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A brief about the consumer safety and powers under the consumer protection act
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The basic aim of making consumer protection act 1986 as nothing but to answer grievances of consumers. Stop and curb exploitation of consumers by sellers is another aim of COPRA 1986 =. This act gives six rights to consumers namely
a. Right to Safety b. Right to be Informed c. Right to Choose d. Right to be heard e. Right to seek Redressal f. Right to consumer education
Right to Safety means every consumer has right to get good quality goods and services. Seller must give all information what buyer asks regarding the goods which he is buying, this is known as Right to be informed. Right to choose means consumer must choose product which he/she wants to buy. Nobody can force him/her. Under right to be heard a consumer has the right that his/her complaint would be heard. Right to seek redressal provide compensation to consumers against unfair trade practices. This act gives provisions for formation of consumer courts at State, district and National level. Consumer protection act 1986 also ask judges who sit in a consumer court to wear normal clothes other than white shirts, black paint and black gown. The reason for such provision is that consumer will find it friendly and they can share their problems easily. Jurisdiction of various consumer courts are
a. District Consumer Courts (up to 20,00,000) b. State Consumer Courts (20,00,000 lakhs and above but less than 1 crore) c. National Consumer Court (1 crore and above)
Consumer Courts may ask seller to repair defects in goods and services. These courts may punish sellers who exploit consumers.
Now the big question is that despite having such a good legislation why consumers are exploited. If you will try to find out, then emerging answer would be majority of people in our country are illiterate. Even though literate’s ones are not aware about their rights, then how can you expect illiterates to be some much aware about their rights. In India people
don’t care to check the pros and cons of a product which they are buying. Many people don’t try to enforce their rights in courts as they don’t like to waste their time for court proceedings. In India people think that people having some criminal background only visit court. A middle class man will think hundred times before going to the court. Some consumers don’t file case against corrupt sellers because of friendships or any other relations. Indians (especially people living in rural areas) think out of court settlement as a best way out to solve disputes. Many a time they try to settle cases like murder and rape outside the court. The fault of our administrative system also contribute for the failure of Consumer Protection Act 1986. If a consumer wants to lodge a complaint in District Court, then he is supposed to pay bribe to the clerk for doing so or else he has to wait for some days to lodge his complaint. After the case is registered then you have to show your face before the court for some years after which judgement will come. Implementation of judgement will again take some time. So ultimately the aggrieved consumer is not getting any justice as Justice delayed is justice denied. Muscle and money power of seller also act as a hurdle in the path of justice towards the aggrieved buyer. Buyer sleep over their right and ultimately they give defence to the wrong-doer. The reason for this is time period fixed by law for filing cases. Most of the buyers don’t buy goods and services without proper receipt and other necessary documents. Lack of such receipt and other necessary document result in the lack of evidence for which justice can’t be delivered to the aggrieved buyer. “ Caveat Emptor ” rule. It means let buyer be aware. Buyers don’t care to check expiry date and quality of the product which they are buying. If you are not vigilant as to what you are buying, then nobody can protect you.
After knowing hurdles in the path of proper implementation of COPRA 1986 we must find a solution to all these problems. First we have to increase literacy level. In literacy we must make people more vigilant towards their rights. Consumer awareness drive is the best way out to make people aware about the COPRA Act and its features. We must try to remove a myth that court is only for bad people. People must grow up from their status oriented thinking which stops them from going before the court. We must make our administration free from corrupt practices. More and more number of judges must be employed in consumer courts for giving justice fastly. Police must protect consumers from Muscle and Money power of sellers. Aggrieved buyer must not allow their relationships and affinities to come in the path of getting justice. Food inspectors must be more vigilant to cease licence of hotels providing bad quality food. Judiciary must check the concept of settlement before a panchayat. We must try to make atmosphere of consumer courts more consumer friendly. It is a common scenario that whenever an illiterate person visits court either he will be in fear or he will be hesitating to share his/her problem before the court. In my opinion unless and until we destroy this kind of fear we can’t give justice to the illiterates.