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| Enforcement of Consumer Rights u/s 6 of 'COPRA' |
Information Regarding
Enforcement of Consumer Rights in India
Under Section 6 of the
Consumer Protection Act, 1986
Right
to Safety
Definition
The right to be protected
against the marketing of goods and services which are hazardous to life
and property.
Existing Legal Framework
to Enforce the Right
-
Bureau of Indian Standards Act,
1986.
-
Prevention of Food Adulteration
Act, 1954.
-
Essential Commodities Act, 1955.
-
Agricultural Produce (Grading
and Marketing) Act, 1937.
-
The Fruit Products Order, 1955.
-
Drugs and Cosmetics Act, 1940.
-
Indian Medical Council Act,
1956.
-
Dangerous Machines (Regulation)
Act, 1983.
-
Indian Electricity Act, 1910.
-
Household Electrical Appliances
(Quality Control) Order, 1981 & 1988.
-
Gas Cylinder Rules, 1981.
-
Indian Railways Act, 1989.
Steps Which Government Should
Take to Enforce the Right
-
Establishing a general duty
of safety upon suppliers.
-
Banning the supply of unsafe
goods.
-
Prescribing safety and information
standards with which goods and services must comply.
-
Establishing procedures to examine
products and services alleged to be unsafe.
-
Monitoring the market place
for unsafe goods and services.
-
Establishing procedures to collect
and disseminate information on particular goods and services identified
as being unsafe.
-
Establishing procedures for
the notification to authorities by consumers of alleged hazardous goods
and services.
-
Requiring suppliers, who became
aware that their goods or services are unsafe, to advertise any dangers.
-
Requiring any manufacturer who
recalls goods for safety reasons to notify relevant authorities of the
recall.
-
Establishing procedures for
the monitoring of voluntary recalls to ensure that they are effective.
-
Allowing relevant authorities
to order a manufacturer to recall goods, and to specify how these goods
are to be recalled.
-
Giving relevant authorities
power to investigate the actions of manufacturers to determine whether
they have complied with laws relating to recalls.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Ministry of Public Health.
-
Ministry of Water Supply and
Sanitation.
-
Ministry of Transportation.
-
Ministry of Power.
-
Ministry of Industry.
-
Business Organisations.
-
Consumer Organisations.
-
Developmental Organisations.
-
Municipal Corporations.
-
Village Panchayats.
-
Print and Electronic Media.
Right
to Information
Definition
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.
Existing Legal Framework
to Enforce the Right
-
Indian Official Secrets Act,
1923.
-
Companies Act, 1956.
-
Trade and Merchandise Marks
Act, 1958.
-
The Prevention of Food Adulteration
Act, 1954.
-
Essential Commodities Act, 1955.
-
Agricultural Produce (Grading
and Marketing) Act, 1937.
-
Standards of Weights and Measures
Act, 1976 and the Standards of Weights and Measures (Packaged Commodities)
Rules, 1977.
-
Monopolies & Restrictive
Trade Practices Act, 1969.
-
The Drugs and Cosmetics Act,
1940.
-
The Drugs & Magic remedies
(Objectionable Advertisement) Act, 1954.
-
Insecticides Act, 1968.
-
Water (Prevention and Control
of Pollution) Act, 1974.
-
Air (Prevention and Control
of Pollution) Act, 1981.
-
Fruit Products Order, 1955.
-
Household Electrical Appliances
(Quality Control) Orders, 1981 & 1988.
Steps Which Government Should
Take to Enforce the Right
-
Requiring appropriate statements
and warnings to accompany toxic products.
-
Regulating the supply of therapeutic
goods and toxic products to ensure information is disclosed in a manner
consistent with international practice.
-
Establishing procedure to monitor
national and international developments relating to therapeutic goods and
toxic products.
-
Prescribing mandatory information
standards to require particular information to be disclosed about particular
goods not otherwise regulated.
-
Prohibiting deceptive packaging.
-
Requiring packages to clearly
identify their price and their contents.
-
Prohibiting conduct, in relation
to the supply of goods or services to a consumer, that is misleading or
deceptive, or likely to mislead or deceive, or which is unfair.
-
Prohibiting representations
about goods or manufacturers and suppliers which are not true or which
could mislead consumers.
-
Prohibiting any particular sales
or marketing practices which act to the detriment of consumers.
Agencies Which Need to be
Involved
-
Ministry of Food and Civil Supplies.
-
Ministry of Public Health.
-
Ministry of Information.
-
Ministry of Industry.
-
Consumer Organisations.
-
Developmental Organisations.
-
Municipal Corporations.
-
Village Panchayats.
-
Print and Electronic Media.
Right
to Choice
Definition
The right to be assured,
wherever possible, access to a variety of products and services at competitive
prices.
Existing Legal Framework
to Enforce the Right
-
Companies Act, 1956.
-
Essential Commodities Act, 1955.
-
Prevention of Food Adulteration
Act, 1954.
-
Standards Weights and Measures
Act, 1976.
-
Drugs and Cosmetics Act, 1980.
-
Bureau of Indian Astandards
Act, 1986.
-
Monopolies and Restrictive Trade
Practices Act, 1969.
Steps Which Government Should
Take to Enforce the Right
-
Ensuring manufacturers and suppliers
do not abuse their rights.
-
Giving consumers right to obtain
redress for goods which are unsafe, unsuitable, defective or of poor quality.
-
Establishing procedures for
community and consumer education about products.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Ministry of Information.
-
Ministry of Industry.
-
Business Organisations.
-
Consumer Organisations.
-
Developmental Organisations.
-
Municipal Corporations.
-
Village Panchayats.
-
Print and Electronic Media.
Right
to Representation
Definition
The right to be heard and
to be assured that consumers’ interests will receive due consideration
at appropriate forums.
Existing Legal Framework
to Enforce the Right
There is no specific act
to deal with this right. However, there are administrative measures which
take into account the right to representation. One such measure is to include
consumer and other organisations in various Government Committees, Expert
Groups etc.
Steps Which Government
Should Take to Enforce the Right
-
Requiring laws and policies
which affect consumers to be published before they are introduced to allow
consumers to comment on them.
-
Establishing procedures to channel
any comments or complaints made by consumers to appropriate authorities,
and to monitor the response to those comments or complaints.
-
Establishing the complaints
handling systems in both the Government and non-government sectors, including
the involvement of consumer representatives in the process.
-
Ensuring that consumers have
standing to take action in courts and tribunals, including as third parties,
to protect consumer interests.
-
Enabling consumers to take collective
action before courts and tribunals.
-
Enabling indigent consumers
to enforce their rights by providing access to legal and financial assistance.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Minisrtry of Law and Justice.
-
Business Organisations.
-
Consumer Organisations.
-
Developmental Organisations.
-
Municipal Corporations.
-
Village Panchayats.
-
Print and Electronic Media.
Right
to Redressal
Definition
The right to seek redressal
against unfair trade practices or restrictive trade practices or unscrupulous
exploitation of consumers.
Existing Legal Framework
to Enforce the Right
-
Consumer Protection Act, 1986.
-
Monopolies and Restrictive Trade
Practices Act, 1969.
-
The Arbitration and Conciliation
Act, 1996.
Steps Which Government Should
Take to Enforce the Right
-
Prescribing procedures to ensure
consumers know their rights and how to enforce them, particularly in relation
to disadvantaged consumers.
-
Ensuring that consumers are
allowed to play an equal role in the resolution of their disputes.
-
Providing consumers with a right
to compensation if they are injured as a result of unsafe goods or faulty
services.
-
Establishing procedures to monitor
the number of complaints and grievances, and to report any results back
to the consumer.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Ministry of Law and Justice.
-
Ministry of Industry.
-
Business Organisations.
-
Consumer Organisations.
-
Developmental Organisations.
-
Municipal Corporations.
-
Village Panchayats.
-
Print and Electronic Media.
Right
to Consumer Education
Definition
The right to consumer education.
Existing Legal Framework
to Enforce the Right
-
Consumer Protection Act, 1986.
Steps Which Government Should
Take to Enforce the Right
-
Ensuring that consumer laws
are written in language which can be easily understood.
-
Prescribing mechanisms to monitor
consumer awareness and use of their rights.
-
Introducing laws to protect
particular groups with special needs as required.
-
Set in place mechanisms to inform
consumers about how to enforce their rights.
-
Ensuring that consumers are
aware of their responsibilities.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Ministry of Law and Justice.
-
Business Organisations.
-
Consumer Organisations.
-
Developmental Organisations.
-
Print and Electronic Media.
-
Schools, Colleges and Universities.
Note:
Definitions
are as per the Consumer Protection Act, 1986.
Right
to Basic Needs
Definition
The right to basic goods
and services which guarantee dignified living. It includes adequate food,
clothing, health care, drinking water and sanitation, shelter, education,
energy and transportation.
Existing Legal Framework
to Enforce the Right
-
Essential Commodities Act, 1955.
-
Textiles (Consumer Protection)
Regulation, 1988.
-
Prevention of Food Adulteration
Act, 1954.
-
Drugs and Cosmetics Act, 1940.
-
Drugs and Magic Remedies (Objectionable
Advertisement) Act. 1954.
-
Urban Land (Ceiling and Registration)
Act, 1976.
-
Indian Electricity Act, 1910.
-
Indian Railways Act, 1989.
Steps Which Government Should
Take to Enforce the Right
-
Change the perspectives of the
public distribution system based on the ability to pay principle to that
of the benefit principle.
-
Textiles (Consumer Protection)
Regulation should be made more meaningful and practical by way of implementation.
-
Give equal emphasis on curative
as well as preventive system of health care.
-
Make availability of safe drinking
water in every villages.
-
Encourage community participation
in sanitation practices.
-
Construction should be given
the status of industry.
-
Low cost housing schemes should
be devised and implemented.
-
Make basic and primary education
free and compulsory.
-
Ensure gradual shift from non-renewable
energy resources to renewable ones.
-
Put increasing emphasis on demand
management and conservation of energy and efficient utilisation of energy
resources.
-
A proper policy guideline is
required to arrive at the optimum combination of public as well as private
operations in road transport.
-
Restructure tariff policy of
State Trasport Undertaking.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Ministry of Health.
-
Ministry of Water Supply and
Sanitation.
-
Ministry of Urban Development.
-
Ministry of Education.
-
Ministry of Power.
-
Ministry of Transportation.
-
Consumer Organisations.
-
Developmental Organisations.
Right
to Healthy Environment
Definition
The right to a physical
environment that will enhance the quality of life. It includes protection
against environmental damage. It acknowledges the need to protect and improve
the environment for future generations as well.
Existing Legal Framework
to Enforce the Right
-
Water (Prevention and Control
of Pollution) Act, 1974.
-
Forest Conservation Act, 1980.
-
Air (Prevention and Control
of Pollution) Act, 1981.
-
Environment Protection Act,
1986.
-
Public Liability Insurance Act,
1991.
-
National Environmental Tribunal
Act, 1995.
-
National Environmental Appellate
Authority Act, 1997.
-
Insectisides Act, 1968.
-
Poisons Act, 1918.
-
Motor Vehicles Act, 1988.
-
Factories Act, 1948.
Steps Which Government Should
Take to Enforce the Right
-
Promoting the use of products
which are environment-friendly.
-
Encouraging recycling of consumer
goods.
-
Requiring environmentally dangerous
products to carry appropriate warnings and instructions for the safe use
and disposal of the product.
-
Promoting consumer awareness
of safer alternatives to toxic products.
-
Encouraging the promotion of
ethical and socially responsible practices by the producers and suppliers
of goods and services.
-
Ensuring that social costs of
pollution are minimised.
-
Establishing procedures to monitor
international developments and ensure products which are banned/restricted
overseas do not find their way into national market.
Agencies Which Need to be
Involved
-
Ministry of Food, Civil Supplies
and Consumer Affairs.
-
Ministry of Environment and
Forests.
-
Ministry of Urban Development.
-
Ministry of Health.
-
Ministry of Transportation.
-
Ministry of Agriculture.
-
Business Organisations.
-
Consumer Organisations.
-
Developmental Organisations.
-
Print and Electronic Media.
-
Schools, Colleges and Universities.
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