Consumers by definition include us all, said John F Kennedy in his March 15, 1962, declaration to the US Congress. ``They are the largest economic group, affecting and affected by almost every public and private economic decision. Yet they are the only important group whose views are often not heard.''Kennedy might as well have been prophesying about the state of Indian consumers three decades later. Though most of the Indian laws are either riddled with lacunae or rendered toothless by weak implementation, the Indian consumer has a fair chance of safeguarding his interests or at least seeking a redressal if he is informed about the plethora of civil laws--apart from the Consumer Protection Act, 1986 -- that have been enacted from time to time for his benefit.
One of the earliest enactments, the Indian Penal Code, 1869, deals with death caused by negligence or rashness. Contracts are covered by the Indian Contract Act, 1872. The contract of sale of goods is regulated by the Sale of Goods Act, 1930. TheBureau of Indian Standards Act, 1986, lays down comprehensive provisions for the standardisation, marking and quality certification of goods. Consumers, who go in for hire purchase, are protected by the Hire Purchase Act, 1972.
Barring businesses from indulging in monopolistic, restrictive and unfair trade practices, the Monopolies and Restrictive Trade Practices Act, 1969, checks manipulation of prices and production, and thwarting of competition in the market.
Foods are covered by various laws, like the Standards of Weights and Measures Act, 1976, and the Standard of Weights and Measures (Packaged Commodities) Rules, 1977, which concern weights, measures and ingredients. The adulteration of foods is taken care of by the Prevention of Food Adulteration Act, 1954. The Essential Commodities Act, 1955, is for making available essential commodities at fair prices. The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, is to prevent blackmarketing, curb artificialshortages and maintain supplies of essential commodities.
The Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics (Amendment) Act, 1964, and the Drugs and Cosmetics Rules, 1945, regulate the import, manufacture, quality, sale, supply and distribution of drugs and cosmetics. The sale price of indigenously manufactured drugs is fixed under the Drug (Control) Act, 1950, and the Drugs (Prices Control) Order, 1987. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, prohibits the advertising of remedies claiming to possess magical qualities.
Besides there are some other laws that concern a consumer directly. While the Motor Vehicles Act, 1988, has provisions to ensure safety on roads, the Central Motor Vehicle Rules, 1989, lays down norms for the licensing of drivers of vehicles, fees, the construction, equipment and maintenance of vehicles, and insurance of vehicles against third party risks and offences.
Similarly, the Railways Act, 1890, and the Railways Act, 1989, lay downprovisions regarding safety, fixing of rates, and procedure for probes into accidents, and the Railway Claims Tribunal Act, 1987, provides for determining claims against railways for losses, damage, or non-delivery of goods or for refund of fares and freights or for compensation for death or injury to passengers occurring as a result of railway accidents.
Awareness about laws may only help a consumer in taking an informed decision. But at times even that could make a difference. Particularly when ignorance is no excuse.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
