Consumer Grievance Redressal under Consumer Protection Act 1986 with Special Focus on Medical Services in India

Abstract

The growing economy with great influx of trade and commerce resulted in plethora of avenues not only for marketing and selling of goods but also services. The increasing use of products and services has undoubtedly led to dissatisfaction among consumers with regard to the specification, the quality, the pricing and the intended use of the products as well as the services. This often demanded for a speedy and appropriate mechanism and forum to redress the grievances of the consumers that got to be reflected through legislation acknowledging consumer’s rights. The consumer protection has got its due acknowledgement in United States in the Federal Trade Commission Act. The section 5 of the 1938 Amendment gave broader interpretation to the meaning of “unfair meaning of completion.” The section reads as follows: “Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.”The ruling of the Federal Trade Commission as well as the Supreme Court through judicial pronouncements have included trade practices that are capable of deception and against public policy as unfair trade practices and to be dealt accordingly for the protection of the consumers. Similarly in United Kingdom, the enactment of Fair Trading Act 1973 marked the beginning of recognition of the rights of Consumers. The Act defined ‘consumer trade practice’ to mean any practice that is carried on for the time being in connection with the supply of goods or services to the consumers. In Australia, part V of the Restrictive Trade Practices Act, 1974 deals with the provisions of Consumer protection. Any offence in contravention of part V of the Act is punishable with heavy fine and the Federal Court of Australia has power to grant injunction in such matters.