Right To Safety: A critical Approach

Chapter 1

Synopsis

Introduction
The doctrine of Caveat emptor, namely, let the buyer beware prevailed, still several legislations
were enacted to protect the consumer’s rights like Prevention of Food Adulteration Act year,
Essential Commodities Act year, MRTP Act year, The Standards of Weights and Measures Act,
1976,etc.While these legislations were enacted to protect the consumers from unfair trade
practices, nevertheless, these legislation never proved adequate to promote consumer awareness
and compensate them for their complaints. English Law of Torts, though to some extent provided
redressals, it was nevertheless insufficient to Indian conditions. With the enactment of Consumer
Protection Act, 1986, the scenario has undergone a change. The Indian Parliament enacted this
legislation in December, 1986. It came into force on April 15, 1987. In July 1987, all the
provisions came into operation.

This Act is a very unique and highly progressive piece of social welfare legislation and is
acclaimed as the Magna Carta of Indian Consumers. The Act has made the consumer movement
really going and more powerful, broad-based and effective and people oriented. In fact, the Act
and its amendment in 1993 have brought fresh hopes to the beleaguered Indian Consumer. This
is the only law which directly pertains to market place and seeks to redress complaints arising
from it. In fact, this legislation provides more effective protection to consumers than any
corresponding legislation in force in advanced countries.

The enactment of the Consumer Protection Act, 1986 has been aimed at providing simple, quick
and cheaper protection to the consumers under a three – tier quasi judicial redressal regime at the
district, state and national levels.

Literature Review

The object of the legislation, as the preamble of the Act proclaims, is for better protection of the
interests of consumers. The Supreme Court in Lucknow Development Authority v. M.K. Gupta,
(1994) 1 SCC, held that the Act has to be construed in favour of the consumer to achieve the
purpose of the Act, as it is a social benefit legislation. In J.J. Merchant v. Shrinath Chaturvedi,
(2002) 6 SCC 635, the Apex Court has held that one of the main objects of the Act is to provide
speedy and simple redressal to consumer disputes.

The researcher has reflected upon the bare act, and the standing committee report, and the above
mentioned cases.
Statement of the problem

The following are the main objects of the Act:

1. Protection of interests of consumers: The law of consumer protection is designed to

protect the common man from wrongs for which the remedy under the ordinary law had
become illusory. According to the Supreme Court, “The importance of the Act lies in
promoting the welfare of the society in as much as it attempts to remove the helplessness
of a consumer which he faces against powerful business described as a ‘network of
rackets’ or a society in which “producers have secured power to rob the rest”, and the
might of public bodies which are degenerating into storehouses of inaction”. 1

Research Objectives

 To identify whether the act has any loopholes or shortcomings.

 To suggest any further changes for the betterment.

Research Questions

 Whether there are any loopholes or shortcomings in the right.

 Whether any amendment can be introduced for the betterment of the consumer right to
safety.

Methodology

The methodology followed by the researcher was descriptive & doctrinal, and referred to
primary sources like legislation, bills, acts and secondary sources like books, articles, cases and
legal internet sites. The bare act of the law has played a vital role in bringing out the research
paper.

Hypothesis

The paper will elaborate the description of the consumer rights by throwing light by doing an
objective study of the topic.

Also the paper will discuss various changes to the act brought by different amendments.

1
Lucknow Development Authority v. M.K. Gupta (1994) , 1 SCC 243