Abstract

The topic of the paper is based on a study done for GIZ, the German developmental agency concerning the improvement of consumer protection in India by the combined use of preventive and remedial justice which is possible under the Indian Consumer Protection Act (CPA) but not adequately implemented. The paper takes as a starting point Hans Micklitz’ concept of a “movable system of consumer law”, developed in the EU context whereby remedies under unfair commercial practices and unfair contract terms legislation should be applied in combination and not be separated into different “legal boxes” each following its own logic. The consequences of such an approach for rethinking Indian consumer law are presented with some reform proposals to be undertaken by the Indian legislator.

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