The Consumer Protection Act 1986 (COPRA)
Nowadays, the consumers’ grievances and
dissatisfactions grow largely. Consumers themselves did not have any effective
mechanism or institutional arrangement for the speedy redressal of their
grievances. Lack of effective popular movement isolated the consumer and so his
plight is increased. Sensing the pressure mounting from various consumer
protection groups and consumers themselves, the Central Government enacted a
comprehensive law called the Consumer Protection Act in 1986. This Act came
into force with effect from 15.04.1987. This Act was further amended in 1993.
The Act is referred in short as ‘COPRA’.
The Consumer Protection Act 1986 seeks to protect
and promote the interests of consumers. The act provides safeguards to
consumers against defective goods, deficient services, unfair trade practices,
and other forms of their exploitation. The object of the act is to provide for
the better protection of the interests of the consumer courts for the
settlement of consumer’s disputes and all matters connected there with. The
Consumer Protection Act is of great importance. It is the latest to be adopted.
It is applicable to public sector, financial, and cooperative enterprises.
Recently even medical services have been brought under its scope. The Act shall
apply to all goods and services across board.
The Consumer Protection Act 1986 does not create
rights or liabilities, but it has emerged as new forum for the settlement of
disputes relating to the sale of goods or services. The loss claimed by the
consumers must be a loss resulting from on some “deficiency of service” or
“defect in the goods.” The Act provides for the setting up of a three
tier-machinery, consisting of District Forums, State Commissions, and the
National Commission. It also lays down rules for formation of consumer
protection councils in every District and State and at the apex level.
The salient features of the Indian Consumers
Protection Act, 1986 are listed below
i. Protecting consumers against products and
services which are harmful to the health of consumers.
ii. Protecting consumers from the breach of
contract by sellers /manufacturers.
iii. Ensuring consumers with supply of goods at
fair quality.
iv. Safeguarding consumers against misleading and
untrue messages communicated through advertisement.
v. Ensuring that consumers are charged fair price.
vi. Ensuring uninterrupted supply of goods.
vii. Ensuring the availability of goods in correct
quantity and right size.
viii. Protecting the consumers against unfair trade
practices of unscrupulous trader
xi. Protecting the consumers against pollution of
various kinds
x. Protecting consumers against the evil effect of
competition.
Consumer protection has a wide agenda. It not only
purports to educate consumers about their rights and responsibilities, but also
helps in getting their grievances redressed. It provides judicial machinery for
protecting the interests of consumers to come together and organise themselves
into consumer associations for protection and promotion of their interests.
Consumer protection has a special significance for business too.
Following are the objectives of Consumer Protection
act 1986
i. Protection of consumers against marketing of
goods which are hazardous and dangerous to life and property of consumers.
ii. Providing correct and complete information
about quality, quantity, purity, price and standard of goods purchased by
consumers.
iii. Protecting consumers from unfair trade
practices of traders.
iv. Empowering consumers to seek redressal against
exploitation
v. Educating the consumer of their rights and
duties
vi. Ensuring better standard of living for
consumers by providing them with quality products at fair price.
vii. Putting in place right mechanism like councils
and other authorities to enable the consumers to enforce their rights.
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