Consumer Laws in India-
Although consumers are the most powerful motivating forces of production, they also happen to be the most vulnerable segment in the whole marketing system. To safeguard the interest of the consumers, the Government of India enacted the Consumer Protection Act, 1986, the Standards of Weights and Measures Act, 1976, the Prevention of Food Adulteration Act, 1954, which are comprehensive legislations to protect/safe guard the interest of consumers. The Consumer Protection Act, 1986, applies to all goods and services, excluding goods for resale or for commercial purpose and services rendered free of charge and under a contract for personal service. The provisions of the Act are compensatory in nature. It covers public, private, joint and cooperative sectors.
Under the Consumer Protection Act, 1986, a consumer is guaranteed the following rights:- (1) Right to be protected against marketing of goods and services which are hazardous to life and property; (2) Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services for protection against unfair trade practices; (3) Right to be assured , wherever possible , access to a variety of goods and services at competitive prices; (4) Right to be heard and to be assured that consumers' interest will receive due consideration at appropriate forums; (5) Right to seek redressal against unfair trade practices and unscrupulous exploitation of consumers; (6) Right to consumer education.
CLG Consumer Laws Practice:-
- Representing Clients before Consumer Forums/Commissions at all levels – District, State as well as National on various aspects of Consumer Protection Laws i.e. manufacturing defects, deficiency of services, unfair trade practices etc.
- Product Specific and industry specific Due Diligence from the point of possible liabilities under Consumer Protection Legislations
- Consultancy Services on pricing, packaging, labeling, weights and measures, storage etc. in relation to consumer goods
- Consultancy Services on food adulteration, mandatory quality standards under the Indian food quality and safety law and practice
- Strategizing ‘Legal standards and Safety measures’ programs/ schemes for consumer liability avoidance
CLG has advised Clients especially pharmaceutical companies on ‘product liability’ issues. With the current proposal to file all cases of unfair trade practices only before Consumer Forums (earlier entertained by MRTP Commission under the repealed Monopolistic and Restrictive Trade Practices Act, 1969), floodgates of ‘unfair trade practices’ complaints are expected to flow to Consumer Forums once the Competition Act, 2002 is made fully operational and the Firm is geared up to take up such tasks and render necessary professional services in this regard. |