IMPORTANCE AND IMPLEMENTATION OF PROTECTION OF CONSUMER RIGHTS IN INDIA

WHO IS A CONSUMER?

According to Section 2(d) of the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 2002, “CONSUMER” means any individual who buys any goods or hires or avails in case of services for a consideration which has been paid or promised or partly made and partly promised or under the system of deferred payment.  A consumer also includes any user of such goods or beneficiaries in case of services other than the person who has made any sort of consideration. However, a consumer does not include those persons who buy goods for resale or for any other commercial purpose.

A “person” according to the C.P.A 1986 includes:

• A firm whether registered or not;
• A Hindu undivided family;
• A co-operative society;
• Every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;

CONSUMER RIGHTS IN INDIA:

Consumer Rights in India can be defined as “'the right to have information about the quality, potency, quantity, purity, price and standard of goods or services”; as it may be the case, but the consumer is to be protected against any unfair practices of trade. It is very essential for the consumers to know these rights.

The Consumer Protection Act, 1986 (as amended in 2000) has established the Central Consumer Protection Council for the protection and promotion of the rights of the consumers.

Section 6 of the Act enumerates the objectives of the Central Council. The Central Council has been charged with the promotion and protection of the rights of the Consumers as mentioned earlier. The Act recognises 6 specific rights of the consumers. They are:

• The Right to Safety: It gives the consumers the right to be protected against the marketing of goods and services, which are hazardous o life and property. This right is quite essential in modern days because of the tendency of the traders and manufactures to sell/market goods which are substandard in quality as well as use cheap quality ingredients as compared to the money charged.

The United Nations, General Assembly resolution for Consumer Protection provides that where a product is found to be seriously defected or to constitute a serious and substantial hazard even when it is properly used, the manufacturers or the distributers should replace it immediately or substitute with another product. However, if they are not able to do it within a reasonable time period, then the consumer should be adequately compensated.

• Right to Information: Every consumer has the right to be informed about the Quantity, Quality, Potency, Purity, Standard and the Price of goods or services, so as to protect the consumer against the unfair trade practices. This right to information about the goods and services will help the consumers to take intelligent decisions at the time of purchase.

For making correct decisions regarding the choice of food, cosmetics and drugs it is essential that the consumer should be apprised of the ingredients of such product and he/she should be informed about every detail of the product which may otherwise lead to the violation of the his/her right to freedom of expression comprised in Article 19(1) (a) of the Constitution of India. The Right to Information to the consumers will ensure transparent transactions and assures the consumers the quality and quantity they deserve. This can also be effectively used to curb the unfair trade practices going on India.

• Right to Choose: Section 6(c) of the Act, provides that every consumer has the right to be assured, wherever possible access to a variety of goods and services at competitive prices. In other words of the consumer must have the rights to have an option to choose the goods and services they want, from the market available at competitive prices.

Restrictive trade practices should not be allowed for ensuring sufficient availability of resources at fair market prices. This particular right of the consumer’s acts as an effective weapon against the monopoly of any trade, unconscionable conditions of credit sellers and one sided standard contracts.

• Right to be Heard: The consumer should have the right to be heard and so should be able to approach an appropriate forum whenever the consumer has a complaint. He/ she should also be assure that his/her interest would be protected and will receive due consideration at the forums in a fair, economical and expeditious manner. The Consumer Protection Act has established a very effective Quasi-Judicial mechanism to tackle with such complaints and assurances.   

• Right to Consumer Education: The consumer should be made aware of his/her rights and the method of approaching the court in case of the violations of his/her rights. The consumers can be protected in an effective way if only they are educated about their rights.

IMPORTANCE OF CONSUMER RIGHTS AND PROTECTION:  

On analysing the marketing management, from centuries it is found that that the consumer plays the most important role in the market. He/ She is the King- pin of the market, therefore, it very necessary that the producers or the merchant produces goods of good quality and worth the money charge for their proper satisfaction and proper value. In India, Consumer Protection is very vital because here the consumer is mostly exploited due to their lack of knowledge about their rights. The business men or the merchant class in India is in a dominating position as compared to the consumers. This leads to unfair trade practices as well exploitation of the consumers. To avoid this exploitation this act is a landmark in the history of social-economic legislation and has been regarded as the most progressive, comprehensive, and unique piece of legislation.

The major objective of the Act is to provide speedy and inexpensive justice to the suffering consumer unlike other existing laws which are punitive and preventive in nature. This is the most important characteristic of the Act too including endowing specific relief for the grievance of the consumer and awarding compensation wherever appropriate. In one of the conference held in Malaysia in 1997, this Act was described as one “which has set in motion revolution in the fields of consumer rights, the parallel of which has not been seen anywhere in the world”.

Thus, the needs for consumer protection are:

• Protection of the consumers from Exploitation:

The main aim is to protect the consumers from being exploited by the dishonest businessmen. In absence of this act, the consumers had to suffer many injustices like adulteration, hoarding of goods, monopoly of businessmen in the market, sale of inappropriate measures, charging of exorbitantly and many more. This act now gives the consumers to approach a forum to file their complaints and also keeps the businessmen in the correct path.

• Organizing the consumers and educating them:

In India, due to widespread illiteracy and ignorance most of the consumers are unaware of their rights. This act has encouraged the development of many consumer forums or associations which help to educate the consumers about their rights and also about the procedure of filing a suit in the appropriate forums. They help the consumers to approach the redressal agencies at the district, state and central levels to protect their violated interests.

• Quality life of the Consumer:

The consumers should lead a quality life. This can be achieved when they are able to use good quality products which satisfy their needs. The importance of this Act is to provide redressal for a complaint in an effective manner and to compensate the person in a proper way. The act, also aims on giving good-quality life to consumers by business organizations that have defaulted on the other side and make sure that justice is done to final consumers.  

The protection of consumers is not only important to them but also to the businessmen. The following are the importance of the consumer protection for the businessmen:

• Increases the interest of the Business:

In this age of high competition, a business can flourish and become a success only when its consumers are satisfied with their products as well as their services. This can be brought using this Act and providing them protection. Moreover, using and providing them with good quality products will increase the good will of the company itself. This will help them to retain their consumers as well as profits.

• The Businessmen can avoid the interference of the Government:

When the consumers are aware of their rights and the protection they can seek to on violation of their rights these businessmen will always be on their toes. They will not have the courage to carry out illegal or unfair trade practices. This is so because they will be scared that if they are caught there will be a thorough investigation which will lead to high investigation by the Government which is not good for business purposes.

• Winning the Good will of the people by following Ethics:

It is an ethical and moral duty on the part of the businessmen to provide their customers with protection on some fault on their side. Moreover, if they cater to the norms of the Consumer Protection Act, 1986 they will ethically appealing to the consumers which will also lead to the boost in the sale of their products. This will be indirectly beneficial for them.

JURISDICTION OF THE CONSUMER DISPUTES REDRESSAL FORUMS:

Section 9 of the Consumer Protection Act, 1986 envisages a 3-tier Quasi-Judicial system for the purpose of rendering simple, speedy and inexpensive redressal of consumer disputes. This decentralised format helps the aggrieved consumers to approach the appropriate forum.

There are three main forums which deal with the consumer disputes. Namely they are:

1. District Forums set up by the State Government in each of the State by notification.
2. State Commission established by the State Government in the State through notification.
3. National Consumer Disputes Redressal Commission set up by the Central Government.

Well to help the consumers which forum to approach on violation of their rights this Act also talks about the Jurisdiction of these forums.

• Jurisdiction of the District Forum:

Section 11 of the Act clearly mentions of the pecuniary, territorial, and subject matter jurisdiction of the District Forum.

The complainants can approach the District forum under Sec 11(a) of the Act, when their complaints are of value of the Goods and Services and the compensation if any, claimed is no more than twenty lakhs. It is the aggregate quantum of compensation which decides the jurisdiction of the Forum. The pecuniary jurisdiction depends upon the amount of relief claimed and not upon the value of the subject matter of, nor, upon the relief allowed by the Forum.

The complainants can also approach the District Forum under sec 11(b) of the Act, if the opposite party or each of the opposite parties at the moment of instituting the complaint is “actually and voluntarily residing” wherein the residence actually exists and not just in form. Moreover the complainant can also approach the forum under the same Sec if the party is “carrying on Business” especially commercial business. This means the complainant should own and run the business under the jurisdiction. The business may also be carried by authorised agents and servants. The complainants if not being able to fulfil the above conditions can also approach this forum under this forum if either of the parties works in the place under the jurisdiction of the forum for “personal gain” or the “Agent carries on the Business”. Another clause under which the parties can approach this forum is if the “Cause of action” arises under the jurisdiction of this forum. Cause of action relates to the place where the product is manufactured or the place where the product is marketed.

• Jurisdiction of the State Commission:

Section 17 of the Act deals with the jurisdiction of the State Commission of the Consumer Redressal Forum. The State Commission enjoys three kinds of jurisdiction- original, appellate and revisional jurisdiction.

Any complainant can approach the State Commission under Sec 17(a) (i) of the Act where the value of the goods or services and the compensation awarded is more than twenty lakhs but should not exceed one crore. In a recent decision, the National Commission has held that, where a claim of compensation is pleaded in a consumer complaint, then the total value of the goods/services and the compensation would determine the pecuniary limit of the jurisdiction of the redressal agency.

Unlike the District Forum, the State commission there is no direct provision like Sec11 (b) which talks about the territorial jurisdiction of the district forum. In the absence of any specific provision, it can be inferred that a State Commission can exercise its original and appellate jurisdiction only in respect of the disputes arising within the State. The territorial jurisdiction is conferred either where the “Cause of Action” arises or where the “office of the opposite party is situated”.  

According to Section 17(a) (ii) of the Act, the State Commission shall be able to entertain cases or complaints pertaining to goods and services only. In general, the State Commission has no power to question the validity of law; however, the Supreme Court has given a new view point in the case of L. Chandra Kumar v. Union of India that even a Quasi-judicial body can also decide the validity of the law, provided that the constitutional bench consists of at least one of the judicial member.  

The State Commission is also entitled to appellate jurisdiction under Sec 17(a)(ii) of the Act, to entertain the appeals against the order of any District forums of the State. Under Sec 15 of the Act, any aggrieved party may prefer an appeal against the order of the District Forum, within 30 days of the order to the State Commission. The State Commission has the power to condone the delay if any, for entertaining an appeal. The latter while disposing of the appeals before it, must dispose them only after going into the merits of the appeal.

Under Sec 17 (b) of the Act, the State Commission has the jurisdiction to call for the records and pass appropriate orders in any consumer dispute which is pending before it or has been decided by any District Forum within the State. In other words, the State Commission has the power to revise any judgement given by the district forum. Section 17(A) of the Act, says that on an application of the complainant or on its own motion, the State Commission may, at any stage of the proceeding, transfer the any complaint pending before the District Forum to any other District Forum within the State if the interest of the Justice so requires.

• Jurisdiction of the National Commission:

Just like that of the State Commission, the National Commission also has three jurisdictions under Sec 21 of the Act.

Under Sec 21(a) (i) the consumers can approach the national forum only when the value of goods and services as well as the compensation to be awarded is more that rupees one crore. Moreover, the National Commission also takes up cases which involves the question of fact of law, us a ground no to entertain a complaint. If the complainant has approached the civil court first for certain reliefs then it cannot recourse to the National Commission for the relief which could have been claimed at the Civil Court. The Commission also has the entitlement to hear cases regarding claims for damages based on alleged negligence of hospitals and doctors after the accident and not by the accident itself.

Under Sec 21 (a) (ii) of the Act, the National Commission has the jurisdiction to entertain appeals against the order of any State Commission. The Appeal always lays as an appeal against the order of the State Commission not any district forum. The appeal should have to be filed within thirty days from the date of the order of the latter. The NC may exercise its appellate jurisdiction not only against the final order of the State Commission but also against any interim order passed. Thus, an appeal is also available under Sec 21 of the Act, against the order of issuance of Summons and Notice, passed by the State Commission.

In the case of State of Gujrat v. Rajesh Kumar Chimanlal Barod and other, it was held that when a forum/Court finds that it has no jurisdiction, it is the obligation of the Appellate forum to hold and set aside the order under the appeal. In an appeal under Sec 21 of the Act, the Apex Court held that the Appellant should establish the case of medical negligence on the part of the Respondent failing which the appeal is liable to be dismissed.

As mentioned earlier the National Commission under Sec 21(b) of the Act, has been vested with the power of Revisional Jurisdiction according to which it has the power to call for records and pass appropriate orders in any consumer dispute which is pending before the State Commission. The National Commission can take up cases under this jurisdiction when the jurisdiction exercised by the State Commission is not vested in it, there is a failure in the exercise of the jurisdiction by the State Commission or the State Commission has acted illegally or with the material irregularity, in the exercise of its jurisdiction. In the other words, the illegal or irregular exercise of jurisdiction by the State Commission. Example: K made an appeal to the National Commission against the order of the State Commission whereby the State Commission had made an order against him although he was not a made a party to the dispute by the complainant. The National Commission observed that the order of the State Commission was vitiated by illegal exercise of jurisdiction resulting immaterial irregularity and accordingly, the same was liable to be set aside.

REMEDIES AVAILABLE WITH CONSUMERS:

The District Forums, State Commissions and the National Commission have the power to grant similar reliefs. The reliefs are majorly enlisted in sub-sections (a) to (i) of Sec 14(1). These clauses vests the consumer courts with greater powers, to order the removal of deficiencies of the services, withdraw hazardous goods from being offered for sale and to award costs to the parties etc.

The orders should be speaking orders and there should be clear findings based on the reasons since an appeal can be provided against the order at a higher forum in case f District Forum and State Commission. Moreover, the National Commission has observed that the Consumer Forums can grant reliefs not prayed for by the complainants provided that the same are justified on merits.

In United India Insurance v. Ajmer Singh Cotton and General Mills, it was pointed out by the Apex Court that mere execution of the discharge voucher would not always deprive the person consumer from preferring claim with respect to the deficiency in service or consequential benefits arising out of the amount paid in the default of the service rendered.

The reliefs which are provided by the Consumer forums are namely:

• Removal of defects:

The Forum may direct the opposite party to remove the defects in the foods supplied or sold by the opposite party to the complainant consumer. The Forum may pass such an order depending on the necessity to refer to the goods to the appropriate laboratory. If the latter points out any defects, the forum can issue an order to the opposite party to remove the defects from the goods in question. However, if they complained defect is not determined then the Forum should decide on the evidence provided by the respective parties and may pass appropriate order according to the norms under Sec 14 of the Act.

• Replacement of Goods:

Where it is not possible to remove the defects from the alleged products or the goods are not likely to give satisfactory performance even after the removal of the defects, then the Forum may direct the Opposite party to replace the goods. However, it shall depend on the discretion of the Forum depending on the facts and circumstances of each case.

• Return of Price:

Where it is proved that the goods are of Sub-standard quality and defective and are liable to be returned to the seller or supplier, the Forum may direct the guilty party to return the price of the product to the complainant consumer. Similarly, in case of services, the forum may ask the service provider to return the paid service charges. In Bharat Tractors v. Ramachandra Pandey, the complainant had purchased tractor from the defendant and he was charged excess price in relation to the prevailing market price fixed by the manufacturer. The State Commission ordered the refund of the excess amount with 16% interest to the complainant.

• Compensation:

Consumer disputes are generally sought by providing compensation to the aggrieved party. Generally, the compensation is awarded by the Forum only when the negligence by the opposite party and particular loss or injury to the complainant is proved.  Thus the ‘sine qua none’ of this clause is: Negligence by the opposite party and the loss or injury suffered by the consumer. In the case of Consumer Unity and Trust Society v. Chairman and Managing Director Bank of Baroda, Calcutta, the SC held that loss or injury should have occurred only when there is negligence on behalf of the opposite party. In other words, mere loss without any negligence is not maintainable for compensation. In this present case it was observed that, even if there was a loss or damage caused due to the illegal strike by the employees of the bank, it was not caused due to the negligence of the Bank. Therefore, no claim for damages or compensation was maintainable under this Act.

According to Sec 22 (b) of the Act, the National Commission has the power to issue an order to the opposite party directing him to do any one or more of the things referred to in the clauses (a) to (i) of Sec 14 (1). Where the original plea taken before the State Commission was given a go-b, before the National Commission and a new plea was taken up in the grounds of appeal, the same was not sustainable and the National Commission would be wrong to allow the appeal on such new grounds.  

IMPORTANT CASE STUDIES OF LANDMARK CASES ON CONSUMER PROTECTION ACT, 1986:

• Karnataka Power Transmission Corporation v Ashok Iron Works Private Limited [III (2009) CPJ 5 SC]:

The appellant corporation contended that the complaint filed by the respondent was not maintainable as (i) a company is not a 'person' under section 2(1)(m) of the Consumer Protection Act, 1986 (CPA); (ii) the complainant is not a 'consumer' within section 2(1)(d) of the said Act since it purchased electricity for commercial production; and (iii) disputes relating to sale and supply of electricity were not covered under 'service' under section 2(1)(o) of the CPA.

The Apex Court rejected the appellant's contention that a company was excluded from the definition of 'person'. In this, the Court relied upon the English Court decision in Dilworth v Commissioner of Stamps and its own in Reserve Bank of India v Peerless General Finance and Investment Company Limited. and Others and reiterated that the use of the word 'includes' in a statute often showed the intention of the Legislature to give an extensive and enlarged meaning to such expressions though sometimes, the context might suggest that 'includes' was designed to mean 'means.' The setting, context and object of an enactment might provide sufficient guidance for interpretation. The Court also referred to section 3(42) of General Clauses Act which defines a 'person' to include a company, etc., and went on to observe that out of the four categories mentioned in section 2(1)(m) of the CPA, the third i.e., co-operative society was corporate, which showed that the Legislature intended to include bodies corporate as well as incorporate.

Thus, in this case it was observed that the definition of 'person' was inclusive and not exhaustive. When so construed, 'any person' mentioned in the definition of 'consumer' in section 2(1)(d) would include a company. On the appellant's second contention, the Court held that the amendment to the CPA effective from 15 March 2003, excluding services availed of for commercial purposes, was not applicable to this case since the controversy related to a prior period. In respect of the appellant's third contention, the Court held that supply of electricity by the corporation to a consumer was not sale of goods within section 2(1)(d) of the CPA. For this, the Court relied upon its decision in Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector and ETIO and Others, in which the Court had held that 'supply' of electricity did not mean 'sale' thereof and a case of supply of electricity was covered under section 2(1)(d)(ii) (i.e., hiring or availing of any service) as 'service' under section 2(1)(o) meant service of any description including the provision of facilities in connection with supply of electrical or other energy. Therefore, a case of deficiency in service would fall under section 2(1)(g). The Court rejected the appellant's contention.

• HDFC Bank Limited v Balwinder Singh [III (2009) CPJ 40 (NC)]

The complaint was of the bank, or its loan recovery agent, employing musclemen to take forcible repossession of the hypothecated vehicle and thus causing physical harassment and mental trauma to the complainant. The District Forum allowed the complaint and directed the bank to pay compensation of Rs. 4 lakh for repossessing the vehicle in this manner and reselling it to a third party. The State Commission confirmed the order in appeal. Dealing with the bank's revision petition, the National Commission expressed shock that the bank had hired musclemen directly or through its recovery agents to recover the loan/repossess the vehicle. The Commission also referred to the State Commission's order, which had observed that the alleged letter produced by the bank purporting to the complainant voluntarily handing over possession of the vehicle was unreliable and that no notice was given to the complainant at the stages of repossession and sale of vehicle. In dismissing the petition, the Commission relied upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi where it had strongly deprecated such practices. The Commission dismissed the petition and awarded Rs.25,000/- as exemplary costs in this case.

Thus, in this case it can be observed that the forums strongly deprecate the practices of using muscle men by the bank to recover loans.

• Arvind Shah (Dr.) v Kamlaben Kushwaha [III (2009) CPJ 121]

The complainant alleged that her deceased son, aged 20 years and otherwise healthy, died as a result of medical negligence on the part of the appellant doctor (original opposite party) who administered wrong treatment. The State Commission awarded to the complainant a compensation of Rs. 5 lakh with interest and costs. In appeal, the National Commission, on consideration of the material on record, came to the conclusion that the two medical prescriptions, which the doctor sought to deny, could have been written only by him.

It was observed that though, in the appeal, the doctor admitted for the first time to having treated the patient; he did not produce any prescription on record. More important, the two prescriptions available on record did not mention any of the patient's complaints/symptoms, the doctor's clinical observations on examining the patient or his diagnosis of the ailment. Even the ordinary vital parameters like temperature, blood pressure, pulse rate, etc., were not noted.

The Commission observed that the Medical Council of India or the State Medical Council, with one of which the doctor had to be registered to practice modern (allopathic) medicine, required, through their respective codes of ethics/guidelines/ regulations, to make some minimal record even for outpatients.

Hence, it can be observed and understood that such a record would ordinarily include a summary of the history of illness and current complaints/symptoms of the patient and clinical observations of the doctor. If the doctor considered none of the above as essential, he would need to at least record a provisional diagnosis of the patient's ailment in the prescription while advising further diagnostic test(s) or treatment (medicines/injections). This was one of the primary duties of disclosure owed by a physician of ordinary skills to his patient.

CONSUMER PROTECTION AROUND THE WORLD

To contribute to the international dialogue on financial consumer protection the World Bank in conjunction with FinCoNet, an international cooperation platform for supervisory agencies in the area of financial consumer protection, conducted a Global Survey on Consumer Protection and Financial Literacy to collect information from financial regulatory agencies in 114 economies.

After the survey ended the result received by the World Bank was that in 112 out of 114 economies, a legal framework for financial consumer protection is in place. Legal frameworks are diffused through various laws and statutes often resulting in gaps and overlaps. The reform to rationalize and streamline legislation is ongoing in many jurisdictions. It was also observed that in 74 percent of jurisdictions, multiple regulators are involved in financial consumer protection, and in 26 percent of economies the responsibilities are shared between financial and general consumer protection authorities. The number of financial regulators dedicating resources to financial consumer protection increased between 2010 and 2013 from 68 percent to 89 percent. In more than half of economies, some financial consumer protection function is established in a unit separate from prudential supervision. The supervisors employed a broader range of compliance monitoring tools and regulatory powers were expanded to enforce financial consumer protection norms. A number of jurisdictions reformed institutional arrangements to enhance and streamline supervision of financial consumer protection.

Survey results show that institutional structures for financial consumer protection in most countries are complex and often do not fit neatly into one of these stylized models. In a large number of countries institutional arrangement is a mix among integrated single or multiple models and a general consumer protection model. The different institutional legal frameworks generally used around the world are:

• Integrated Single Agency Model:

Financial consumer protection supervision responsibilities fall under a single agency that is responsible for all aspects of supervision, including prudential, market conduct and financial consumer protection, of all supervised financial service providers operating within the jurisdiction. An example of this model is the Financial Superintendence of Colombia.

• Integrated Multiple Agency Model (Sectoral):

Financial consumer protection supervision responsibilities fall under multiple agencies that hold responsibility for all aspects of supervision, including prudential, market conduct and financial consumer protection, of financial service providers, most often separating regulatory authority over banking, insurance and capital markets. An example of this model is present in Albania where Bank of Albania is in charge of banking and non-bank financial institutions supervision, and the Financial Supervisory Authority is in charge of insurance companies, pension funds and issuance of securities

• Dedicated Market Conduct Agency Model (Twin Peaks):

Financial consumer protection supervision responsibilities fall under a single agency dedicated to broad financial market conduct supervision, separated from prudential supervision. An example of this model is the Australian Securities and Investments Commission.

• Specialized Financial Consumer Protection Agency Model:

Financial consumer protection supervision responsibilities fall under a single specialized financial consumer protection agency that does not have broader financial sector market conduct supervisory responsibilities. A country in which institutional structure approaches this model is Mexico where National Commission for the Protection of Users of Financial Services (CONDUSEF) has a responsibility for financial consumer protection and financial education across all supervised financial institutions.

• General Consumer Protection Agency Model:

Financial consumer protection responsibilities fall under an agency or agencies responsible for broader consumer protection supervisions within the jurisdiction, including other non-financial areas of activities. An example of this model is Russia where the Federal Consumer Protection Agency (Rospotrebnadzor) is responsible for consumer protection in financial services as well as for broad range of products and services.

It can be understood that through this survey that the jurisdictions should ensure that consumers have access to adequate complaints handling and redress mechanisms that are accessible, affordable, independent and efficient.

This survey helps us to understand that there has been a slow and steady growth of the Consumer Protection around the World. This is highly necessary for the better development of the people around the world as well as the rising the standard of living of the people of various countries. This survey conducted by the World Bank gives us a quite a lot of insight into the real conditions and the institutional help put forth by various countries around the world.

CONCLUSION

It can be summarized that this article deals with the importance and implementation of the Consumer rights in India. To conclude it can be said that consumer rights is highly important to every citizen in the world. After analysing the various sections of the Consumer Protection Act, 1986 we have come to learn about the different rights which the consumers are entitled to.  In the world of unfair trade practices and consumer exploitation by the businessmen it is highly important for the citizens of the country to be aware of their rights.

The author in this article speaks about the appropriate redressal agencies which should be approached by the aggrieved consumers depending upon the value of the goods or services and the compensation sought for. The author wants to suggest that the Governmental and the Non-governmental agencies should take the initiative to spread awareness about consumer rights and the protection and relief available to the aggrieved consumers especially in a country like India where maximum of the population are ignorant about their rights. This is highly important especially in the Developing economies because it not only makes their citizens ‘Smart Buyers’ but also keeps the businessmen and the merchant class on their toes. Moreover, when good quality and high standard products are used by the consumers it helps them to live a better life and helps to raise their standard of living.

On analysing the various case studies, it can be deduced that Consumer Protection has come a long way. In the recent amendment in 2002, many new rules and regulations have been added which have proved to be beneficial for the consumers. Moreover, through the landmark decisions that the Courts have come up with new understanding and new rules which marked the slow and steady growth of this Act. Therefore, we should promote Consumer Protection and Rights of the Consumers.