For the first time when desire to eat for survival must have been felt by a man, concept of consumer and consumed came into existence. Since then, give and take relationship between consumer, seller, producer and subjected consumed goods had been growing and developing in different forms. Its footprints are seen as back in Manusmriti and Koutilya’s Arth Shastra. In olden days, people used to keep their savings with Pandits in trust but later on they realized that their money was used for expanding the business by those Pandits. After this realization, public instead of keeping their money with pandits without charges, converted this tradition into loan system. Later on, it developed into Banking services. System of keeping jewellery under the custody of jewellers for safety later on developed in locker system. Not only that, Koutilya, the great Indian scholar introduced the law related to plea bargaining in India ages back which has been recently brought to our criminal law by amending the criminal [amendment]act 2005. Concept of plea bargaining was codified and consolidated in Artha sastra and it was prescribed that punishment other than death penalty could be bargained by the accused by paying a redemption amount.
Welcome to the journey of consumerism Consumer Protection Act 2019
Hence consumerism is not a new wave. In modern India, it roots back to the revolutionary steps taken by the housewives of Mumbai raising their voice against the quality of goods sold in the market in 1949 and constitution of a consumer protection council for the cause. In the meantime, such move was noted at international level also when American President John Canady gave legal sanction to the rights of consumers protecting their interests against traders and manufacturers. Following these steps UNO also declared 15 March as world consumer day in 1962 and issued certain guidelines in 1985 to be followed by all the nations
In the light of above guidelines Sri Mannu Bhai Shah established Consumer Education and Research Center in 1979. Though there were many acts already in operation but none of them was granting any direct relief to the consumers. They are all penal in nature and state takes action against those defaulting people. They in due course either pay the penalty and continue following the same practices or manage to escape some or the other way. Consumers didn’t have direct grip on them. All the above situations motivated the Indian parliament to pass the Consumer Protection Act 1986.
In the present era of globalization, due to liberalization of the economy, increasing competition, consumers are in greater need of protection and awareness, in order to become a responsible consumer. Consumer Protection Act was enacted with a view of providing, protecting, preserving, enforcing and giving speedy remedy to the consumer on violation of their rights.But Due to fast social changes in the last decade and with development of new technology, consumer law needed overhauling in order to meet the challenge of the market scenario. Hence the new consumer protection law is a repeal of Consumer Protection Act 1986 with the replacement by Consumer Protection Act 2019 in new form with new chapters and resolutions. The present new Consumer Protection Act have certain distinctive incorporations which are going to change the total face of it. Certain new additions are surely going to bring remarkable changes in the market for consumers such as establishment of Central Consumer Protection Authority, Monitoring Cell and Mediation Centres annexed with Consumer Commissions. It has also been provided that apart from manufacturer, the person who becomes the face for advertising for the product giving misleading information shall also be liable and answerable before the courts and authority shall take up the matter under its powers and may also refer matter to the consumer commissions.