Law of consumer protection in India
- Hyderabad Gogia Law Company 2000
- 253 p.
Every Human being is a consumer of one kind or other. In the good old days the consumers were governed by the terms of contract between themselves and the traders. These terms were mostly one sided and in favour of traders. The State showed least enthusiasm in coming to the rescue of consumers when they were deceived or cheated a to defect in goods or deficiency in services utilised by them. The concept of 'Absolute freedom of contract' and the system of Laissez fairie prevalent then did not help the consumer at all.
However, as a result of the industrial revolution there was a change in the entire scenario. The law of 'demand and supply' received a boost and wide variety of goods and services flooded the market. This development enabled the consumers to choose the goods or services they wanted. Slowly and gradually the rule of caveat emptor i.e.; buyer beware also disappeared into the oblivion. The consumers became aware of their rights and the Governments of their public duty to protect the rights of the consumers in general. Number of protective legislations came to be passed by the developed countries like the U.S.A., and U.K. The developing countries also followed suit, prompted by the guidelines issued by the General Assembly of the United Nations Organisation. The result is the Consumer Protection Act of 1986 passed by the Indian Parliament.
It is pertinent to note that there are number of pre and post onstitutional laws in India, apart from the Consumer Protection Act, 986, that aim to protect the rights of consumers. However they have een neither comprehensive enough nor totally effective in ameliorating e condition of consumers. Thus the Act of 1986 is a watershed in Le law relating to the consumers protection in India.