Consumerism is the entire activity of buying, selling and fundamental relationship between the buyer and the seller and also between the customer and service provider. It has been all pervading. Consumers are the Kings of Market but now the circumstance leads them to be Victims of Market. Consumerism is of wide magnitude and importance that it has established its conspicuous place in the Encyclopedia Britanica : “Widespread interest and concern about consumer protection and the growth of organizations whose objectives are to disseminate information about products and to persuade industry to provide better quality goods and services – both parts of a phenomenon usually described as consumerism were largely developments of the 1960’s and 1970’s. It is true, however that it is possible to point to common examples of laws in ancient cultures whose purpose was to protect the purchases. These included prescriptions against selling short weight and adulterated goods, medieval concepts of a “just Price” and laws against usury and the manipulation of markets. In some countries, legislation of the later 19th and early 20th centuries still serves as the basis of consumer protection through such measures in the past were directed largely at marginal abuses in the case of more recent legislation, at products, such as food and drugs, that may constitute a threat to public safety if certain minimum standards are not observed”.
It will not be out of place to mention that we may seek consumer protection much better than any present rule, in the Muslim rule in India particularly of Allauddin Khilji in whose reign prices of consumer goods were fixed at a very low rate to the approach of the poorest man, and the punishment was very severe for the breach of rates and weights. Flesh from buttocks of sellers was cut for such breaches equal to the loss in weight. But the present Governments are abetting to raise prices of consumer goods and services.
There is a vacuum of moral leaders like Mahatma Gandhi in India Today who would utter: ”A Consumer is the most important visitor in our premises. He is not dependent on us. We are dependents on him. He is not an interruption in our work. He is a part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so”.
In most of the advanced countries, in the fields of manufacturing, advertising, labeling and selling, legislation provided a background of protection for the consumers. However gaps remained, partly due to ignorance on the part of the consumers themselves and partly from the reluctance of most of the governments to restrict unduly the activities of business. Laws have been made to check the substandard goods manufacture which may endanger the public life.
Common Law:
Previously, under common law, the consumer or purchaser had to take care for himself while purchasing goods. “Caveat Emptor” is the common maxim which means “Purchaser Beware”, purchase the goods with open eyes; if there is some defect in the goods you yourself shall be responsible. Under Common Law onus was placed on the purchaser to protect his own interests by ensuring that what he purchases is of worthwhile quality to meet out his needs. But with the march of time, the doctrine of caveat emptor has been progressively modified in order to protect the interests of the consumers to the extent that the law is now governed by exceptions than be rule itself. The doctrine has now been accorded well with the principle of “laissez faire” which means welfare of common people. So now the reverse doctrine “Caveat Vendettor” which means seller beware is taken birth.
Most of the traders have profiteering tendencies. They have no feeling of sympathy towards common consumers whom they bluff day and night. They have no moral sense about the survival of the society which they exploit. Adulteration of food stuffs has become part of their business. Even in Wheat, rice and pulses, they often mix small pieces of stones and earth. Milk is seldom pure to be supplied. Oils are grossly adulterated. The tendency of traders to deceive the consumers for making wrongful profit should be checked by strict and drastic laws and their active and swift implementation by government machinery and courts.
Protection of Consumers in India:
The government of India has been vigilant against the wicked tendencies of traders damaging and dubbing the interests of common consumers. The following legislations give sufficient light on the efforts of the government to save the consumers from malpractices in different trades:-
1.Indian Penal Code,1860 (Section 272 to 276):-
Initially sections 272 to 276 prohibited adulteration of food or drink intended for sale, sale of noxious food or drink, adulteration of drugs, sale of adulterated drugs and sale of drug as a different drug or preparation and provided punishments in order to deter the criminal, dealing with adulteration of food or drinks, sale of adulterated articles, sale of drugs by representing that they are different drugs or preparation what they in fact are.
2. The Dangerous Drugs Act, 1930:-
This Act was brought into check the misuse of habit forming drugs like morphine and opium. Morphine and Opium might not become the articles of common consumption, hence the use of these intoxicants was prohibited and restricted and brought beyond the scope of consumers.
3. The Drugs and Cosmetics Act, 1940:-
In order to give effect to the recommendations of the Drugs enquiry Committee, in so far as they relate to maters with which the Central Government is primarily concerned, the Bill was introduced in the Legislative Assembly in 1937, as to regulating the import of drugs into India. The Act was passed to regulate the import, manufacture, distribution and sale of drugs. Under this Act, license to manufacture or sell any of the articles mentioned in the Act, was made obligatory, so that common consumers may not be bluffed and be supplied proper drugs and cosmetics.
Penalty for manufacture, sale etc. of drugs in contravention of Chapter IV (Manufacture, Sale and Distribution of Drugs) is provided in Sections 27 and 30. The Magistrate can impose enhanced penalties under Section 36.
4. The Drugs Control Act, 1950:-
This Act empowered the Government to control sales, supply and distribution of drugs and to fix the maximum price which may be charged for the drugs. The object of this Act is to ensure that certain essential imported drugs and medicines may be sold at reasonable price.
5. The Drugs and Magic Remedies (Objectionable Advertisements) Act,1954 :-
This Act prohibited advertisements of drugs for certain diseases like blindness, heart disease, paralysis, etc. for saving the common consumers being duped and damaged in their health and life.
6.The Prevention of Food Adulteration Act, 1954:-
This Act protects the consumers from hazards of food adulteration. It prohibits the manufacturers from selling or storing to sell or distribute any adulterated food, misbranded food, selling food without license, selling food which is prohibited for sale which are apt to spread diseases. Health authorities are given ample powers to check food adulteration in various fields.
This Act provides for prohibition of import of certain articles of food that no person shall import into India (i) any adulterated food; (ii) any misbranded food; (iii ) any article food for the import of which a licence is prescribed, except in accordance with the conditions of the licence ; and (iv) any article food in contravention of any other provision of this Act, or any rule made there under.
7.The Essential Commodities Act,1954:-
This Act provides for control of production, supply and distribution of essential commodities like coal, petroleum, sugar, cement, kerosene oil, food grains, vegetable oils, drugs, soaps, matches, etc. Under the Act, the State governments have been delegated powers to ensure that the dealers display on their shops or business houses price lists, stock position and issue cash memos. Also deterrent measures have been provided against economic offenders.
8.The Trade and Merchandise Marks Act,1958:-
This is an Act, to provide for the registration and better protection of trademarks and for the prevention of the use of fraudulent marks on merchandise. The object of the Act is to protect trade interests and prevents deception of consumers by misuse or abuse of trade marks.
9.The Monopolies and Restrictive Trade Practices Act, 1969:-
The M.R.T.P. Act tries to checkmate the manipulative capacity of monopoly trades in several ways. It protects the interests of the consumers in an indirect way from an adverse market. An institution under the name, the Monopolies and restrictive Trade Practices Commission has been created by the Act.
Some elaborate provisions regarding the control of prices and to regulate distribution and supply of goods are made in the Act. The commission is given wide powers to investigate and make orders for modification or cancellation of restrictive trade agreements, having effect of the increasing of cost of production, distribution and supply of goods, increasing prices, reducing competition or deteriorating the quality of any goods or performances of any services. This Act gives a discretion to the Monopolies and Restrictive Trade practices commission to hear an individual consumer aggrieved by any restrictive or unfair trade practice. The Act sought to confer an important right on an individual consumer and a voluntary consumers Association to file a complaint before the commission and of being heard by it on receipt of a complaint in this behalf the commission is required under the provisions of the Act, to institute regular inquiry into any restrictive or unfair trade practice alleged by such individual consumer or voluntary consumers association.
10. The Standard of Weight and Measures Act, 1976:-
This Act prohibits the manufacturers any use of non-standard weight and measures. This Act along with standard of weights and measures(packaged commodities )Rules,1977, made it compulsory that the names and addresses of the manufacturer or packer, name of the commodity, net quantity, month and year of manufacture and sale price of the commodity to specified on the package.
11. The Prevention of Black-Marketing and Maintenance of Essential Supplies Act, 1980:-
This Act seeks to check black marketing of essential supply of goods by traders. It provides for severe punishments in case of violation of the provisions of the Act. It provides for detention of black marketing and maintenance of supplies of commodities essential to the community.
12. The Consumer Protection Act, 1986:-
This Act sought to provide better protection of the interests of consumers and for that purpose, made provisions for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith.
This Act seeks to promote and protect the rights of consumers such as :
(a) The right to be protected against marketing of goods which are hazardous to life and property.
(b) The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practice;
(c) The right to be assured, whenever possible; access to variety of goods at competitive prices;
(d) The right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate forums;
(e) The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and
(f) Right to consumer education.
These objects are sought to be protected and promoted by the Consumer Protection Councils established at the Central and State levels. It provides speedy and simple redressal to consumer disputes; quasi-judicial machinery is set up at the District, State and Central levels. These quasi-judicial bodies observe the principles of natural justice and have been empowered to give reliefs to a specific nature and to award, whenever appropriate, compensation to consumers penalties for non-compliance of the orders given by the quasi-judicial bodies have also been provided.
In 2002 this Act is amended and introduced a new definition in Sec.2(O)(o) i.e. spurious goods and services which means such goods and services which are claimed to be genuine but they are actually not so.
14. The Competition Act, 2002:-
This Act is replaced in the place of the Monopolies and Restrictive Trade Practices Act, 1969 and some other legislation. The main objective behind this Act is to develop competition between the traders for the welfare of the consumers.
15. The Food Safety and Standards Act, 2006:-
This Act is enacted by the policy makers to ensure availability of safe and wholesome food for human consumption. The Parliament after holding that it is expedient in the Public Interest that the Union should take under its control the food industry. This Act applies to every undertaking, whether public or private, carrying out any activity, relating to any stage of manufacture, processing, storage, transportation and distribution of food, whether for profit or not. It also applies to any of the food services, catering services and sale of food and food ingredients.
16. The Legal Metrology Act, 2009:-
Weighing or measuring the product in course of trade is an age old practice. But since last few decades the State has undertaken to regularize the standard of weights and measures used to sell or distribute the goods by weights, measure or number. This Act further bolsters the consumer interest by mandating the sellers to strictly abide by the rules and regulations of metrology.
CONSTITUTION OF INDIA, 1950:-
In addition to the above Acts which are specifically deals with consumer protection there are some other provisions in the Indian Constitution which assists Consumers to protect their rights. Article 38, 39, 39-B, 42 and 47, 14, 249, 261 of the Constitution may be looked into for the assistance of Consumers.
Even though the Indian Government has enacted various legislations for the welfare of the consumers, they are ignorant people and unaware of the rights and privileges provided to them by the various provisions. So they would not be ion a position to combat the evil for the eradication of which the law came into existence. Also there are certain other problems in the society which leads to deceive the ignorant consumers.
When compared to the Western and European Countries, where the Consumerism had its origin primarily, in India the percentage of utilization of the respective provisions of the Act and various Laws are found to be minimal and Government is spending huge amount for the system built-up of the Consumer Grievances Redressal but due to monitoring lapses of the implementing machinery resulting in clouds in smooth process of awareness built-up and its utilization.
Problems Facing by the Indian Consumers:-
The following are some of the main problems facing by the Indian Consumers for every move in part of their life:-
High extraordinary and irrational prices of the consumer goods and services.
Price controls of essential commodities.
Strikes, lockouts, rallies and gheraos.
Malpractices of adulteration and duplicate low quality goods supply.
False and Misleading advertisements.
1.High Extraordinary and Irrational Prices of the consumer Goods and Services:-
The Corrupt State and Central Governments have been raising taxes on consumer goods t o meet out the deficiencies of the State and Central finance as the case may be, caused by the gross corruption of the ruling Ministers and the Bureaucracy under them. The present Governments are abetting to raise prices of consumer goods and services.
2. Price Controls of Essential Commodities:-
The goods at fair price shops are selling by controlled tariff of government but it indulges in black marketing of the goods which is to be supplied to the consumers but the consumers do not turn up due to their harassment at these fair price shops. Besides the Consumers have no choice of purchasing quality goods at these shops.
3. Strikes, Lockouts, Rallies and Gheraos:-
Strikes, Lockouts, rallies and gheraos badly fell upon the facilities available to consumers. Though these are done in token of display of democratic rights, but in fact there are means of national waste and anti-national and anti-social activities which must be declared illegal and antinational by some law of parliament.
4. Malpractices of Adulteration and Duplicate Low Quality Goods Supply:-
The malpractices of adulteration in food stuffs are rampant. The duplicate and low quality goods and services are overflowing the markets and the hospitals, nursing homes, clinics, and courts and the poor consumers have no easy remedy against them.
5. False and Misleading Advertisements:-
There are generally false and misleading advertisements of traders, doctors,etc. by which the newspapers are benefitted, whereas the consumers are defrauded through the agency, of the newspapers who publish each and every advertisement without trying the least to know the genuineness of the thing or service advertised. The newspapers are equally responsible for the frauds committed by the traders upon the consumers, and they must be held responsible jointly with the traders for damages to the consumers. Publication of false advertisements must be made a cognizable offence specifically in the Indian Pedal Code.
Steps to be Taken :-
Indian Consumers are mostly illiterate and unorganized. The traders, who have profiteering tendency are always bluffing and befooling the consumers. To protect the consumers from the fraud hands of the traders. The following steps has to be taken
Laws should be strictly and properly implemented.
No law can be successful or achieve its objectives unless it goes down to masses. So consumer education must be propagated through proper broadcasting programmes.
Corruption in the Consumer Redressal Agencies should be strictly suppressed by strict penal laws.
Traders profit percentage must be regularized by state laws.
Compulsory formation of public consumer societies in every village or ward of towns and cities.
Price Boards must be maintained in every shop, hotels, etc. mentioning quality and price of the items and services.
‘Don’t let the Kings of Market to be victims of Market’.
By Laasya Priya Ponnada
REFERENCES:
1. Encyclopedia Britanica, 15th Edition, page 100.
2. www.cuts-international.org
3. www.consumercourt.netfilms.com.
5. www.supremecourtofindia.nic.in
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