Role And Importance Of Copra, 1986 556h6z

Role COPRA,1986

&

Importance

of

Consumer Protection Act,1986 [ Act of 1986] [24 th December,1986]

PREAMBLE An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith

Introduction The Consumer Protection Act of 1986 is a social welfare legislation which was enacted as a result of widespread consumer protection movement.The main objective of the legislature in the enactment of this act is to provide for the better protection of the interests of the consumer and tomake provisions for establishment of consumer councils and other authorities for settlement of consumer disputes and matter therewith connected. In order to promote and protect the rights andinterests of consumers, quasi judicial machinery is sought to be set up at district, state and centrallevels. These quasi judicial bodies have to observe the principles of natural justi and have been empowered to give reliefs, of specific nature and also to impose penalties for non compliance of the orders given by such bodies.

The main object of these bodies is to provide speedy and simple redressal toconsumer disputes. It is one of the benevolent pieces of legislation intended to protect theconsumers at large from exploitation. The consumer protection Act, 1986 is one of thebenevolent social legislation intended to protect the large body of consumers from exploitation.The Act has assumed the shape of practically the most important legislation enacted in thecountry during the last few years. It has become the vehicle for enabling people to secure speedyand inexpensive Redressal of their grievances with the enactment of this law. Consumers nowfeel that they are in a position to declare "Sellers be Aware" whereas previously the consumers were at the receiving end generally told “Buyers be Aware”.

How Was The Act Enacted

?

The act was ed in Lok Sabha on 9th December,1986 and Rajya Sabha on 10thDecember, 1986 and assented by the President of India on 24th December, 1986 and was published in the Gazette of India on 26th December, 1986. This act was enacted in the 37th year of the Republic of India and was amended from time to time in the following years i.e. 1991,1993 and 2002.

The COPRA (AMENDMENT) ACT,2002 Recently,the parliament has incoporated certain important amendments in the present Consumer Protection Act by way of the Consumer Protection (Amendment) Act,2002 with effect from 17th December,2002.

Special Features of the Ammendment Act,2002

 Legal representative can pursue complaint.  Charging of excess price by trader or service provider is consumer disputes.  Establishment of Consumer Protection Council at district level.  Enhancement of pecuniary jurisdiction.  Conditional right to appeal  Provision for transfer of cases and Circuit Benches  Limitation for preferring appeal.  Power to older attachment of property.  Scope of maintainability of appeal enhanced.  Modes of service of notice modernised.  National Commission empowered to make regulations.

Aims and Objectives of the Act The Act is dedicated,as its preamble shows,to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for settlement of consumer disputes and for other connected matters.In the statement of objects and reasons it is said that the Act seeks to provide speedy and simple redressal to consumer disputes.A quasi-judicial machinery has been set up at the District,State and Central levels.These quasi-judicial bodies have to observe the principles of natural justice and have been empowered to give reliefs of a specific nature and to award,wherever appropriate,compensation to consumers.Penalties for noncompliance of orders given by the quasi-judicial bodies have also been provided. The object and purpose of enacting the Act is to render simple,inexpensive and speedy remedy to the consumers with complaints against defective goods and deficient services and for that a quasi-judicial machinery has been sought to be set up at the District,State and Central Levels.These quasi-judicial bodies are required to observe the principles of natural justice

and have been empowered to give relief of a specific nature and to ward,wherever appropriate,compensation to consumers.Penalties for non compliance with the orders given bynthe quasi-judicial bodies have also been provided.

Importance of the Preamble as Stressed by Supreme Court To begin with the preamble of the Act,which can afford useful assistance to ascertain the legislative intention,the Act was enacted to provide better protection of the interests of consumers.Use of the word ‘protection’ furnishes the key to the mind of the makers of the Act.Various definitions and provisions which elaborately attempt to achieve this objective have to be construed in this light without departing from the settled view that a preamble cannot control the otherwise plain meaning of a provision.The law of consumer protection has come to meet the long felt remedy under the ordinary law for various reasons has become illusinory.Various legislations and regulations permitting the state for unscrupulous ones as the enforcement machinery either does not move or moves ineffectively,inefficiently and for reasons which it is not necessary to state.The importance of the Act lies in promoting welfare of the society in as much as it attempts to remove the helpnessness of a consumer which he faces against powerful business,described as ‘a network of rackets’ or a society in which ‘producers have secured power’ to ’rob the rest’ and the might of public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless,bewildered and shocked.The malady is becoming so rampant,widespread and deep that the society instead of bothering,complaining and fighting against it,is accepting it as part of life.The enactment in these unbelievable yet harsh realities,appears to be a silver lining,which may in course of time succeed in checking the rot.

Who is a Consumer ? The expression “consumer is defined inS.2(1)(d) of the Act.The primary purpose of the definition is to restrict the availability of consumer remedies to consumers only.The method adopted is to confine the Act to non-business buyers from business sellers.The definition is as follows: 2(1)(d) “consumer” means any person who,-

(i) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised,or under any system of deferred payment and includes any of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised,or under any system of deffered payment when such use is made with the approval of such person,but does not include a person who obtains such goods for resale or for any commercial purpose;or (ii) Hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised,or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised,or partly paid and partly promised,or under system of deferred payment,when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose;

Rights of the Consumer According to the bill on consumer rights there are four rights of the consumer.They are as follows:-

   

Right Right Right Right

to to to to

safety information choose be heard/Right to redressal

Consumer Protection Councils Sections 4,5,67&8 of the Act makes provision for the establishment of Consumer Protection Councils.The State Government is authorized by the Act to establish by notifications,council at the Central,State & District levels to be known as “Central Consumer Protection Council”,Consumer Protection Council & District Consumer Protection Council respectively.It also lays down the objects of the said councils.It also makes provisions for appointment of Chairman & other official and non-official of the said council.

Objectives Objectives of Central Council The objectives of the Central Council is to promote and protect the rights of the consumers such as:a) - the right to be protected against the marketing of goods and services which are hazardous to life and property. b) - the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices . c) - the right to be assured, wherever possible, access to a variety of goods and services at competitive prices. d) - the right to be heard and to be assured that consumer's

interests will receive due consideration at appropriate forums. e) - the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and

Objectives of State Council The objects of every State Council shall be to promote and protect within the State the rights of the consumers laid down in clauses (a) to (f) in central council objectives

Consumer Dispute Redressal Agencies There shall be established for the purposes of this Act, the following agencies, namely:— (a) a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification: Provided that the State Government may, if it deems fit, establish more than one District Forum in a district. (b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State by notification; and (c) a National Consumer Disputes Redressal Commission established by the Central Government by notification.

Importance of Consumer Protection Act The main idea behind enactment of explanatory that is to protect the consumer almost all the

from

unfair

this act trade

is self

practices.

As

commercial organization are well managed and well versed with the market condition so certainly they are in the better dominating position and use it to exploit the consumer. To avoid this exploitation this act is a landmark in the history of social-economic legislation and has been regarded as the most progressive, comprehensive, legislation. The basic

and

unique

piece

of

purpose of this act is to provide for the simple and speedy justice unlike other existing laws which are punitive and preventive in nature. Ensuring the welfare of the consumer responsibilities of the government and hence introduced. The

is

one

of

the

major

the consumer protection act was

special characteristic of this act is speedy and inexpensive justice to the consumer’s grievance and further to endow with relief of specific nature and award compensation wherever appropriate. In one of the conference held in Malaysia in 1997, this Act was described as one “which has set in motion revolution in the fields of consumer rights, the parallel of which has not been

seen anywhere in the world”. This act further ensures the rights of the consumer viz the redressal, public

right

of

choice,

safety,

information,

hearing and consumer education.

The most important trait of this act is the provision for setting up three-tier quasi judicial machinery popularly known as “consumer courts” at national, state, and district levels. A complaint is to be made to the district forum of the concerned services and

district

where

the

value

of

goods

and

compensation, if any, is up to Rs 20 lakhs, to the 'State Commission' between Rs 20 lakhs and Rs 100 lakhs, and to the National Commission for more than Rs 100 lakhs. Interestingly, there is provision for appeals against the orders of a particular redessal forum by the aggrieved party before the next higher echelon and even from the findings of the National Commission before the Supreme Commission functions

Court.

The

Apex

Court,

National

in Delhi. All these courts have handled nearly 13 lakh cases of which about

10 lakhs cases have been disposed of. The disposal of 77 per cent of the cases is not a mean achievement. However, it should be noted that only period of 90 days or 150 days (where testing is required). These facts really cause concern for the Government and consumer in general. The National Commission has identified the reasons for the slow disposal and has come out with suggestions for amending the act with a view to improve disposal rate within the time limit prescribed in the Act. Therefore the Government has been contemplating a number of amendments to the Act. The necessity and efficacy of this Act is vast particularly in internet marketing. The consume buysgoods or services through image on the screen and trust the specification cited by the vender. The buyer can not have physical access to the commodity before getting delivery.Now, goods/services are not in conformity with provided to the

in case

the specification, protection

the is

buyer through establishment of special court and by introduction of special

legislation under A. The Act provide for better protection of the interest of the consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for the settlement of consumer’s dispute and for matters connected therewith.

Mugdha Tomar Sec – B Roll – 63 First Semester