other acts to protect consumers

OTHER ACTS TO PROTECT CONSUMERS

Consumer protection is the process of defending consumers against unscrupulous practices by producers and sellers. Over time, case law in this country has developed to provide consumers with a range of protections, although the best protection is the common sense of an individual consumer. There are a number of laws to protect consumers including:

THE SALE OF GOODS ACT 1930

            This Act aims at providing goods that must be: of satisfactory quality' 'fit for the purpose' for which they are intended 'as described' by the seller.

             1. Contract of sale (Section5)

·        A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by installments, or that the delivery or payment or both shall be postponed.

Eg:-A customer enters a mobile shop with the intent of buying a smart phone, as per the requirements of the customer the salesperson makes various offers to the customer, the customer may accept or deny them depends on the customer, depending on the payment method and availability of the product, he may pay immediately by cash, by cheque, or by emi payments and may get the product ar that time or later or by delivery.

·        Subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties.

THE ESSENTIAL COMMODITIES ACT 1955

This act provides, in the interest of the general public, for the control of the production, supply of distribution of, and trade and commerce in certain commodities.

"Essential commodity" means any of the following classes of commodities:-

• (1) cattle fodder, including oilcakes and other concentrates;
• (2) coal, including coke and other derivatives;
• (3) component parts and accessories of automobiles;
• (4) cotton and woollen textiles;
• (5) Drugs.

PREVENTION OF FOOD ADULTERATION ACT 1995

Food is one of the essentials for proper maintenance of human health. Access to pure, nutritious food, free from any type of adulteration is the right of every citizen. The Directorate of prevention of Food Adulteration is responsible for checking adulteration misbranding of food articles.

The Prevention of Food Adulteration Act was enacted in 1954 to strengthen the system for preventing food adulteration. The Act came into effect from 1^st June, 1955. The Act was subsequently amended several times.

THE STANDARDS OF WEIGHTS AND MEASURES ACT 1976

The Standards of Weights and Measures Act 1976 aims at introducing standards in relation to weights and measures used in trade and commerce. The ultimate objective is to protect the interests of the consumers.

·        Objectives: The act enlists the following objectives-

1.      Establish standards of weights and measures.

2.      Regulate inter-State trade or commerce in weights and measures and other goods, which are sold or distributed by weights, measures and number.

·        Manufacture/Sale/Distribution:

Only licence holder can manufacture weights and measures and shall have approved models.

·        Penal provisions:

1.      Authorities also have the power to inspect, search, seize and forfeit the goods involved in the offence. A fine of ₹500/- to ₹1000/- and imprisonment up to seven years, if violation (use of non-standard units in non-metric system for weights and measures) of any provisions of the Act is found.

Eg:-Suppose a customer goes to buy a bisleri 1 litre bottle at a shop, he gets at ₹20 and then goes to another shop to get it cheaper, but he gets bisleri 800ml bottle at ₹17. Now at this stage the customer is confused whether to purchase the 1 litre bottle or the 800ml bottle