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 1st
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