INTRODUCTION

Since long consumer has been a much exploited person particularly in a developing country like India characterized by scarcity of goods, tariff protected economy, wide-spread illiteracy and absence of a strong consumer movement. Adulteration, use of fractional weights and measures, misleading advertising, poor quality of goods, spurious products, etc. are some examples of practices adopted by businessmen to exploit consumers. Time and again consumer has felt cheated and frustrated. Very rarely he has sought voluntary/statutory assistance to take the exploiter to task. The consumer protection act, 1986,this law was enacted for better protection of consumers interests. It provides effective safeguards to consumers against defective goods, unsatisfactory services, unfair trade practices and other forms of exploitation.

SAILENT FEATURES OF THE ACT ARE:

It applies to all goods and services unless specifically exempted by the Central Government. It covers all sectors whether private, public or cooperative. It confers certain rights on consumers. It envisages establishment of consumer protection councils at the Central State and District levels whose main object shall be to promote and protect the rights of the consumers. The provisions of this Act are in addition to and not in derogation of provisions of any other Act.

SOME EXAMPLES OF CONSUMERS EXPLOITATION IN INDIA

Every LPG (liquid Petroleum Gas) cylinder must contains 14.2 kg . in several cases the actual weight was found to be lower. A woman was admitted to government hospital for the removal of her appendix. Instead the surgeon removed her gall blader. As a result the woman died. One manufacture used the picture of a ripe mango on the package of his artificially flavored and coloured mango drink. The picture gave the impression that it was a fruit based drink. Example:- frooti, real juice.


Total Number of Consumer Complaints Filed / Disposed since inception Under Consumer Protection Law (Update on 19.07.2010) Cases Cases Sl. disposed Cases % of total Name of Agency filed since No. of since Pending Disposal inception inception National 1 65017 56664 8353 87.15% Commission 2 State Commissions 3 District Forums TOTAL 510652 2852787 3428456 402522 2600463 3059649 108130 252324 368807 78.83% 91.16% 89.24%

Authorities set up under consumer protection Act and their Jurisdiction

Level of Authority District Forum State commission Monetary Up to 20 lakh 20 lakh to 1 crore Above 1 crore Spatial Within district Across districts Legal Original jurisdiction Appellate over the district forums, of the revisional jurisdiction Appellate over state commissions revisional jurisdiction

National commission

Across states

Composition of the District Forum

Each District Forum shall consist of 3 person committee (2 man, 1 woman). (a)A person who is qualified for a District Judge (b) Two other members are:1) A woman who shall be not less than thirty five(35) years of age. 2) A bachelors degree from a recognized university. 3) A person have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

COMMITTEE CONSISTING OF THE FOLLOWIN, NAMELY:1) The president of the state commission chairman. 2) Secretary, law department of the state member. 3) Secretary incharge of the department dealing with consumer affairs in he state member.

JURISDICTION OF DISTRICT FORUM

The district forum can certain complaints against defects or deficiencies in goods and services only where the value of goods or services is upto Rs. 20 Lakhs. 2) District forum has the powers of a civil court for enquiring into any complaint. 3) District forum includes summoning and enforcing attendance of with ness, examining them on oath, receiving documents, evidence etc. 4) The district forum can pass one or more of the following orders if the defect or compliant is proved:_ (i) To remove the defects. (ii) To replace the goods with new goods of similar description. (iii) To return the price of the product. (iv) District forum give the order of seller, manufacturer for payment of compensation.
1)

COMPOSITION OF STATE COMMISSIONS

Each state commission shall consist of 3 persons(2 man, 1 woman). 1) A person who has been a judge of a High court. Appointed by the state Government. Two others members are:1) A woman who shall be not less than thirty five(35) years of age. 2) A bachelors degree from a recognized university. 3) A person have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

COMMITTEE CONSISTING OF THE FOLLOWING, NAMELY

1) President of the state commission chairman. 2) Secretary of the law department of the state member. 3) Secretary incharge of the department dealing with consumer affairs in the state member.

STATE
1)

JURISDICTION COMMISSION

OF

THE

Complaints where the value of the goods or service and compensation, if any claimed exceeds rupees 20 lakh but does not exceed rupees 1 crore. 2) Appeals against the order of any district forum with in the state. 3) The state commission can pass one or more of the following orders if the defect or compliant is proved:_ (i) To remove the defects. (ii) To replace the goods with new goods of similar description. (iii) To return the price of the product. (iv) State commission give the order of seller, manufacturer for payment of compensation.

COMPOSITION OF THE NATIONAL COMMISSION.

The national commission shall consist of 5 members (4 man, 1 woman) 1) A person who has been a judge of the Supreme Court, (to be appointed by the central government). 2) Four person including one woman shall have the following qualification.:1) Not less than thirty-five(35) years of age. 2) A bachelors degree from a recognized university. 3) A person have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law , commerce, accountancy, industry, public affairs or administration.

COMMITTEE CONSISTING OF THE FOLLOWING

A person who has been a judge of the Supreme Court, to be nominated by the chief Justice of India. 2) The secretary in the Department of legal Affairs member, in the government of India.
1)

JURISDICTION OF THE NATIONAL COMMISSION

3) Secretary of the Department dealing with consumer member, in the Government of India.

1) Complaints where the value of the goods or services and compensation, if any claimed exceeds rupees 1 crore. 2) Appeals against the order of any state commission. 3) The district forum can pass one or more of the following orders if the defect or compliant is proved:_ (i) To remove the defects. (ii) To replace the goods with new goods of similar description. (iii) To return the price of the product. (iv) District forum give the order of seller, manufacturer for payment of compensation.

RELIEFS
Reliefs available to consumer under the act.
To replace the goods with the new goods similar description this shall be free from problems. To pay such amount as may be awarded by its as compensation to the consumers for any loss or injury suffered by the consumer. To remove the defects or deficiencies in the services. Not to offer the hazardous goods from being offered for sale. To provide adequate costs for consumers.

CONCLUSION

Protection of consumers is necessary because an average consumer is less informed and less powerful than the seller. Both voluntary measures and law can be used to protect consumers. Self-regulation, consumers associations, alert consumer protection. The consumer protection act provides for simple, speedy and in expensive redressal of consumer grievances. The act provides for setting up of district forum, state commission and national commission in addition to consumer protection councils.