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Consumer Rights and Protection in India
By Mohammed Kamalun Nabi , Mohammed Irshadun Nabi

First Published : 2015
ISBN : 9788177084009
Pages : 282
Binding : Hardbound
Size : 5 x 9
Price : US$ 54
ABOUT THE BOOK

The consumer protection policy creates an environment whereby the clients and customers receive satisfaction from the delivery of goods and services needed by them. One of the disquieting features of the Indian democracy, even after 67 years of Independence, is that an average Indian consumer continues to be in a pitiable condition due to poverty, illiteracy, ignorance and general apathy. Adulterated food, spurious medicines, and sub-standard domestic appliances are pushed over the counter with ease. Glossy and unethical advertisements appear in the print and electronic media. Ironically, it all happens in a country where, in ancient India, Kautilya in his epoch making Arthasashtra had advocated for fixing of responsibility on the State for safeguarding the interests of the consumers.

    When it became imperative to protect the consumers from adulterated, sub-standard goods and deficient services and also to provide relief by way of compensation, the Consumer Protection Act was enacted in the year 1986. This Act was enacted with the objective to provide better protection to the consumers against the fraudulent practices of suppliers. The Act provides for effective safeguards for consumers against various types of exploitations and unfair dealings, relying on mainly compensatory rather than punitive or preventive approach.

The present work explains and examines the rights of the consumers and the protective measures adopted in India and other countries. It specifically deals with the statutory measures for redressal of consumer grievances provided under the Indian Consumer Protection Act, 1986.


CONTENTS
     

1. Consumer Rights and Protection: An Introduction
1.1 Introduction
1.2 Definition of the Term Consumer
1.2.1 Recent Definitional Developments
1.3 Need for Consumer Protection
1.4 Causes of Consumer Exploitation
1.4.1 Poverty and Ignorance
1.4.2 Lack of Information
1.4.3 Lack of Grievance Redressal
1.4.4 Sales Promotion Methods
1.4.5 Unfair Trade Practices
1.4.6 Adulteration
1.4.7 Monopoly
1.4.8 Legal Doctrines and Principles
1.4.9 Privity of Contract
1.4.10 Caveat Emptor
1.4.11 Inaccessibility to Law
1.5 Law as an Instrument of Protection

2. Review of Literature on Consumer Protection

3. Consumerism and Consumer Protection
3.1 Introduction
3.2 What is Consumerism?
3.3 Consumerism, Consumer and Business
3.3.1 Product Policy
3.3.2 Pricing Policy
3.3.3 Advertising Policy
3.3.4 Distribution Policy
3.4 Consumer Movement
3.4.1 Objectives of Consumer Movement
3.5 Consumer Policy

4. Consumer Movements in Select Countries
4.1 United States of America
4.1.1 First Period of Consumerism (1890-1915)
4.1.2 Second Period of Consumerism (1933-1940)
4.1.3 Third Period of Consumerism (1962-1977)
4.1.4 Decline and Rebirth of Consumerism in the 1980s
4.1.5 Waves of Western Consumerism
4.2 United Kingdom
4.3 France
4.4 Canada
4.5 European Union
4.6 Russia
4.7 Denmark
4.8 Norway
4.9 Japan
4.9.1 Consumer Protection Administration in Japan
4.10 South Korea
4.11 China
4.12 Malaysia
4.13 Pakistan
4.14 Latin American Countries
4.15 South Africa

5. Consumer Protection in India
5.1 Consumer Protection in Ancient India
5.1.1 Manu Smriti
5.1.2 Kautilya’s Arthasastra
5.2 Consumer Protection in Medieval and Modern India
5.2.1 Pre-Independence Era
5.2.2 Post-Independence Era
5.3 Legislative Protection
5.4 Impact of Movements in Other Countries
5.5 Indian Consumer Protection Act, 1986: New Legal Culture
5.6 Some Important Consumer Organisations
5.7 Achievements of the Consumer Movement
5.8 Consumer Movement and Protection in Odisha
5.8.1 Leading Voluntary Consumer Organisations in Odisha

6. Pre-Independence Consumer Protection Legislations
6.1 Introduction
6.2 Indian Penal Code, 1860
6.3 Indian Contract Act, 1872
6.3.1 Standard Form of Contract
6.3.2 Exemption Clause
6.3.3 Effect of Statements Made to a Consumer
6.3.4 Commendatory Puffs
6.3.5 Misrepresentation
6.3.6 Manufacturer’s Contractual Liability for Negligence
6.4 Usurious Loans Act, 1918
6.5 Sale of Goods Act, 1930
6.6 Law of Tort
6.6.1 Product Safety
6.6.2 Defective Services
6.6.3 Advertising Law
6.6.4 Product Quality
6.7 Agricultural Produce (Grading and Marking) Act, 1937 (AGMARK)
6.7.1 AGMARK Specification
6.7.2 Purpose of Grading and Quality Control
6.7.3 Need for Revision in Grade Specifications
6.8 Drugs and Cosmetics Act, 1940
6.8.1 Important Provisions

7. Post-Independence Consumer Protection Legislations
7.1 Prevention of Food Adulteration Act, 1954
7.1.1 Salient Features of the Act
7.1.2 Important Provisions
7.2 Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
7.2.1 Important Provisions
7.3 Essential Commodities Act, 1955
7.3.1 Important Provisions
7.4 Drugs (Control) Act, 1950
7.5 Indian Medical Council Act, 1956
7.5.1 Important Provisions
7.6 Standard of Weights and Measures Act, 1976
7.7 Bureau of Indian Standards Act, 1986
7.7.1 Important Provisions
7.8 Railways Act, 1989
7.8.1 Important Provisions
7.9 Air (Prevention and Control of Pollution) Act, 1981
7.10 Hire Purchase Act, 1972
7.11 Code of Criminal Procedure, 1973
7.12 Environment (Protection) Act, 1986
7.13 Export Quality Control and Inspection) Act, 1963
7.14 Protection of Civil Rights Act, 1955
7.15 Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980
7.16 Trade and Merchandise Marks Act, 1958
7.16.1 Deceptive Similarity
7.16.2 Penalty
7.17 Specific Relief Act, 1963
7.18 Monopolies and Restrictive Trade Practices Act, 1969
7.18.1 Deemed Restrictive Trade Practices
7.18.2 Unfair Trade Practices
7.19 Consumer Protection Act, 1986

8. Consumer Protection Act (CPA), 1986: Provisions and Enforcement
8.1 Introduction
8.2 Main Objectives of CPA
8.3 Procedure under CPA
8.4 Complaint to Consumer Forum
8.4.1 Who Can File a Complaint?
8.4.2 Who is a Complainant?
8.4.3 What is a Service?
8.4.4 Deficiency in Service
8.5 Restrictive and Unfair Trade Practices in CPA
8.5.1 Restrictive Trade Practice
8.5.2 Unfair Trade Practice
8.6 Consumer Forums under CPA
8.7 Establishment of Consumer Disputes Redressal Agencies
8.7.1 Consumer Disputes Redressal Forum
8.7.2 Consumer Disputes Redressal Commission
8.7.3 National Consumer Disputes Redressal Commission
8.8 Consumer Protection Councils
8.8.1 Central Consumer Protection Council (Sections 4 to 6)
8.8.2 State Consumer Protection Councils (Sections 7 and 8)
8.8.3 District Consumer Protection Council

9. Service Sector Redressal and Consumer Protection
9.1 Introduction
9.2 State Commissions/District Forums in India
9.3 Consumer Complaints Filed/Disposed of at Different Levels
9.4 Cases Filed/Disposed of/Pending in the National Commission and State Commissions
9.5 Cases Filed/Disposed of/Pending in the District Fora

10. Consumer Protection Act: Appraisal, Conclusions and Suggestions
10.1 Appraisal of Consumer Justice, Consumer Protection, Consumerism and Consumer Movement
10.1.1 Constitutional Basis of Consumer Protection
10.1.2 Consumer Forums
10.2 Conclusions
10.3 Suggestions
10.3.1 Spreading Awareness among Consumers
10.3.2 Strengthening the Legislation
10.4 Challenges Ahead

Bibliography

Index


ABOUT THE AUTHOR
     

Dr. Mohammed Kamalun Nabi is currently an Assistant Professor in the Department of Commerce and Business Studies, Jamia Millia Islamia Central University, New Delhi. He has to his credit 4 books and 50 research papers published in leading journals and periodicals. He specializes in consumer behaviour, advertising and services marketing.

 Dr. Mohammed Irshadun Nabi is presently posted as a Senior Civil Judge in Cuttack, Odisha. He is a gold medal awardee from Berhampur University, Berhampur, Odisha for having topped the LL.M. examination. He also holds Masters Degree in Industrial Relations and Personnel Management from Berhampur University and Ph.D. in Law from Fakir Mohan University, Balasore, Odisha. His areas of interest include civil, criminal and consumer laws.

 Professor Kishore C. Raut is the senior most faculty and presently head of the Post-graduate Department of Commerce, Berhampur University, Odisha. He has published 80 research articles in various journals of national and international repute. His areas of research interest include consumer behaviour, advertising, services marketing and bank management.


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