legal protection to consumers

LEGAL PROTECTION FOR CONSUMERS:

The Consumer Protection Act, 1986:

Meaning:-Was formed in 1986 to protect and promote the consumers’ interest through speedy and inexpensive redressal of their grievances. 

Scope of consumer protection:

• Applicable to all types of undertakings, big and small,
• Whether in the private or public sector or in the co-operative sector,
• Whether a manufacturer or a trader,
• Whether supplying goods or providing services.

Consumer:

• A person who buys any goods for consideration or any user of such goods when such use is made with the approval of the buyer.
• A person who hires or avails of service for consideration or any beneficiary of such services when such use is made with the approval of the buyer.
• Consideration here means that the goods or services are either fully paid, partly paid or under a scheme of deferred payment such as an installment scheme.
• This definition does not include people who avail services for some commercial purpose or obtain goods for resale or for some commercial purpose.

Who can file a complaint?

A complaint before the appropriate consumer forum can be made by:

1. Any consumer;
2. Any registered consumers ‘association;
3. The Central Government or any State Government;
4. One or more consumers, on behalf of numerous consumers having the same interest; and
5. A legal heir or representative of a deceased consumer.

Against whom a complaint can be filed?

Consumer Protection Act, 1986 is applicable to all types of undertakings, whether big or small, private or public, or in the co-operative sector, manufacturer or a trader, wholesaler or retailer, supplying goods or providing services. Thus, a complaint can be filed against:

1. The seller, manufacturer, or dealer of defective goods. Defect means any fault, imperfection, or shortcoming in the quality, quantity, or purity of goods.
2. The provider of services if they are deficient in any manner. Deficiency means any imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance of services.