RECENT DEVELOPMENT IN CONSUMER PROTECTION

BY: PRACHI TANEJA

INTRODUCTION

Consumer movement India is still in its infancy. More than 30% of the people live below the poverty line They do not have the access to the information and the infrastructure concerning consumer protection provided by the government . Hence, the consumer movement in India is to be developed in a perspective different from the elitist approach of the development countries.

ROLE OF GOVERNMENT

Lok Adalat

Public Interest litigation

Harmless products

Organizing a poster competition

ROLE OF GOVERNMENT

The welfare states play a very important role in the modern world. It is the welfare of the people in general that is uppermost in the mind of a welfare state. In addition to enacting specific laws , it has encouraged certain other concepts which go a long way in improving the lot of consumers.

LOK ADALAT

The concept of Lok Adalat in India is catching up fast. The union government established a committee for implementing legal aid schemes in the country, in consonance with the provisions of article 39 A of the constitution which guarantee justice to all citizens. Lok Adalat have become part of a speedy, effective and economical redressal system . They may be described as a step towards fully indianising the judicial system.

PUBLIC INTEREST LITIGATION

Public interest litigation is the name that has recently been given to efforts to provide legal representation to previously unrepresented groups and interests . The supreme court of India has invoked its inherent power under the Constitution of India , particularly under Article 32. The Public Interest Litigation is to be encouraged since it aims at empowering the people. This will help the cause of consumer protection movement.

HARMLESS PRODUCTS

The objective of the scheme is to provide an incentive for manufacturers and importers to reduce adverse environment impact of products. The products are examined in terms of impacts that they have substantially less pollution than other comparable products in production , usage and disposal. Disposal of the product and its containers , utilization of waste and suitability for recycling or packaging are the factors determining the primary criteria for a product. The Bureau of Indian Standards(BIS) has authority to inspect and take samples for analysis of any material to see whether the product conforms the contract.

ORGANISING A POSTER COMPETITION

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The Ministry Of Civil Supplies, Consumer Affairs and Public Distribution, Government of India has started organizing a poster competition since 1992, thereby giving oppurtunity to individuals to express their creative talents to cause of consumer protection. The topics included are : Consumer must exercise his rights. Be an alert consumer. One must file complaint for the redressal of ones genuine grievance. Consumer must be quality conscious. Advertisements often exaggerate.

ROLE OF REDRESSAL FORUMS ON MAKING THE CONSUMER MOVEMENTS A SUCCESS

The Redressal Forum should keep in mind that they are not to function in a manner of civil courts with their attendant technicalities and procedural cobwebs. The Forums should see that proceedings are not protracted by repeated adjournments on the please that the counsel is not available. To the delight of consumers , court judgments have been, by and large, in their favour ,giving the consumer hope for the future. The 80% of the decisions given by the Consumer Forums , all over India, have gone in favour of consumers. Thus the Judicial activism is increasingly focusing on consumer interests.

Recent Development in consumer protection

Development In New consumer culture

Consumer awareness

Self help by consumers

Consumer education

Development of new business culture

DEVELOPMENT OF NEW CONSUMER CULTURE

In most modern societies today one can say that the principal modern consumer theory is the consumers sovereignity. Education of the consumer in how to buy and what to buy is , therefore important . Consumer sovereignity sets out from the primariness of consumption. A consumer who cant claim has no right to complain. The MRTP Act 1969, and the consumer Protection Act 1986 provide a direct mechanism whereby a consumer can protect himself in the market place.

CONSUMER AWARENESS

Consumers must be aware of the existing consumer protection laws. In fact, the laudable objectives of the legislation concerning consumer protection can only be achieved if consumers become fully concious of their rights and are aware of availability of cheap and speedy remedies under the act. They must understand their right to freedom from any kind of exploitation, and make use of the redressal machinery which has been made available to them to get quick justice without having to incur any expenditure.

SELF HELP BY CONSUMER

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While making a purchase , read the product label, which will give you some essential information about product. Some of the example are :: The potency of a drug depends upon the date of manufacturer as mentioned on the package . Labels or markings on the packages of certain products contain certain warning. While buying a product if you find that there is an ISI mark, make sure that it is a genuine one . In the case of Food products , the reading of label or the marking in useful in another way. Many times some markings on a product carry a brand name of, a well known manufacture ,with or without a slight change in spelling or the logo.

CONSUMER EDUCATION

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Consumer education plays an important role in protecting the interests of consumers . In India , the union government has been making the best efforts to educate the consumers as follows: PUBLICATIONS NATIONAL AWARDS AUDIO-VIDEO MEASURES CONSUMER DAY STANDARDISATION AND QUALITY CONTROL

DEVELOPMENT OF NEW BUSINESS CULTURE

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Business to champion the consumer cause and delight its customers by design and not by neglect Business have responsibility to the consumers of their product in at least three areas: PRODUCT SAFETY AND QUALITY DEPENDABLE PACKAGING TRUTHFUL ADVERTISING

CONSUMERISM AND BUSINESS

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Some business organisations have welcomed consumerism and treated it as an oppurtunity rather than a threat. Some of them are: Setting up consumer affairs department Setting up advisory board Educational campaigns Advertisements should not contain false or misleading statements Public relations as an effective means of providing consumer satisfaction The marketing department needs to be on toes on the issue of consumer protection and satisfaction Organsations work culture

CONCLUSION

Consumers all over the world are alert and fight for their rights when necessary, the Indian consumers may have a lesson or two from their bretheren abroad. The consumers also should appreciate the efforts laid by the government for their benefit and support the measures. The consumers should believe in self-help themselves so as to fight for their rights. CONSUMER IS KING