Consumer Protection Rights Of Consumers Can By Dr

LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321-6417)

Consumer Protection: Rights of Consumers can Trusted for Success in India *Dr. Monika Jain Abstract India is developing country suffering from poverty and unemployment, illiteracy is people face a volume of problems, consumer related issues in these countries. The process of development related to new policy privatization liberalization and globalization across the country consumer protection and consumerism in India. The scientific and technological advancement in consumer complex in a number of ways that it is often difficult for the consumer to judge their quality regarding the taste, flavor, style, quality standards of the commodities and services of their products. The consumer does not get remedy to his grievances; therefore there is a need to enforce the laws properly, so that a consumer can enjoy the article purchased by him. Keywords: consumer, quality, advertisement, grievances, Consumer Protection, Consumerism, Right to Safety, Consumer Education.

*Dr. Monika Jain, Assistant Professor, Amity Law School, Affiliated (GGSIPU)

Consumer Protection: Rights of Consumers can Trusted for Success in India *Dr. Monika Jain Every man is a consumer, and ought to be a producer. He is by constitution expensive, and needs to be rich1. Ralph Waldo Emerson Introduction Consumerism may be defined as a social force within the environment designed to aid and protect the consumers by exerting legal, moral and economic pressures on business and government. The consumer movement highlights the following four fundamental rights of consumers. Consumer rights are the rights given to a "consumer" to protect him/her from being cheated by salesman/manufacturer/shopkeeper. Section 2 (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 user 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 deferred 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 any system of

*Dr. Monika Jain, Assistant professor, Amity Law School, Affiliated (GGSIPU) 1

Ralph Waldo Emerson, http://www.brainyquote.com/quotes/keywords/consumer.html#p1H4QQcwDa1PcsJW.99

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 purposes; Explanation.— For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment2;

Consumer protection laws are designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Section 2(r) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely;— (1) The practice of making any statement, whether orally or in writing or by visible representation which,— (i) Falsely represents that the goods are of a particular standard, quality, composition, style or model;

quantity, grade,

(ii) Falsely represents that the services are of a particular standard, quality or grade; (iii) Falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods; (iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, and uses or benefits which such goods or services do not have; (v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (vi)Makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (vii) Gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof; Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence; (viii) Makes to the public a representation in a form that purports to be— (i) A warranty or guarantee of a product or of any goods or services; or 2

Consumer Protection Act, 1986 Section 2 (d),

(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out; (ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made; (x) Gives false or misleading facts disparaging the goods, services or trade of another person. Explanation. - For the purposes of clause (1), a statement that is— (a) Expressed on an article offered or displayed for sale, or on its wrapper or container; or (b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or (c) Contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained3; Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers. Consumer rights are an integral part of our lives like the consumerist way of life. We have all made use of them at some point in our daily lives. Market resources and influences are growing by the day and so is the awareness of one’s consumer rights. These rights are well defined and there are agencies like the Government, consumer courts and voluntary organizations to know about our rights and make full use of them, consumer responsibility is an area which is still not demarcated and it is hard to spell out that all the responsibility is that a consumer is supposed to shoulder. Historical background In the early years when welfare legislatures like the consumer protection Act did not exist, the maxim Caveat emptor (let the buyer beware) governed the market deals. We find the seeds of consumer protection during the Mughal times and especially during the time of Khiljis. During the British regime (1765-1947), also known as the ‘Colonial Era’, Government’s economic policies in India was concerned more with protecting and promoting the British interests than 3

Section 2(r), of Consumer Protection Act, 1986

with advancing the welfare of the native population. The administration’s primary peroccupation was with maintaining law and order, tax collection and defence. The British regime was primarily aimed at serving the colonial rulers intend of the native’s legislation which protected the overall public interest through not necessarily the consumer interest. Prominent among these were:    

Indian Penal Code, 1860, the Sale of Goods Act, 1930, The dangerous drugs act, 1930 and the drugs and cosmetics act, 1940. The laws of torts were more for the protection of the trader than the consumer.

After India’s independence increased emphasis on industrialization during the second five year plan, there was tremendous growth and establishment of heavy industries result there was a considerable amount of migration of rural population to the urban areas in search of employment, as India is characterized by a vast amount of disguised unemployment in the agricultural sector shortage of certain necessaries and non-availability at reasonable rates with mounting pain in the neck of adulteration, it was found necessary to empower the Government to control their production, quality, supply, and distribution. In 1950 has enactment of a number of laws to safeguard the interests of the consumers.  

The Banking Companies Act,1949 (The Banking Regulation Act) The Industries (Development and Regulation) Act, 1951 to implement the Industrial Policy Resolution of 1948 by the National Government in India in the direction of consumer protection.

The basic idea behind the consumer protection movement is protection of the right of consumers. It was President Kennedy who declared the consumers’ rights for the first time in his message to the American Congress in March 1962. They were the right to information, the right to choose and the right to be heard4.

Objective of consumer protection 4

March 15, 1962, President John F. Kennedy presented a speech to the United States Congress in which he extolled four basic consumer rights, later called the Consumer Bill of Rights.

Concerned consumers are realizing that they can use social media to organize themselves around shared values to start effective movements. Social media gives them a sounding board to share ideas, as well as a means to punish irresponsible corporate behaviors5. Simon Mainwaring Economic planning is to allocate resources, as far as possible, for the maximum satisfaction of consumers’ needs goods or services produced in an economy are ultimately meant for consumers logical, moral and political force in the proposition International Organization of Consumer Unions, now known as Consumers International, took the initiative and under its consistent lobbying, the United Nations adopted a set of Guidelines for Consumer Protection on April 9, 19856 which were revised in 19997. The Guidelines address the interests and needs of consumers worldwide and provide a framework for Governments, particularly those of developing and newly independent countries, to use for elaborating and strengthening consumer protection policies and legislation. Consumer protection means safeguarding the rights and interests of consumers. It includes all the measures aimed at protecting the rights and interests of consumers. Consumers need protection due to the following reasons:        

Illiteracy and Ignorance Unorganized Consumers Spurious Goods Deceptive Advertising Malpractices of Businessmen Freedom of Enterprise Legitimacy for Existence Trusteeship

UN Guidelines developing policies for consumer protection • Physical safety; • Promotion and protection of consumers’ economic interests; • Standards for safety and quality of consumer goods and services; • Distribution facilities for essential consumer goods and services; • Measures enabling consumers to obtain redress;

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Simon Mainwaring http://www.brainyquote.com/quotes/keywords/consumers_2.html#jMZDd1ZkuPMJ1WeO.99 United Nations Economic and Social Council adopted 1985 United Nations Economic and Social Council adopted 1999

• Education and information programmes; • Promotion of sustainable consumption; and • Measures relating to specific areas like water, food and pharmaceuticals. These areas have been translated into the following eight consumer rights by the Consumers’ International: 1) Right to Basic Needs; 2) Right to Safety; 3) Right to Choice; 4) Right to Information; 5) Right to Consumer Education; 6) Right to Redressal; 7) Right to Representation; and 8) Right to Healthy Environment8 Industrialization and urbanization, environmental problems also came more to the forefront, but seldom got any worthwhile attention of Indian planners and policy makers till the fateful incident of Bhopal in 1984. Thus the Bhopal catastrophe, perhaps for the first time, focused considerable attention on the industrialization hazards, environmental pollution, Government responsibility and business accountability. The Union Carbide tragedy also highlighted the potential risks to the lives of the citizens or consumers from the operations transnational corporations in foreign lands9. Global Market and economics and progressive removal of international trade barriers, two phenomenons have been witnessed with.  

Foreign brands and franchises. Increasing competition among manufacturers.

Legal provisions 1. Right to Safety To be protected against the marketing of goods which are hazardous to health or life?

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15 March, 1962, US President John F. Kennedy delivered an historic address to the US Congress Bhopal gas tragedy, 2-3 December 1984

2. Right to be informed To be protected against fraudulent, deceitful or grossly misleading information, advertising, labeling or other practices and to be given the facts needed to make an informed choice. 3. Right to Choose To be assured access to a variety of products and services at competitive prices and in those industries in which Government regulations are substituted, to be assured satisfactory quality and service at fair price. 4. Right to be heard To be assured that consumer interests will receive full and sympathetic consideration in the formulation of Government policy and fair and expeditious treatment in its administrative tribunals. 5. The Agricultural Produce (Grading and Marketing) Act, 1937 constitutes the basic law for the grading of agricultural produce. 6. The Drugs and Cosmetics Act, 1940 regulates the import, manufacture, sale and distribution of drugs and cosmetics. 7. The Prevention of Food Adulteration Act, 1959 aims at preventing the sale of impure foodstuff. 8. The Essential Commodities Act, 1955, regulates the production, supply, distribution and trade in essential commodities for the maintenance of the supplies of essential commodities and securing equitable distribution and availability at fair prices. 9. The Packaged Commodities (Regulation) Order, 1979, requires manufacturers to display on labels and packages the weight, contents of the product, date of manufacture, selling price and address of the manufacturer. 10. Some other important acts include the Display of Prices Order, 1973, 11. The Drugs and Magic Remedies (objectionable advertisement) Act, 1954, and 12. The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975. 13. The Consumer Protection Act, 1986. Through this Act, an attempt has been made to strengthen the institutional framework to protect the consumer at local, state and central level.

Consumer movement is essential for protection The terms "consumer movement" and "consumerism" are used as equivalent terms in much writing. The traditional use of the term "consumerism" still practiced by contemporary consumer organizations refers to advancing consumer protection and can include legislators passing consumer protection laws, regulators policing these laws, educators who teach consumer policy, product testers who measure the extent to which products meet standards, cooperative organizations which supply products and services mindfully of consumer interest, as well as the consumer movement itself. The term "consumer movement" refers to only nonprofit advocacy groups and grassroots activism to promote consumer interest by reforming the practices of corporations or policies of government, so the "consumer movement" is a subset of the discipline of "consumerism"10.  A mass protest movement.  Masses are the general body of consumers.  Non-official movement likes Public and voluntary consumers, organizations initiate the movement. In a laissez-faire society, consumer was a king and he was free to choose consumer sovereignty is a myth perfect competition has not been realized imperfect or monopolistic competition and the consumer has only a limited amount of freedom in making purchase choices consumer’s sovereignty in the present socioeconomic context in our country are the only group of people who are so disorganized that they are being exploited all the time by other sectors of the economy—industry, labour and agriculture. Indian consumer is confronted with foodstuff and goods that are adulterated, substandard and unsafe, prices that are inflated and weights and measures that perennially short-change him. Consumer protection movement is an attempt to make the businessmen aware of their social responsibilities legislative measures have already been taken by the Government to safeguard the interests of the Indian consumer wide range of enactments which operate to protect the consumer. There are various institutional factors which are responsible for growing concern for the consumer protection in India. Government is anxious to protect the community through schemes like reformation the public distribution system. Inflation, different anti-social elements have appeared in the market place for exploiting the poor consumers through unfair trade practices like adulteration, underweight, substandard products of goods in short supply. Government has come forward to protect the consumers through the 10

Brobeck, Stephen (1990). The modern consumer movement : references and resources (1. publ. ed.). Boston,

Mass.: G.K. Hall. ISBN 0816118337.

Maintenance of Internal Security Act, MRTP Act, 1969 and the Consumer Protection Act, 1986. Indian traders did not bother about consumers because market environment for most products has changed. Consumers are protected against dishonest and unethical business practices, the long-run business interest will suffer business community is becoming aware of the social responsibility towards customers are becoming more and more conscious of their rights and legitimate demands not ignorant of the market environment are conscious of customers’ rights and to protect their interest, they form organizations like Consumer Co-operative and Consumers’ Councils. Consumer burden imposed by the Government is on the increase fiscal discipline, the tax burdens are increased every year. It has almost become a practice to announce pre-budget hike in administered prices like petro-products, railway fares and post and telegraph rates resistance to these additional burdens. In India consumers suffer from overstated advertisements, impure quality of products, underweight’s, high prices and artificial scarcity of many essential articles. Consumer organizations have been set up in different parts of the country, the movement sufficient strength to become an existing force to consider with. Consumer movement in India: step zone problems        

Lack of leadership and management. Dynamic leadership. Majority of the people are illiterate. Lack consumer education. Effective and regular communication. Lack of financial resources. attitude of the people is not favorable lack of systematic structure

Apart from the legal measures, the main planks for protecting consumers. 

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Public distribution system and consumer co-operative movement. Public distribution system started of consumer goods. It covers food grains, sugar, kerosene and controlled cloth. To expand the coverage to include pulses and edible oil. Check and to ensure equitable distribution of basic foods. Check hoarding and black marketing. Inflationary conditions. consumer goods and quality, price and distribution

Positive Implications The process of development coupled with some indications:

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Increasing liberalization and globalization Technological advancement. Consumer’s ‘right to choice’ Consumer welfare.

Negative implications         

Lack of Practical implementation Buyer is not aware Three tier system Conditions of contract is not proper Corporate social responsibility Time consuming and slow process people are illiterate Poor public distribution system Improper distribution of supply and demand of essential goods.

Law and globalize world International element is likely to make the application of political will, translated into law, extremely difficult. International law does not operate directly on human behavior, or the behavior of corporations; the effective actors in international law are nation-states. Rights and remedies acquired under the law of one nation may be recognized and enforced in another nation, but this is not guaranteed, to obtain redress of grievances may be difficult and technically complex quite apart from the practical difficulties of language, location of parties, and finding a party with sufficient assets to justify initiating enforcement procedures to unify or harmonize their legal rules, there may be difficulties in securing an expression of the policy which produces the same effects. Crucial factor in achieving any political solution to the control of anti-social behavior lies in the effective application of legal rules by entities sufficiently capable of asserting sanctions to affect their efficacy. If citizens can remove themselves from the scope of national laws, nation states may defeat the political process and it is not sufficiently clear what sanctions they may impose to assure compliance with rules they may themselves promulgate developed countries with common law legal systems, the nations of Europe and most recently of Asia have enacted significant consumer protection legislation laws are national, and operate only within the geographical limits of the enacting jurisdiction, except where conflict of laws rules permit them to be applied as part of the law of some other country such existing laws to activities outside the geographical boundaries of the enacting state might prove ineffective. Examples include marketing and sale of goods or services online through the Internet buy laptop by suppliers who are in remote areas, often beyond the reach of legal process. If it is impossible to locate production, marketing, distribution and trade in goods and services in a defined physical and juristic locality, no legal control is possible.

Consumer Protection Laws in the Global World Consumers have required protection through legislation because the general laws and market forces have failed to provide it consumer protection laws either relate to the terms and conditions of contracts that consumers make with suppliers for the supply of goods and services, or to conduct intended to encourage the making of such contracts like marketing, production, research and development, Previous laws, law of contracts, assumed that the parties to contracts are legally equal in terms of power and information in real markets, less power and information than suppliers. The common law of contracts simply cannot afford consumers the protection they probably would seek if they were rational, fully informed, and equal in economic power to the supplier, contract law offers an inadequate basis for an equitable legal transaction, it must be modified by legislation in order to afford greater protection to consumers. Problem of legislative jurisdiction Both public and private international law restricts the power of nation states to provide legal sanctions and remedies. United States anti-trust law provides a good example of Globalization being challenged in its earliest stages. The year, 1892, saw the passage of Anti Trust Laws which made the nascent Industries of the Big Business Era accountable to the people and the Government of the day. Law, politics and practicalities intersect in ways that destroy international goodwill to create the problem of legislative jurisdiction may enforce its extraterritorial laws within its own boundaries. Consumer Protection and Consumerism in India Indian Consumer An examination of the important problems facing the Indian consumer would make clear the need for more effective government intervention and consumer movement to safeguard consumer rights. The following factors make the plight of the Indian consumer miserable. 1. Short supply of many goods and services, especially of essential items, is a very serious problem afflicting the Indian consumer. 2. The demand-supply imbalance has produced all the associated evils of profiteering, hoarding and black-marketing, corruption, nepotism, irresponsiveness and arrogance towards consumers. 3. The Indian consumer is also the victim of lack of effective or workable competition. 3. Many products with which consumers in advanced countries are quite familiar are still new to a very large segment of the Indian consumers. The unfamiliarity of the consumers with product features makes the sale of substandard, inferior or even defective products easier in India than in advanced countries.

4. Low literacy levels and unsatisfactory information flows, the Indian consumers, 5. India is comparatively time-consuming and cumbersome. 6. Effective competition to the private sector, increasing production, improving distribution, etc. 7. Effective State intervention and consumerism to ensure the rights of consumers. Government Measures In India, the Government has taken a number of measures to protect consumer interests. The various Government measures may be classified into (i) (ii)

statutory regulation of private business, and Development of the public sector. Statutory Regulation: The government has enacted nearly 50 laws which can be interpreted in favour of consumer. Government of India has armed itself with a number of statutory weapons to control the production, supply, distribution, price and quality of a large number of goods and services. It is empowered to regulate the terms and conditions of sale, the nature of trade and commerce, etc. Some of such acts have been as follows.

• Indian Contract Act, 1872 • Sale of Goods Act, 1930 • Agricultural Produce (Grading and Marketing) Act, 1937 • Industries (Development and Regulation) Act, 1951 • Prevention of Food Adulteration Act, 1954 • Essential Commodities Act, 1955 • Essential Service Maintenance Act, 1968 • Monopolies and Retributive Trade Practices Act, 1969 • Standard to Weights and Measures Act, 1976 • Bureau of Indian Standard Act, 1986 • Environmental Protection Act, 1986 • Consumer Protection Act, 1986

Growth of Public Sector

There had been a significant growth and expansion of the public sector in India. One of the most important objectives of the public sector was the enhancement of consumer welfare by increasing production, improving efficiency in production, improving efficiency in production and supply, making available goods and services at fair prices, curbing private monopolies and reducing market imperfections, improving the distribution system, and so on. The public sector, in fact, is expected to implement the societal marketing concept. There is, however, a general feeling that the public sector in India has still a long way to go to realize these objectives. It has established monopolies or near-monopolies in public utilities, whose performance is far from satisfactory. Protection for consumer The Central Consumer Protection Council.—(1) The Central Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council11 (hereinafter referred to as the Central Council) (Section 4) The State Consumer Protection Councils (1) The State Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Consumer Protection Council for..................... (here in after referred to as the State Council)12. (Section 7) Establishment of Consumer Disputes 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 notification13. (Section 9) Life Insurance Corporation of India v Gowramm [III (2009) CPJ 25 (NC)] 11.05.2009 The petitioner insurer repudiated the life insurance policy in the name of the respondent's late husband (insured) on the ground of deliberate misstatements and withholding of correct facts regarding the health of the insured. The lower Fora rejected the various contentions of the insurer 11

Consumer Protection Act, 1986 Section 4 Consumer Protection Act, 1986 Section 7 13 Consumer Protection Act, 1986 Section 9 12

and allowed the complaint. Before the National Commission, the insurer relied upon the Commission's decision in L.I.C. of India and Another v Parveen Dhingra [II (2003) CPJ 70 (NC)] and contended that revival of the policy constituted a new contract between the parties and the limitation period of two years under section 45 of the Life Insurance Act, 1938 had to be counted from the date of revival. Therefore, the misstatements and concealment of facts could be made a ground for repudiation even though same were not made a ground at the time of initial policy. The Commission referred to the Supreme Court decision in Mithoolal Nayak v Life Insurance Corporation of India [AIR 1962 SC 814] where the Court had rejected a similar contention that the revival of the policy constituted a new contract between the parties and held that section 45 was clear that the period of two years was to be reckoned from the date on which the policy was originally effected. The Commission observed that the decision of Supreme Court had to be preferred and followed14. HDFC Bank Limited v Balwinder Singh [III (2009) CPJ 40 (NC)]16.03.2009 The complaint was of the bank, or its loan recovery agent, employing musclemen to take forcible repossession of the hypothecated vehicle and thus causing physical harassment and mental trauma to the complainant. The District Forum allowed the complaint and directed the bank to pay compensation of Rs. 4 lakh for repossessing the vehicle in this manner and reselling it to a third party. The State Commission confirmed the order in appeal. Dealing with the bank's revision petition, the National Commission expressed shock that the bank had hired musclemen directly or through its recovery agents to recover the loan/repossess the vehicle. The Commission also referred to the State Commission's order, which had observed that the alleged letter produced by the bank purporting to the complainant voluntarily handing over possession of the vehicle was unreliable and that no notice was given to the complainant at the stages of repossession and sale of vehicle. In dismissing the petition, the Commission relied upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi [III (2007) CPJ 161 (NC)] where it had strongly deprecated such practices. The Commission dismissed the petition and awarded Rs. 25,000/- as exemplary costs in this case15. Medical Superintendent, St. Gregorious Mission Hospital v Jessy & Another [III (2009) CPJ 61 (NC)] 04.05.2009 The District Forum awarded Rs. 2.75 lakh along with interest to the complainants, viz., the wife and daughter of the deceased since the opposite party hospital had been negligent in not providing due care on account whereof the deceased who was undergoing alcoholic psychosis treatment for de-addiction of drugs, had committed suicide by hanging in the hospital. In its revision petition, the hospital contended that it was impossible to provide 24-hour service to look after the affairs and needs of each patient. The National Commission held that the patient was allowed to move away on his own from his ward into an empty ward without being noticed by the nurses and ward boys. The patient hung himself with lungi which was not noticed 14 15

Life Insurance Corporation of India v Gowramm [III (2009) CPJ 25 (NC)] HDFC Bank Limited v Balwinder Singh [III (2009) CPJ 40 (NC)]16.03.2009

by the staff but the co- patients. As per the hospital's own evaluation, the hospital staff should have taken extra care to deal with such a patient but the required degree of care was not exhibited16. The Commission relied upon the Supreme Court judgment in M.S. Grewal v Deep Chand Sood [II (2001) ACC 540 (SC)] and held there was negligence. Relying upon crossexamination of the Medical Superintendent, the Commission held that the complainant wife was not instructed to be continuously with her husband as alleged and that the instruction in the Nurses Daily Record, being in a different ink, was a manipulation17. Conclusion Consumers are an exposed lot for exploitation, more so in a developing country with the prevalence of mass poverty and illiteracy. India too is no exception to it. Instances like overcharging, black marketing, adulteration, profiteering, lack of proper services in trains, telecommunication, water supply, airlines, etc are not uncommon here. From time to time, the government has attempted to safeguard consumer's interests through legislations and the CPA 1986 is considered as the most progressive statute for consumer protection. Procedural simplicity and speedy and inexpensive redressal of consumer grievances as contained in the CPA are really unique and have few parallels in the world. Implementation of the Act reveals that interests of consumers are better protected than ever before. However, consumer awareness through consumer education and actions by the government, consumer activists, and associations are needed the most to make consumer protection movement a success in the country. In India government take initiative for awareness like jago Grahak Jago, Nukkad Natak, seminar, Lok Adalat provision regarding in this field. I suggest mandating a check against corporate social responsibility behind drugs, food, baby products and food, medicine, education sector, health etc.

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Medical Superintendent, St. Gregorious Mission Hospital v Jessy & Another [III (2009) CPJ 61 (NC)]04.05.2009

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M.S. Grewal v Deep Chand Sood [II (2001) ACC 540 (SC)]