Protection of Consumers' Right Through Judicial and Extra Judcial Mechanism in India

Abstract

The battle for consumer protection has to be fought by many agencies. The Government has to play an important role, by enacting suitable laws and enforcing them effectively. India has been observing 15th March since 1989 as the National Consumers‘ Day. This day has a historic importance as it was on this day in 1962, that the Bill for Consumer Rights was moved in the US Congress. Steps have been taken by the Government of India by way of enactment of various Acts and other measures to help consumers. Indian Penal Code, Standards of Weights and Measures Act, Motor Vehicle Act, are some of the Acts. Despite these Acts, the fact remains that very little could be achieved in the field of consumer protection. A major breakthrough came during 1986 when Parliament passed a law for Consumer Protection Act -1986. Three-tier quasi-judicial machinery at the district, state and national levels was set up with a view to provide speedy and simple redressal to consumer disputes. The District Forum deals with the cases involving claims upto Rs. 20 lakhs, the State Commission between Rs.20 lakhs to one crore and the National Commission deals with the cases involving claims exceeding Rs. one crore. The objective of the consumer courts is to ensure speedy justice to the consumers against various malpractices and negligence without involving any cost, as no court fees is charged. Consumer courts have been set up as special courts, as it was expensive and time consuming to get justice through civil courts. The Consumer Protection Act, which has been defined as - the Magna Carta of Consumers‖, spells out six consumer rights: Right to Safety, Right to Information, Right to Choice, Right to Representation, Right to Redress, and Right to Consumer Education. India has the biggest consumer movement today due to the efforts of consumer organisations and the establishment of consumer courts. India is the only country in the world which has exclusive courts for consumer redressal. This has been internationally praised including the developed countries. The Consumer Protection Act (COPRA) has succeeded in bringing about fair play in the supply of goods and services to a large extent. The Act applies to almost all goods and services. Still, the present scenario is not very encouraging. Unfortunately the consumer courts have become replica of legal courts, as the procedure is no longer simple and quick. The consumer redressal process is relatively cumbersome and more expensive and time- consuming than desired. The process involves engaging a professional personnel, requires time for filing the case and attending the court proceeding and certain other formalities like producing the bill, warranty cards etc. These procedures need to be made simpler and quicker for making the process more meaningful and realistic.