Consumer Protection Act, 1986

Contents: Preface. I. Introduction: 1. Introductory. 2. The concept of a 'consumer'. 3. The rationale of consumer protection. 4. Studies on consumer protection. 5. Plan of the book. II. The problem of consumer protection in India : a historical perspective: 1. Ancient Indian consumer protection jurisprudence. 2. The post-independence scenario. 3. International developments and their impact on India. III. The consumer protection act, 1986: objects, terminology and salient characteristics: 1. The consumer rights under the 1986 act. 2. Terminology and salient characteristics of the act: i. 'Complainant' and 'complaint'. ii. The concept of 'consumer' under the 1986 act. iii. The concept of 'consumer dispute' under the 1986 act. 3. Jurisdiction of CDRAs vis-a-vis courts and tribunals. 4. Consumer protection councils: i. The central consumer protection council. ii. State consumer protection councils. IV. Redressal mechanisms under the consumer protection act, 1986: 1. The district forum: i. Composition of the district forum. ii. Jurisdiction of the district forum. 2. The state commission: i. Composition of the state commission. ii. Jurisdiction of the state commission. 3. The national commission: i. Composition of the national commission. ii. Jurisdiction of the national commission. 4. Grievance redressal procedure of CDRAs: i. Complaint procedure for district forum and state commission. ii. Complaint procedure for the national commission. 5. Remedies available to consumers under the 1986 act. 6. Powers of the consumer disputes redressal agencies. 7. Limitation for filing complaints before the CDRAs. 8. Administrative control. 9. Dismissal of frivolous or vexatious complaints. 10. Enforcement of orders of the CDRAs and penalties. V. Increasing ambit and amplitude of the consumer protection act, 1986: 1. The consumer protection act and the medical profession: i. Services rendered by government hospitals. ii. Services rendered by private medical practitioners and hospitals. iii. Arguments for and against the governance of the medical profession by the consumer protection act 1986. 2. The consumer protection act and educational services. VI. New developments and emerging trends in consumer protection jurisprudence in India: 1. Consumer protection and social action litigation: i. Development of social action litigation in India. ii. Social action litigation and consumer protection. iii. SAL cases on consumer protection and the main issues involved. 2. Consumer protection mechanism and environmental litigation: i. Environmental issues under consumer law. ii. Case law and policy implications. 3. Consumer protection and business self-regulation: i. Business self-regulation in India before 1986. ii. Consumers' interests and business response: the recent case law. iii. Business self-regulation: the post-1986 scenario. 4. Awards of exemplary damages by the consumer forums. VII. Non-legal measures for consumer protection: 1. Consumer education: i. Object and purpose of consumer education. ii. Role of state agencies in consumer education. iii. Role of consumer organisations in consumer education. iv. Role of consumer advocates in consumer education. 5. Role of media in consumer education. 2. Lobbying and consumer advocacy. 3. Consumer boycotts. 4. International co-ordination: i. United Nations and the guidelines for consumer protection. ii. International Organisation of Consumers Unions (IOCU). VIII. Conclusion and suggestions: Table of statutes. Table of cases. Appendices. Bibliography. Index.

"The enactment of the Consumer Protection Act, 1986, a milestone in the history of socio-economic legislation in India, has considerably consolidated the process of consumer protection and has given rise, during the past few years, to a new consumer jurisprudence. The act introduced a three-tier quasi-judicial consumer disputes redressal mechanism at the district, state and national level for dispensing inexpensive and time-bound consumer justice. Though passed in 1986, its effective implementation started only in 1990 when the institutions envisaged under the act were established throughout the country, thereby enabling a large number of consumers and organisations to approach these forums for the redressal of their grievances. This has contributed to the growth of consumer organisations, the emergence of specialised consumer law reports and a much higher profile for consumer protection in India than ever before. These new developments have also been assisted by the liberalisation of the traditional rules of locus standi in Indian law leading, inter alia, to a spurt in consumer-oriented social action litigation, an increased amount of business self-regulation--both by the public as well as the private sectors--and the emergence of environmental litigation as part of consumer protection.

 

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