case study on consumer rights exploitation

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Consumer Protection Legal Measures of, Issues and Analysis through Case studies

Consumers are to market what citizens are to a democracy. As the world is contracting into a global village with enhanced communication technology and diminishing role of political state, the market is gaining prominence. The markets forces are reigning over the geographical and socio political boundaries and bringing together the globe under one force - The free market. This paper presents the legal framework in India for the consumer protection, highlights the key issues of consumer protection and critically analyse the legal measures through case studies to present arguments.

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Indian market today is dominated by the consumerism, particularly after a decade from economic reforms process. It is gradually being transformed from a predominantly sellers market to a buyers market where exercised choice by the consumers depends on their awareness level. Consumer rights could be protected in a competitive economy only when right standards for goods and services for which one makes payment are ensured by evolving a network of institutions and legal protection system. Ensuring consumer welfare is the responsibility of the government as every citizen of the country is a consumer in one way or the other. The present paper attempts an analytical, critical and synthetic examination of "consumer protection in India".

Studies in Social Science Research, 2020

Consumer Protection Policy creates an environment where consumers receive satisfaction from the goods or services availed by them. One of the disquieting features of consumerism is that an average consumer continues to suffer due to poverty, illiteracy, ignorance or general apathy. Adulterated food, spurious medicines and substandard domestic appliances etc., are pushed over the counter with ease. Glossy and unethical advertisements are published in the print and electronic media with intent to allure and dupe gullible consumers. So, it becomes imperative for the State to initiate steps for safeguarding the interest of consumers by enacting suitable legislations. The present study is a modest attempt at ascertaining the need for consumer protection, identification of factors responsible for exploitation of consumers, and the role law can play in protecting consumer rights visa-a-vis the vendors and in striking a balance between the interests of the two.

Journal of Law of Torts and Consumer Protection Law Vol. 4, Issue 1, 2021 Page No 30-39., 2021

No economy can flourish without the rights of the consumer being protected. A patron is an indispensable actor of any economy as he is the person who buys or hires goods or services from the seller and in turn boosts employment in the country. Thus, protecting the rights of the consumer is important because in the present times the demands and expectations of the consumer have changed due to globalization and growing awareness. However, the availability of a large number of goods and services sometimes proves to be harmful to the consumer as not all sellers and service providers are genuine. A new section in Consumer Rights in India has all started with the Parliament passing the Consumer Protection Act, 2019 and repealing the Consumer Protection Act, 1986 making the Consumer extra effective than before. The principal spotlight of the Consumer Protection Act, 2019 is that it establishes a Central Consumer Protection Authority which acts as a regulatory frame to "promote, protect, put in force customer rights as a class." A clean shift from Caveat emptor (allow the client to be aware) to Caveat venditor (allow the vendor to be aware) may be visible within side the new provisions because the unfair change practices and fraud achieved via way of means of the vendor will now be penalized. The contemporary Act additionally makes provisions for punishment concerning unfair exchange practices and deceptive commercials and plenty of greater modifications which hold the rights of the patron updated with the modern modifications within side the market.

Journal of Law and Conflict Resolution, 2015

We are living in a highly materialised, commercialised and consumerist way of life. The rising opportunity of earning and easy accessibility of modern markets has given meteoric pace to production and consumption. The modern day scientific and technological advancements have further intensified consumerism. But these developments have also provided greater space for financial deceptions and fraudulent transactions. In most simple terms, a seller sells a product to a buyer, the buyer finds the product not to be up to his satisfaction, some would say it is a mere co-incidence but is it so? In the absence of definitive statistics, the instinct of a consumer living in a capitalist society would lead one to wonder if the seller intentionally did or did not do something that led to a compromised consumer satisfaction. The need for the protection of the rights of the consumer also demands greater concern of the policy makers, quasi- judicial bodies and non- governmental organisations in this new age of commercialisation. This paper focuses on the statutory protection provided to the consumers in India, consumer services, penalties and issues of fairness and transparency.

International Journal of Scientific Research and Management

The industrial revolution in the international trade and commerce has brought a boom in the corporate sector, which results in a diversity of consumer goods to achieve the needs of the consumers and a mass of services have been made accessible to the consumers. But this industrial revolution had some disadvantages to the customer as it affected the business sovereignty. After independence, many laws were enacted in India for safeguarding innocent customers from unfair and restrictive trade practices sort of a false and dishonourable description regarding the character and quality of the goods. The year of 1986 witnessed, in the history of consumerism, the enactment of the Consumer Protection Act. The first ever legislation in India of its kind which solely aimed at the suffering taken consumers who are the victims of the unfair trade practices and sub-standard services rendered to them. The Objective of the Consumer Protection Act is to provide simple and speedy ...

The protection of the interests of consumers is a central aspect of all modern competition laws as well as a direct aim of consumer protection laws. However, despite being complementary in many ways, competition and consumer protection laws cover different issues and employ different methods to achieve their goals. While consumer protection rules are built upon the premise that consumers are the weaker party to transactions and should be directly protected for this reason in their dealings with traders through certain consumer rights, competition law only indirectly protects the consum-ers' economic well-being by ensuring that the markets are subject to effective competition. This article explores the interplay between consumer protection and competition law in the Indian context with some comparison with the EU position, where relevant. After an examination of the relevant legislation and case law, the article finds that given that the mandate of the Competition Commission of India is to prevent practices having an adverse effect on competition, in cases of overlap between consumer protection and competition laws, the Authority should act only on the basis of adverse effects on competition. The treatment of 'unfair trade practices' is used to demonstrate the appro-priateness of this approach. K E Y W OR D S : competition law, consumer protection law, unfair trade practices, restrictive trade practices, India J E L C L A S S I F I C A T I O N S : K21

Every individual is a consumer and always depends upon many goods and services. Consumer play vital role in attaining the success for any business. The Educated and aware consumer is always an asset for the nation. Consumers are availing many services and buying different goods in many different ways through offline and online which are increased the fraud and misleading cases in India. Here comes the role of consumer forums and consumer councils in safeguarding the consumer rights and benefiting the consumers with the right products and services. The government established consumer forums at district, state and central level to protect the interest of consumers and providing justice to them. As the India is booming market place, different companies are up with different types of products, services and technologies. Even though there are many Acts for protecting consumer rights still some companies are misleading the consumers with fraudulent and fake information. This paper focused on the different initiatives taken by consumer forums and councils in protecting and the consumer rights. And also addresses importance of the consumer councils and forums in safeguarding the consumer rights.

A consumer is said to be a king in a free market economy. The earlier approach of caveat emptor which means, "Let the buyer beware", has now been changed to caveat venditor "Let the seller beware". However, with growing competition and in an attempt to increase their sales and market share, manufactures and service providers may be tempted to engaged in unscrupulous, exploitative and unfair trade practices like defective and unsafe products adulteration, false and misleading advertising, hoarding, black marketing etc. Consumers are not aware of their rights and reliefs available to them as a result of which they are exploited. In order to save consumer from exploitation consumer protection is needed. Thus Consumer Protection Act 1986, sale of goods act 1930, Bureau of Indian standard 1986 was introduced to make consumers aware about then rights and to give them legal protection. Consumer Protection Act provides three-tier machinery at the district, state and nati...

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