INDIA . –The Indian legal system experienced a revolution with the enactment of the Consumer Protection Act of 1986 [“CPA”], which was specifically deigned to protect consumer interests. The CPA was passed with avowed objectives. It is intended to provide justice which is “less formal, [and involves] less paper work, less delay and less [expense]”. The CPA has received wide recognition in India as poor man’s legislation, ensuring easy access to justice. However, the CPA simply gives a new dimension to rights that have been recognized and protected since the ancient period. It is rightly said that “the present-day concern for consumer rights . . . is not new and that consumer’s rights like the right to have safe, un-adulterated and defect-free commodities at appropriate prices has been recognized since ancient times.”55 Two decades of experience with the operation of the CPA shows its popular acceptance and the legal preference of injured consumers to enforce their rights under it. The CPA commands the consumer’s support because of its cost-effectiveness and user-friendliness. In fact, the CPA creates a sense of legal awareness among the public and at the same time, brings disinterest to approach traditional courts, especially on consumer matters. It has changed the legal mindset of the public and made them think first of their remedies under the CPA, regardless of the nature of their case. In short, the CPA has instilled confidence among the “teeming millions” of impoverished litigants. The way in which the consumer fora are flooded with cases and the mode in which these cases are being disposed off creates an impression of “judicial populism” in India in the arena of consumer justice. The greatness of the CPA lies in its flexible legal framework, wider jurisdiction and inexpensive justice. One can find in the CPA a mixture of principles of torts and contracts. Simply speaking, it is “a shorthand term to indicate all the many different aspects of general law.”56 Basically, the CPA liberalizes the strict traditional rule of standing and empowers consumers to proceed under the CPA.57 Consumer groups, the central or any state government are all empowered to lodge complaints under the CPA.58 This liberalization shows the care that has been taken to represent and fight for the cause of weak, indifferent and illiterate consumers. The novelty of the CPA is the inclusion of both goods and services within its ambit. The consumer can bring suit for defective products as well as for deficiency of services.59 In the event of any deficiency, all services, whether provided by the government or private companies, can be questioned under the CPA. The CPA also liberalized rigid procedural requirements and introduced simple and easy methods of access to justice. To proceed under the CPA, the consumer need only pay a nominal fee and need not send any notices to the opposite party. A simple letter addressed to the consumer forum draws enough attention to initiate legal action. Another major procedural flexibility is the option the consumer has to engage a lawyer. If the consumer prefers, he can represent himself. The simple measures of action drive consumers to avail themselves of the benefits of the CPA. The CPA initiated a legal revolution by ushering in the era of consumers and developing a new legal culture among the masses to take recourse under the CPA regardless of their grievance. The Consumer Disputes Redressal agencies, the National Commission, the State Commission, and the District Fora are working together in a way that is revolutionizing the present Indian legal system and challenging the traditional system of delivering justice. With easy access to the courts guaranteed by the CPA, consumers now wage legal battles against unscrupulous traders or service providers without any hesitation. The Indian government is also taking an active interest in protecting consumer rights and promoting effective consumer movements. In 2003, the Planning Commission of India identified “Consumer Awareness, Redressal, and Enforcement of the Consumer Protection Act of 1986” as a priority, and as a result, a national action plan was prepared. The consumer fora created by the CPA have proven to be effective, disposing of thousands of cases with few legal formalities, and leading the way toward well-founded consumer jurisprudence in India. The traditional Indian legal system, in addition to a huge blacklog of cases, is experiencing a litigation explosion in the area of consumer protection. According to one report, the total number of consumer cases pending in different fora was 359,469 cases as of June, 2004.60 Around 45,798 cases have been filed before the national commission since its inception. At present, 8,884 cases are pending disposal.61 The huge backlog of consumer cases before consumer fora is forcing the Indian legal systems to think of “alternatives” for speedy disposal of consumer cases. India, home to the majority of the world’s consumers, is committed to working for the welfare of consumers through new legal innovations¹.

FOR ROBUST LEGAL FRAMEWORKS. -- Consumer rights awareness has evolved significantly over the years, driven by factors like globalization, increased access to information, and advancements in communication technology. As consumers become more informed about their rights, they demand greater transparency, accountability, and protection from businesses and governments.

This heightened awareness has underscored the need for a robust legal framework to safeguard consumer rights effectively. Laws and regulations must adapt to address emerging issues such as e-commerce, data privacy, product safety, and fair competition. Moreover, enforcement mechanisms need to be strengthened to ensure compliance and hold violators accountable.

In today's interconnected world, where consumers can quickly share experiences and grievances online, businesses are increasingly recognizing the importance of maintaining good consumer

relations and adhering to ethical practices. A comprehensive legal framework not only protects consumers but also fosters trust in the marketplace, ultimately benefiting both consumers and businesses alike.

'objectives of the Consumer Protection Act, 1986', it is crucial to recognize that the Act serves a broader  purpose  than  merely  providing  legal  recourse  for  aggrieved  consumers. The fundamental objectives of this Act are:

These objectives reflect the Act's dedication to not only protect consumers but also ensure they have adequate knowledge and understanding of their rights².

Overall, the 2019 Consumer Protection Act represents a significant overhaul of consumer protection legislation in India, aiming to strengthen consumer rights, enhance regulatory oversight, and provide effective mechanisms for redressal of consumer grievances in the modern marketplace.

CONSUMER GRIEVANCES. -- Understanding ‘Consumer Protection Act is applicable to’ which sectors, services, and individuals is crucial. Broadly speaking, the Act applies to all types of transactions, including online and offline, for the purchase of goods and services. Specifically, the Act applies to:

This wide applicability is significant in providing a universal set of standards and legal procedures for protecting consumer rights across India.

RELATED TO CONSUMER RIGHTS -- In many countries, constitutional provisions related to consumer rights may vary, but they generally encompass principles of equality, protection, and due process that indirectly impact consumer rights. Here are some common constitutional provisions that may relate to consumer rights:

The Law of Torts generally deals with the subject matter of dangerous goods. The leading case relating to dangerous goods is that of Donoghue v. Stevenson in which it was held that a producer sending goods into the market would be liable to the ultimate consumer if his person or property is injured by the normal use of the goods.

In this celebrated case a manufacturer who sold a substandard article to a retailer who sold it to a consumer was held liable to a friend of the consumer who after consuming it became ill, in fact, her illness was aggravated when remains of a dead snail which sprang from a bottle of drink her had already taken. This landmark decision expanded the category of a person's liability. From the producer to the ultimate consumer every person in the chain has been made liable.

In another leading case of Grant v. Australian Knitting Mills [8] liability was attached to the weavers of trousers which contain some chemical because of which the person who wore those trousers had the problem of dermatitis (skin disease)

consumer has the right to be informed about the quality, quantity, potency, purity, standard and price of goods or service, as the case may be, he buys or avails of. Right of information has been given to the customers to protect them from unfair trade practices. The term unfair trade practice has been described in Section 2 (1) (r).

Unfair trade practices include a false representation that goods or services are of particular standard, quality, grade etc.; any false warranty or guarantee of performance of the goods or services; publication of advertisement for sale or supply of goods or service at a bargain price that is not intended to be offered for sale or supply at the bargain price; offering of gifts, prizes or other items with the intention of not providing them as offered or creating an impression that something is being offered free of charge when it is not so in reality.

The case of Consumer Protection Council v. National Dairy Development Board can be usefully cited here. In this case, the complainant wanted to know that how the dairy board was using the imported palmolein oil but the Board was not furnishing the requisite information because according to it the figures were privileged from disclosure in the public interest. It was held that the complainant had the right to information.

In India photographic Co v. HD Shourie, an importer of films was not able to print prices on films because the nature of his trade did not permit him to open packages. Therefore, he was directed to make a condition of attaching price tags to each itern before selling them to his retailers. Similarly, when Rs.88/- was charged for an article which showed the price Rs.75 inclusive of taxes the buyer was given compensation for Rs.500/-.

In cases of unfair trade practices, the consumer may apply either the Monopolies Commission under the MRTP act or to the Forum constituted under the Consumer Protection Act, 1986.

Every consumer has a right to access variety of goods and services at competitive prices. This can be done only when there is an organization of market and fixation of market prices in such a

way that all dealers are supplied with variety of goods for benefit of the consumer and the goods are being offered at competitive prices

This responsibility of bringing organization of market and market prices has been cast upon the Central Consumer Protection Council by the Act. Certain liberty has been given to the shopkeepers in respect of marketing so that goods and services of variety may become available at competitive prices.

When a matter is brought to the notice of the Monopolies Commission that a shopkeeper is insisting upon his customers to buy goods of one sort only, leaving them with no choice, the Commission will inquire into whether the shopkeeper is tied up by a producer so that it can liberate him to have his choice as to stock-in- trade. This power has now also been given to the Central Consumer Protection Council by s. 6(c).

Every customer has the right to be heard and received due consideration at appropriate forums. The Central Consumer Protection Council has been charged with the responsibility of ensuring that each customer dispute and disagreement is heard properly and of assuring that consumer's interest will receive due consideration at appropriate forums.

When goods are marketed with ISI mark but in reality they do not correspond with the requisite standard, where the money for the purchase of a car is deposited in advance but no car is given within the prescribed time, where the lawn is booked for marriage on non-refundable deposit but on the rescheduling of the marriage date the lawn is not made available for marriage when in fact it was free that day, selling old renovated goods as knew, selling oil which can cure baldness or medicines or which can cure leucoderma when in fact they are not capable of curing these problems, are all included in unfair trade practices.

6. Right to Consumer Education:

Every consumer has a right to education which means that every consumer must be made aware of his rights as well as his legal remedies. As VM Shukla has observed in the preface of his book Legal Remedies that where people do not exercise their legal remedies, the system of remedies tends to become rusted. People should have knowledge of their rights and the availability of legal remedies when such rights are curtailed.

By section 6(f) the Central Consumer Protection Council has been charged with the responsibility of providing proper education to the people in terms of their remedies under the

Consumer Protection Act. Every individual is a consumer. When all of them are made aware of their rights, they may help themselves against exploitation by manufactures and traders⁵.

While there are differences in approach and specifics, consumer protection laws across jurisdictions aim to safeguard consumer interests, promote fair trade practices, and provide effective mechanisms for redressal of grievances in the marketplace.

Overall, regulatory bodies like CPCs and NCDRC are essential components of the consumer protection framework in India. While they have made significant contributions to advancing consumer rights and resolving disputes, there is room for improvement in terms of resource allocation, capacity building, and procedural reforms to enhance their effectiveness and ensure better protection for consumers.