTRODUCTION
There is a story of ancient India in children's literature. There was a King who was very kind
hearted and would always think of peculiar ways and means to help the common people.
Once, he thought of an idea of creating a pond of milk which can be used by his subjects. So,
he announced that the royal pond near his palace should be converted into a pond of milk
within one night. The milkman of the state may contribute just one bucket of milk each which
should be sufficient enough to create a pond of milk overnight. The appointed day arrived.
The milkmen were asked to bring one bucket of milk and fill the pond. It was a very dark
night. One after one, all the milkman came and poured milk into the pond. The King along
with his ministers and other officials visited the pond next morning for inspection. But to
their utter surprise, all of them saw that the pond is full of water. There was no trace of milk
there. It was not difficult to suggest that each milkman thought that while all others are
bringing milk, it would not be detected that he has brought only water. The problem was all
of them thought in the same manner which resulted in the fiasco.
The story tells many significant facets of our public life. But so far as the notion of consumer
awareness is concerned, it teaches us a very important dictum, i.e. ‘everybody's business is
nobody's business’. We, one and all, are consumers in numerous ways. We are supposed to
use or consume the purchased items or services. Of course, a shopkeeper who is engaged in
buying and selling of goods and products is not a consumer of those items. But he is a
consumer in terms of electricity and water in his establishment. There are numerous issues-
micro to macro-which is related to the consumer discourse.
Consumer activities and practices are as old as human civilization. Even during the barter
system, some kind of consumer activities was prevalent in ancient societies. In ancient India,
consumer rights and consumer protection related references are found in a number of writings
and records. Kautilya’s monumental treatise on state- craft 'Arthashastra’ dealt with the
subject of consumer awareness and protection of his interests. It cautions the people against
the exploitation of the consumers by traders and commercial establishments. It made a
painted reference to the corrupt practices like faulty weights and inaccurate measures. It
strongly disapproves of adulteration in essential items like food and oil and prescribes
punishments for such unfair trade practices. Throughout the Middle Ages and during the
colonial regime, consumer awareness in India remained very low. During the freedom struggle,
with the help of agitation programmes like boycott of the British and other foreign goods,
Swadeshi, Khadi movements etc. rudimentary forms of consumer awareness and

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consumer protection movement originated in India.
1.1 Consumer Protection Movement
Consumerism is a movement that promotes the interests of buyers of goods and services. Its
main aim is to protect the consumer from unsafe or low quality of products, fraudulent
advertising, labeling, packing and business practices that limits competition. It promotes
adequate information about the products. So that consumer can take right decision in
purchasing goods and services. It also tries to inform consumers of the effective means of
getting compensation for damage or inconvenient caused by defective products and services.
Due to increasing the modern standards of life style, it brings various consumer distresses
like the lapses in the services offered by various utilities the air lines, railways,
telecommunications, electricity board, nursing homes etc.
It is the wholesalers and middlemen who indulge in illegal activities like dumping of goods to
create artificial scarcity and raise the prices of commodities which will increase their profits.
So, consumerism is a national problem affecting every section of the society such as men and
women, young or old and youth or child. Hence, consumer protection is a form of social
action which will be designed to achieve the well being of the one or group within a society.
There is a need to extend consumerism in India. It encompasses the set of activities of
government business enterprise and independent consumer organizations that are designed to
protect the rights and interests of consumers.
1.2 Consumer Protection
India is a big country where a majority of consumers are poor, helpless and disorganized. It is
very important to protect their interests, rights and privileges to the general welfare of the
people, which are the major goals of any modern society. Therefore, consumer protection
rights can be achieved through legislation in the developing countries like India. Consumer
protection is a group of laws and organizations designed to ensure the rights of consumers as
well as fair trade, competition and accurate 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. Consumer often buy goods and services without looking into
the aspect of price and quality sometimes it also happens because of the attractive price the
quality is ignored. Here, the consumer has no voice in the product which is made for his
consumption. So, a consumer naturally demands the existence of fair trade practices which
will ensure physical safety when he uses the product. Likewise, fair trade practices will bring
him to get the real value for his/ her money and also there were abuses in goods, short weight
and quantity, quality, adulteration, food grains, edible oils, flour and powders, medicines,

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chemicals, petroleum products, cements, fertilizers and cooking gas, bus fare and maxicab/
taxifare etc.
It is very difficult to effectively organize consumers because of the backwardness of people
which is another hurdle to consumer organization. A majority of the population is illiterate
and ignorance especially amongst women, poverty, lack of education, lack of awareness
about rights and privileges, lack of information adds to the woes. That is why consumers
easily get exploited by trade industry and service providers. Due to globalization, the
consumers participate in global market and there is increasing competition in the Indian
market. Both producers and consumers are responsible for some global problems like
pollution and solid waste. The processes of production on the one hand, the manner and
extent of consumption on the other hand generate or aggravate environmental problems. In
order to prevent this exploitation, we need a well organized consumerism or consumer
movement with the help of government support and patronage in the form of special
legislation.
1.3 Consumer Buying Behavior- Initiation of Consumer Problems
Consumer behavior is the study of how individual customers, groups or organizations select,
buy, use, and dispose ideas, goods, and services to satisfy their needs and wants. It refers to
the actions of the consumers in the marketplace and the underlying motives for those actions.
In consumer behavior literature, the consumer purchase process can be viewed with respect to
two important constituents i.e. the buyer characteristics and the buying decision process. The
buyer characteristics usually covers external and internal influences like socio- cultural,
reference group orientation, social class and family on one hand and psychological processes
like learning, perception, motivation, personality and attitude on the other. Information
available to the buyer as well as situational factors has also been identified as determinants of
buyer behavior.
The buyer decision process itself has been described variously as more or less consisting of
following stages of problem recognition; information search; alternative evaluation; purchase
decision; and post purchase behavior. Satisfaction level of consumer depends upon the level
of involvement in purchase decision making. Positive consumer behavior leads to a purchase
decision. A consumer may take the decision of buying a product on the basis of different
buying motives.
If consumers rationally follow the process of purchase then chances of their exploitation and
cheating are less. But the Indian consumers many times ignore the importance of purchase
decision process resulting in dissatisfied consumers. Indian consumer is conservative in the

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sense that he does not easily give up their habits and sentiments. An Indian consumer won’t
throw anything just for the sake of change. For their better protection, the consumers can
change the attitude of business by their own attitude. All the consumers which are part of
common social group must imbibe the basic culture of enquiring one another as to the brand
and quality of products being used and offer suggestions, clues and helpful pieces of useful
information which can protect them from frauds and fake products besides guaranteeing
product worthiness and cost effectiveness.
1.4 Awareness Avenues for Consumers during Purchasing
The consumer deserves to get what he pays for in real quantity and true quality. In every,
society, consumer remains the center of gravity of all business and industrial activity. He
needs protection from the manufacturer, producer, supplier, wholesaler and retailer. The
Caveat Emptor- 'Let the Buyer Beware' doctrine of the law concerning the sale of goods,
assumed that the consumer was responsible for protecting himself and would do so by
applying his intelligence and experience in negotiating the terms of any purchase. Consumers
are the best judges of whether or not they receive full value from the goods they purchase and
that the buyers should bear the consequences of their own decisions.
In early times, the consumer may able to protect himself since products were less
sophisticated and could be inspected before purchase. But now the conditions have changed.
Many modern goods are technological mysteries. The consumer knows little or nothing about
these highly sophisticated goods. In real life, products are complex and of great variety and
consumers and retailers have imperfect knowledge.
A consumer can keep in mind the following responsibilities while purchasing, using and
consuming goods and services.
1. The consumer must demand bill of purchase, check the bill after buying and preserve this
bill of connected purchase/ payment.
2. The consumer must check the illegal fixation of price stickers on originally printed prices.
3. The consumer must read the information and instructions on the product label. Learn
about the risks associated with products and services, follow manufacturer's instructions
and use the products safely.
4. The consumer must read or ask the Warranty/ Guarantee conditions of the product and get
the Warranty/ Guarantee Card filled and preserve it.
5. The consumer must check the maximum retail price and compare the actual price paid
with maximum retail price.
6. The consumer must compare the price paid with the price offered by other competitors.

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7. The consumer must know the local tax added to your product and ask the seller to specify
the government rate of local tax on your product.
8. The consumer must check the date of manufacturing and the date of expiry.
9. The consumer must check the quality of the product and know about the various quality
marks like ISI, AGMARK, FPO, Bromark, Ecomark, Veg./ Non. Veg. Mark, Woolmark,
ISO, Trademark, Registered, BIS, AYUSH, Silkmark etc.
10. The consumer must consider Adulteration before buying Food products.
11. The consumer must compare one product with other product and develop the habit of
visiting more than one shop before purchase.
12. The consumer must request the seller for actual demonstration.
13. The consumer must check the weights and measures.
14. The consumer must return the product to seller if found defected within few days of
purchase.
15. The consumer must rationally evaluate the advice of seller regarding the quality of
product to be purchased.
16. The consumer must check the seal and packing material of product for assuring the
genuineness of brand.
17. The consumer must take delivery of the goods in time.
18. The consumer must choose only from legal goods and services and discourage
unscrupulous practices like black-marketing, hoarding etc.
19. The consumer must file a complaint in an appropriate consumer forum in case of a
shortcoming in the quality of goods purchased or services availed. Do not fail to take an
action even when the amount involved is small.
In other words, it can also be said that it is not the duty of the seller to point out the defects of
his products. If in any case goods do not match with his requirement or purpose, then seller
cannot be blamed for this. He will not be responsible for any compensation.
1.5 Problem Areas of Consumer Purchases
Consumers in India and perhaps in other developing countries too face a wide range of
problems in their day-to-day dealings with traders and various organizations, engaged in
providing goods and services. These problems may be the result of scarcity, varying incomes,
product development, environmental changes or social structure. The consumers face
problems in markets, banks, government and private offices, hospitals, schools, public
distribution agencies and while availing other services. While profit motive in any business in
not a crime and essential as an incentive for survival and growth of the business, profiteering

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through illegal means and objectionable malpractices are considered as unfair business
practices. The protection of consumers depends upon their consciousness towards these
problems. Consumer need to be aware about these practices and be cautious about them in
their purchasing hours. The common problems prevailing in the markets are:
1. Sub standard goods and adulterated goods available in the markets
2. Old and damaged goods sold in the markets
3. High price or over charging by the seller/ manufacturer
4. Improper packaging & labeling to misguide the consumers
5. Lack of proper response of the salesman to provide information and using sales gimmicks
6. Limited choice of goods to limit competition
7. Non availability of product to create artificial scarcity
8. Faulty weights and measures to cheat consumers
9. Misleading advertisements providing factless information
10. Poor after sales services
11. Unfair warranty/ guarantee such as not repairing/ non replacement of defective product etc.
12. Malpractices/ unfair trade practices such as hoarding, black marketing/ tie up sales/ force
Selling etc.
13. Discrimination such as differential discounts/ allowances etc.
14. Fear of health/ safety with spurious drugs/ polluted air/ water etc.
15. Lack of safety and absence of quality control regulations
16. Imitation manufacturing i.e. misbranding and duplicate products
These practices pose a problem to consumers. Unless these practices are recognized and dealt
with, they are likely to continue to exploit the consumers. They may even become a part of
the system and it would become difficult to eradicate them late.
1.6 Consumer Protection Measures
Various kinds of activities are involved in consumer affairs. This makes the problem of
consumer a multidimensional one and it need to be addressed from various angles. To protect
the interests of consumers, measures can be broadly classified under two categories:
1. Legislative or Regulatory Measures of Consumer Protection
2. Non Legislative Measures of Consumer Protection
1.7 Legislative Measures of Consumer Protection
It can be further classified under two categories:
• Consumer Protection through different laws

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 • Consumer Protection through Consumer Protection Act, 1986
1.7.1 Consumer Protection through Different Laws
Besides the protection granted under Indian Constitution, the Indian Government of India has
passed a number of statutory regulations to and amended from time to time to put more teeth
into the enforcement machinery to ensure better protection of the consumers’ interests.
Various statutes intended to protect the consumer against different forms of deceit, injury and
exploitation were enacted. Some of these do not mention the consumer interests specifically
but do provide consumer protection in some way or the other. These statutory regulations
cover various aspects of consumer protection. An indicative list of these legislations has been
provided here:
1. Agriculture Produce (Grading & Marketing) Act, 1937
2. Air (Prevention and Control of Pollution) Act, 1981
3. Bureau of Indian Standards Act, 1986
4. Cigarettes (Regulation, Production, Supply and Distribution) Act, 1975
5. Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of
Trade and Commerce, Production, Supply and Distribution) Act, 2003
6. Consumer Protection Act, 1986
7. Consumer Protection Act, 1986
8. Criminal Procedure Code, 1898
9. Drugs (Control) Act, 1950
10. Drugs and Cosmetics Act, 1940
11. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
12. Emblems and Names (Prevention of Improper Use) Act, 1950
13. Environment (Protection) Act, 1986
14. Essential Commodities (Amendment and Validation) Act, 2009
15. Essential Commodities (Special Provisions) Act, 1981
16. Essential Commodities Act, 1955
17. Essential Services Maintenance Act (ESMA), 1968
18. Food Safety and Standards (Amendment) Act, 2008
19. Food Safety and Standards Act, 2006
20. Hire Purchase Act, 1972
21. Indian Contract Act, 1872
22. Indian Penal Code, 1860
23. Industries (Development and Regulation Act), 1951

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24. Narcotic Drugs and Psychotropic Substances Act, 1985
25. Packaged Commodities (Regulation) Order.
26. Petroleum and Natural Gas Regulatory Board Act, 2006
27. Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities
Act, 1980
28. Prevention of Food Adulteration Act, 1954
29. Prevention of Money Laundering Act, 2002
30. Protection of Civil Rights Act, 1955
31. Public Liability Insurance Act, 1991
32. Right to Information Act, 2005
33. Sale of Goods Act, 1930
34. Securities and Exchange Board of India Act, 1992
35. Specific Relief Act, 1963
36. Standards of Weights and Measures (Enforcement) Act, 1985
37. Standards of Weights and Measures Act, 1956 & 1976
38. Trade and Merchandise Marks Act, 1958
39. Trade Marks (Amendment) Act, 2010
40. Trading Stamps Act
41. Usurious Loans Act, 1918
42. Water (Prevention and Control of Pollution) Act, 1974
There are many more laws which can be interpreted in favour of consumers in one way or the
other. It is like a wonderland of lawyer's paradise, crushed with complexities of procedures.
Many of the Acts have not proved to be effective owing to their faulty implementation. The
enforcement machinery is lethargic and alleged to be corrupt. The numbers of laboratories in
India for testing products are not enough to match the demand. Even existing laboratories are
ill-equipped with infra-structure facilities and analyst personnel. Take the case of the
Prevention of Food Adulteration Act. The implementation of the act is in the hands of
municipalities and local bodies. The local level influence operates in a big way to make the
act unworkable and often the offenders go scot-free.
The role of these laws to protect the interest of consumers has been far from satisfactory. This
is partly due to the fact that the consumer is ignorant of the different laws, orders and rules in
force. He does not really know that there are laws for consumer welfare. Even if he knows
their existence, legal procedures are so complicated, irksome, expensive and time- consuming
that he gives up the idea of going to courts.

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Despite a very large number of laws, India has a long way to go before the objectives of
consumerism can be attained. Legislation alone is not enough. In India, the consumer
resistance movement is still in its infancy. No doubt the role of the government, as a catalyst
in Consumer Protection, remains pre- eminent. However, the faulty implementation, poor
business response and weak consumer movement need attention.
1.7.2 Consumer Protection through Consumer Protection Act, 1986 (CPA)
The Consumer Protection Act, 1986 is a milestone in the history of socio-legislation in the
country. It is one of the most progressive, comprehensive and unique legislation enacted for
better protecting the interest of consumers by establishing forums for the settlement of
consumer disputes. All the provisions of the CPA, 1986 came in force with effect from
1.7.1987 throughout the country except in the state of Jammu and Kashmir because it has
enacted its own legislation.
Under the Act, three-tier quasi-judicial consumer dispute redressal machinery was established
at the district, state and national levels. These agencies are popularly known as consumer
forums or consumer courts. These forums provide simple, speedy and inexpensive redressal
of the consumers' grievances. In terms of the Act, the Central Government first constituted
the Central Consumer Protection Council (CCPC) on June, 1987 to promote and protect the
rights of the consumer and it was reconstituted from time to time. The resolutions of the
Council are recommendatory in nature. The state governments/ UTs administration are
required to establish the consumer protection councils at the state as well as at district level to
strengthen consumer movement at the grass root level. After realizing some flaws and gaps in
the act, it was amended in 1993 to make it more effective.
1.7.2.1 Highlights of the Consumer Protection (Amendment) Act, 1993
A high power working group was set up to suggest suitable amendments to the act so as to
make it more effective and powerful. The government promulgated an ordinance on June 18,
1993 which was enacted in the Parliament on August 27, 1993. Salient features of the
Amended Act, 1993 are:
• To enlarge the coverage of the Act by way of including complaints relating to restrictive
trade practices.
• Commercial purpose excludes consumers who buy goods for earning their livelihood by
means of self-employment.
• Complaints against goods which are hazardous to life and safety of the consumers and
where information has not been given about the contents, usages and effect of the goods

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 in accordance with the law specifically and the service relating to housing construction
etc. are incorporated in the Act.
• Provision of filing class action complaints on behalf of consumers having the same
interest, is made.
• Provision of selection committees for the selection of non-judicial members of consumer
courts at different levels is also made.
• Enhancement of monetary jurisdiction of District Forums, State Commission and
National Commission is made from rupees one lakh to five lacs rupees, five lacs to 20
lacs and exceeding Rs. 20 lacs respectively.
• Provision of giving additional powers to the consumer disputes redressal agencies is
inserted.
• Provision of punishment to the complainant in cases of frivolous or vexatious complaints
is made.
In order to fill up certain gaps, the Act was amended again in 2002.
1.7.2.2 Highlights of the Consumer Protection (Amendment) Act, 2002
• How complaints can also be filed by the legal heir or the representative of the deceased
consumer.
• It is excluded from the commercial practice that a person who avails buys and uses the
goods and services for the purpose of earning his livelihood by means of self
employment.
• Complaint pertaining to unfair trade practice can also be filed against the service
providers.
• Such services and goods which are claimed to be genuine but actually they are not so, are
including in the category of spurious goods and services.
• Provision for the establishment of Central Consumer Protection Council, State Consumer
Protection Councils and District Consumer Protection Councils is made.
• Eligibility conditions for a member of District Forum, State Commission and National
Commission are made clearer.
• Pecuniary jurisdiction of District Forum, State Commission and National Commission
was increased up to Rs. 20 lacs, Rs. 1 crore and above Rs. 1 crore respectively.
• Reference to opposite party is to be sent within 21 days instead of 30 days by the district
forum.
• Complaints may be dismissed if the complainant fails to appear before the district forum

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 on the date of hearing.
• Decisions are to be announced within a period of 3 months (5 months if it requires
analysis or testing) by the district forum.
• Appeal to State Commission, National Commission and Supreme Court can be filed only
if accompanied by 50 per cent of the amount as ordered by District Forum, State
Commission and National Commission or Rs. 25,000, Rs. 35,000 and Rs. 50,000,
whichever is less, respectively.
• Appeals are to be disposed off within 90 days.
• Provisions for transfer of cases from one forum/ commission to another are made.
• The State and National commissions may also perform their functions from places other
than the state capitals and New Delhi respectively.
1.7.2.3 Developments 2004 Onwards
The important developments which took place post-2004 are as under:
• The question of strengthening the functioning of consumer forums by providing adequate
infrastructure and to fill up the vacancies of Presidents/ Members well in time, is to be
taken up promptly by the Department of Consumer Affairs with the state governments.
• Parliamentary Standing Committee on Food, Civil Supplies and Public Distribution in its
2nd report, has expressed its concern over the disposal of cases, existence of non- functional
consumer forums etc. Moreover, it has recommended for allocation of more funds by
the Planning Commission to the Ministry.
• Periodical reports on the functioning of consumer forums, pendency position, the progress
on filling of vacancies and utilization of one time assistance scheme are being obtained
by the department to review the overall position of functioning of consumer forums
and to take it up the matter with the states for appropriate action.
• The President, National Commission has also visited a number of states to monitor and
discuss functioning of consumer forums. The states are directed to set up benches of their
State Commissions where the pendency of cases is heavy.
• With the amendment of the Consumer Protection Rules, 1987 in 2004, the strength of
members of National Commission is enhanced from four to six enabling it for setting up
its second bench. Rules are further being amended to enhance the number of members
from six to nine for setting up the third bench of the Commission
• Eleven cities are notified other than New Delhi where the National Commission may hold
its Circuit Benches.

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• The Department has been taking a number of proactive measures in close association with
Voluntary Consumer Organizations, State Governments, NCDRC, BIS etc. With a view
to direct their potential in a structured way, six working groups were set up to address
various consumer problems in the area of food safety; drugs, tobacco; misleading
advertisement; counterfeit fake, spurious contraband products, etc. In addition, committees
were constituted to evolve a National Consumer Policy to suggest ways and means of
early disposal of consumer complaints by conciliation as followed by Lok Adalats or
other possible ways.
1.8. ‘Consumer’ under the Consumer Protection Act, 1986 and Related Aspects
Any person who buys or hires any goods or services for a consideration is a consumer. But a
person who obtains such goods for resale or for any commercial purposes will not be a
consumer and he cannot go and approach consumer disputes redressal agency for any defect
in the goods which he has purchased. Therefore, it is very clear that consumer is an individual
person who purchases goods or services for the purpose of earning his own livelihood but not
for resale. He is considered to be well informed about a product in terms of its quality, quality
and prices of goods. Since, he is an individual of the general public. He may be a literate or
illiterate, poor or rich, rural person or slum dwellers, mill workers or weaker sections of
society and so on. In various cases, National Commission had declared that the tax payer to
municipality, contractors, applicants for jobs, a person who files suits in courts would not be
considered as consumer.
1.8.1 Who can make a Complaint?
According to section 2 (b), a person who is termed as consumer can make a complaint,
specifically speaking; following are the persons who can file a complaint under CPA.
• A consumer to whom services or goods were provided or delivered; or
• Any recognized voluntary consumer association registered under the company’s act- 1956
or any other law for the time being in force; or
• Central Government or any State Government; or
• A legal heir or representative in case of death of consumer; or
• One or more consumers having the same interest.
1.8.2 Components of Complaint
According to section 2(1) (c), a complaint must contain any of the following allegations:
• Mention the unfair trade practice or restrictive trade practice adopted by service provider
and trader with evidence.

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• The service which was hired or availed of or agreed to avail of suffer from severe
deficiency in any respect.
• A service provider or trader, as the case may be, has charged for the service or for the
goods disclosed in the complaint, price in excess of price.
• Any service or goods, that could be hazardous to the life and safety when used, was
offered for the sale in the market.
1.8.3 Where to File a Complaint
A written complaint as amended by consumer (Amendment) Act, 2002 can be filed as
follows:
• If the cost of the goods or services and compensation asked for is up to Rs. 20 lakhs, then
the complaint can be filed in District Forum which was notified by the state Government
for the district where the cause of action has arisen or where the opposite party resides. A
complaint can also be filed at a place where the branch office of the opposite party is
located.
• If the cost of goods or services and compensation asked for is more than Rs. 20 lakhs, but
less than Rs. 1 crore, then the complaint can be filed before the state commission notified
by the state commission or UT concerned.
• If the cost of goods or service and compensation asked for exceed Rs. 1 crore then the
complaint can be filed before the National Commission at New Delhi.
1.8.4 How to File a Complaint and its Contents
Procedures for filing complaints and seeking redressal are simple. There is no prescribed
performa for the submission of complaint. However it must be written. It may be submitted
directly in person or by post. A nominal amount of fees is also required to be deposited for
making complaints before district forum.
A complaint must contain the following information:
(i) Name and address of the complainant;
(ii) Name and address of the opposite party or parties;
(iii) Date of purchase/ service obtained and amount paid for consideration;
(iv) Description of the goods/ nature of service availed;
(v) Whether the complaint relates to unfair trade practice/ defective goods/ inefficient
service/ overcharging of price;
(vi) Documentary evidence collaborating the complaint e.g. copies of invoice/ vouchers/
receipts and any correspondence made;

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(vii) Relief sought- whether removal, replacement or compensation;
(viii) Signature of the complainant or his authorized agent.
Complainant can file/ plead his complaint on his own, and he is not under any legal
compulsion to hire the services of advocates.
1.8.5 Time Limit for Filing Complaint
According to section 24 (A) (I) of the Act, a complaint can be filed within two years from the
date when the cause of action is arisen. A complaint may be entertained after the specified
period of two years, if the complainant satisfies the District Forum, the State Commission or
the National Commission, as the case may be, that he had sufficient cause for not filing the
complaint within such period.
1.8.6 Relief Available against the Complaints
If deficiency in service or defect in goods or any allegations mentioned in the compliant is
proved, a Consumer Forum has the power to issue an order to the opposite party directing
him or her to do one or more of the following things-
• To remove the deficiency immediately from the service in question.
• To take out the defect pointed out by appropriate laboratory from the goods in doubts.
• To rearrange the service or goods of similar description at the same price.
• To pay back the price of service or goods to the complainant.
• To compensate the consumer for the loss or injury suffered by him or her due to
negligence of service provider and trader.
• An order to keep out unfair trade practice or restrictive trade practices.
• An order to correct the advertisement and neutralize the effect of misleading
advertisement at the cost of opposite party responsible for issuing such misleading
advertisement.
1.8.7 Dismissal of Frivolous and Vexatious Complaint
If any complainant institutes the frivolous or vexatious complainant, such type of complaint
will be dismissed and complainant shall pay to the opposite party such cost, not exceeding
10000 rupees or as may be specified in the order.
1.8.8 Time Frame for Decisions at Consumer Forums
According to section 13 (3A) of the Act, Every complaint shall be heard as expeditiously as
possible and endeavor shall be made to decide the complaint within a period of three months
from the date of receipt of notice by opposite party where the complaint does not require
analysis or testing of commodities and within five months if it requires analysis or testing of
commodities.

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1.9 United Nations Guidelines for Consumer Protection
International Organization of Consumer Unions, now known as Consumers International,
took the initiative and under its consistent lobbying, the United Nations adopted a set of
Guidelines for Consumer Protection on April 9, 1985 which was revised in 1999. The
Guidelines address the interests and needs of consumers worldwide and provide a framework
for Governments, particularly those of developing and newly independent countries, to use
for elaborating and strengthening consumer protection policies and legislation.
These guidelines for consumer protection have the following objectives:
1) To assist countries in achieving or maintaining adequate protection for their population as
consumers;
2) To facilitate production and distribution patterns responsive to the needs and desires of
consumers;
3) To encourage high levels of ethic al conduct for those engaged in the production and
distribution of goods and services to consumers;
4) To assist countries in curbing abusive business practices by all enterprises at the national
and international levels which adversely affect consumers;
5) To facilitate the development of independent consumer groups;
6) To further international cooperation in the field of consumer protection;
7) To encourage the development of market conditions which provide consumers with
greater choice at lower prices; and
8) To promote sustainable consumption.
The UN Guidelines outlined the following eight areas for developing policies for
consumer protection:
1) Physical safety;
2) Promotion and protection of consumers’ economic interests;
3) Standards for safety and quality of consumer goods and services;
4) Distribution facilities for essential consumer goods and services;
5) Measures enabling consumers to obtain redress;
6) Education and information programmes;
7) Promotion of sustainable consumption; and
8) Measures relating to specific areas like water, food and pharmaceuticals.
These areas were translated into the following eight consumer rights by the
Consumers’ International:
1) Right to Basic Needs;

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2) Right to Safety;
3) Right to Choice;
4) Right to Information;
5) Right to Consumer Education;
6) Right to Redressal;
7) Right to Representation; and
8) Right to Healthy Environment.
1.10 Consumer Rights under Consumer Protection Act
Keeping UN guidelines for consumer protection in mind, the Indian Government has also
provided some basic rights to consumers. Under the section 6 of CPA, there was an effort to
empower consumers by giving them six basic rights; the given rights are as follows.
1) Right to Safety: Consumers are authorized to protect themselves against the marketing of
the service and goods which are hazardous for the live and property. If the particular service
or goods is hazardous and dangerous to the life and property, consumers must be informed
and instructed clearly about the mode for use of service and goods.
2) Right to Information: Consumers have every right to be informed about the quality,
quantity, potency, purity, standard and price of service or goods, with a view to protect the
consumers against unfair trade practices. Adequate information should be provided to
consumers so that they may choose exactly what fit in their budget, life-style and fashion.
3) Right to Choose: Consumers are authorized to get access to variety of services and goods
at the competitive prices. Moreover, fair competition must be promoted so as to provide the
widest rages of services or goods at the lowest and competitive price to the consumers.
4) Right to be Heard: This right is the crux of CPA, because under this right, consumers are
assured that if something goes wrong with the consumers, their interest will receive due care
in the appropriate Consumer Forum.
5) Right to Seek Redressal: If a consumer has suffered loss or injury due to unfair trade
practice or restrictive trade practice and allegations made in complaint were proved, the
appropriate Forum, where complaint was made, will indemnify and compensate to the
consumer.
6) Right to Education: This right informs the consumer about the practice prevalent in the
market and what remedies can be availed of against them. For spreading this education,
media, or school curriculum and cultural activities may be exercised as medium.
1.11 Non- Legislative Measures of Consumer Protection
It is a recognized fact that legislation is not enough for consumer protection though it

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provides vital support to it. In India, speed of consumer justice is slow and legal awareness of
consumer protection is extremely low. It is desirable that the consumer need to be protected
before undergoing a hazard or loss. Therefore, there is a strong need to give matching
emphasis to non- legislative measures of consumer protection. Following measures are
generally counted as non legislative measures of consumer protection.
1. Development and Expansion of Public Sector: The Government of India developed the
public sector in India in 1956, when the first industrial policy was announced. Since then,
this sector has grown by leaps and bounds. This sector is primarily supported by
Government and has deeper outreach to the Indian citizens. This sector mainly concerned
with the enhancement of consumer welfare by establishment of consumer cooperatives,
increasing production, improving efficiency in production and supply, making goods
available at fair prices, regulated marketing by curbing monopolies by the private sector
and so on.
2. Self Protection by Consumer: Consumer protection by him can be determined by the
extent to which consumers is conscious about their rights, raises the voice in case of
exploitations, seek redressal for their grievances. It is the foremost duty of consumer to
not to fall prey in the hands of market malpractices.
3. Business Self Regulation: Till the business houses realize their responsibility for serving
the interests of consumers, no consumer protection measure can be effective in consumer
protection. Businessmen in India have come together at different platforms to adopt a
code of conduct for regulating their activities. Following initiatives were taken up by
businesses for Consumer Protection:
• The Council of Fair Business Practices (CFBP) was established by some industrialists
in 2nd October 1966 and a code of conduct was adopted for fair business practices.
• Federation of Indian Chambers of Commerce and Industry (FICCI) has established
'Consumer Business Forum' in 1985 and requested its members to set up consumer
affair cells.
• Advertising Standard Council of India (ASCI) and Consumer Complaint Council
were established for regulating advertisements.
• ASSOCHAM set up an expert committee to study the issues of consumers.
• Establishment of certain associations and boards of different products by various
industries.
• Various Companies have started exclusive consumer affairs departments and started
consumer helplines to resolve consumer issues.

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 • Various awards & recognitions were constituted for fair and ethical business practices
e.g. ‘Jamnalal Bajaj Award’ started by CFBP in 1989 later renamed as ‘Jamnalal
Uchit Vyavahar Puraskar’.
• Making arrangements for ensuring proper quality and quantity by setting up of quality
circles by many business organizations.
4. Government Initiatives: Government can perform supreme role for consumer protection
other than legislative measures. It can take up various voluntary methods for consumer
protection to create awareness about the rights of consumers. Government of India has
taken various steps in this direction which are visible through following programmes.
• Starting of ‘Lok- Adalats’ for speedy, effective and economical redressal Starting
‘Swami Vivekananda National Award on Consumer Protection’ for VCOs and
‘National Youth Award’ on Consumer Protection
• Creation of Consumer Welfare Fund at Centre and States level
• Celebrating Consumer Rights Day on 15th March etc
5. Consumer Education and Publicity Measures: The success of consumer movement
depends upon the level of consumer awareness generated in the country and by educating
the consumer about their rights and other issues. A lots of publicity measures are carried
out by Department of Consumer Affairs to educate consumers which can be described as
follows:
• ‘Jago Grahak Jago’ National Media Campaign
• ‘Jago Grahak Jago’ Weekly Radio Programme
• Gyanvani FM Channel under IGNOU
• Radio Spots at different FM channels
• ‘Grahak Dost’ a programme on Doordarshan
• Video programmes for school in CDs etc

6. Voluntary Consumer Organizations: Legislative arrangements for consumer protection

are not enough by themselves. Consumers have to help themselves individually as well as
through organized efforts such as through voluntary consumer organizations. A voluntary
consumer organization is formed and framed by a number of consumers voluntarily with
the purpose to protect, promote and fight for their rights, save themselves, from
exploitation by sellers and to promote their collective welfare. These organizations are
instrumental in spreading consumer awareness and education and try to resolve consumer
disputes before going to the consumer forums for adjudication. In India, there are many

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 voluntary consumer organizations working for the purpose of consumer protection.
Depending on its nature, VCO can be registered under the Companies Act, 1956 or under
any other law in force such as Societies Registration Act, 1860, Indian Trust Act, 1908, or
Cooperative Societies Act. The Central Government established the Consumer Welfare
Fund in 1992 to provide financial assistance to the registered consumer organizations.
These consumer organizations are performing a number of functions concerning
consumer affairs which can be described as follows:
• Educating consumers about their rights by bringing out magazines, brochures,
journals, monographs etc
• Accelerating consumer awareness through organizing conferences, talks, workshops
and seminars from time to time

The consumer movement in India is still obsessed with the agenda of statutory protection.
What is urgently required is a restatement of its aims and purpose. An imaginative dialogue
with the consumption will perhaps constitute the first step towards the real empowerment of
the consumer. So long as the consumption perpetuates hierarchies of power and status,
consumer protection is bound to lose its effective reach. It is in the interest of capitalist
democracies to invest in empowered consumer citizens. Thus, with the help of legal and
voluntary methods, the Consumer's Rights can be protected and appropriate redressal of the
grievances of an aggrieved consumer may be provided resulting in empowerment of
consumers.

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