Rights and Remedies Available Under Consumer Protection Act

Khadija Khan
BA.LLB IInd year
Consumer and Competition Law
Internal Assessment IIIrd

Submitted to : Prof: Burhan Majid

Question: Rights and Remedies available under the
Consumer Protection Act.

Introduction
The Consumer Protection Act changed into implemented in order to provide higher
protection to the rights of consumers. . Prior to the implementation of this Act, there has
been no unique act for protection of the consumers and the best treatment available to the
consumers turned into underneath the Law of Torts filing a civil suit for damages in
opposition to the consumers or the service providers.
This act is based on the doctrine of Caveat Emptor which means that it is the responsibility
of the buyer to identify the defects in the good.
Rights and Remedies available under this Act

The Consumer Protection Act provides 6 basic Rights for the protection of consumers
that are:
 Right to Safety
 Right to information
 Right to Choose
 Right to be heard
 Right to redressal
 Right to Consumer Education

 Right to Safety: This right refers to right to provide safety to
the consumer because the right to be protected against the marketing of products and services
which are hazardous to life and property of the consumers. This right incorporates a very
wide scope of application, for example, this right is offered within the areas of electrical
appliances, healthcare, automobile, pharmaceuticals, housing, travel etc. Nowadays, each and
each field has an office for researchers who research and experiment and launch new
products and appliances accordingly. Most of those products aren't tested by the producers
which encourage be harmful to the consumer. Therefore, after the implementation of this
act, there's a mandate for every and each field to induce all their products which are a danger
to the life to be carefully tested and validated before launching it to the market.

 Right to Information: It refers to the right of a consumer to be told of the standard,
quantity, potency, purity, standard and price of the products and services being sold by the
consumer. This right is given to the patron so as to guard them from the unfair trade practices
conducted by the seller so as to earn more profits. Therefore, it's an obligation on the
to supply the patron with all the relevant information of the merchandise he wishes to get.

 Right to choose: It is defined within the act because the right to be assured, wherever
possible, to possess access to a range of products and services at competitive prices. it's quite
common to search out one product being sold at different possible prices by different sellers.
This reflects the age of market competition which is found in the majority the
countries. Therefore, it's the proper of all the consumers to buy any product at any price
which consistent with him is that the best. A consumer can't be forced to buy a product of
some particular brand or quality.

 Right to be heard: It is referred to as the proper to be heard and to
be assured that consumers should receive a product with consideration at appropriate forums.
This right used to be added for a consumer in order to make sure that all the complaints
and troubles of the consumer are heard duly under the appropriate authority. This is due to
the fact of this proper that nearly all the large promoting corporations have a
separate department recognized as the consumer provider to help the customers in case of
any dispute or any criticism related to the great or quantity of the product.

 Right to redressal: In this right if a customer has been abused by
the seller or confronted any unjustifiable things, he can look for redressal This
right guarantees that all the issues of the consumers are managed with and equity is done to
him. An appropriate redressal instrument has been set up by the government of India such as
the consumer courts and gatherings at local and national level

 Right to Consumer Education: It is the right of each and every individual who could be
a citizen of India to have information almost all the laws and arrangements relating to
the consumer. In this manner it is made beyond any doubt the material regarding the
consumer-related laws is effectively accessible all over India but there 'still a major
population of people who are not aware of this right.

Remedies under Consumer Protection Act

The consumer protection Act provides Consumer with such Remedies that are mentioned
below:
 Removal of Defects: If the consumer after buying the product and after using the product
find the product to be defective then authority can pass an order of removing the defects in
products. The authority can also replace the goods or refund the money of that good to the
consumer
 Award of Compensation: In this remedy a consumer can demand compensation from
the trade or service provider if because of the defects in goods from the service provider or
by negligence from the service provider.
 Removal of Deficiency in Service: In this remedy the authority can pass orders for
removal of the deficiency if there is any deficiency in delivery of the service, for instance, if
the consumer has applied for a loan and has fulfilled all formalities of the bank is making
unnecessary delay in sanctioning the loan, then the court can pass orders to sanctions the
loan.
 Discontinuance of Unfair/ Restrictive Trade Practices: In this remedy if a suit is filed
by the consumer against any unfair trade practice in the market, the court can order an
immediate withdrawal of such practice and can also pass an order for prohibit such practice
that are like banning of sale of hazardous goods, withdrawal of hazardous goods in the
market , payment of the adequate cost

Conclusion
By concluding my answer I can say that the Consumer Protection Act has proved to be a best
protection act ever for consumers this act helped them from being exploited in the hands of huge
companies and famous traders . By introducing this Act in the market the Traders and famous
companies still working on how to fool consumers by making big advertisements
and posters . And our legislature and Judiciary are making amendments in the act from time to
time but consumer also have to aware of the people in the market,.

Rights and Remedies Available Under Consumer Protection Act

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rights and Remedies Available Under Consumer Protection Act

Uploaded by

Copyright:

Available Formats

Khadija Khan

Submitted to : Prof: Burhan Majid

Rights and Remedies available under this Act

Remedies under Consumer Protection Act

You might also like