Introduction
Consumer play very important role in our nation. In ancient times Kautilya’s Arthshasthra also had the provision to protect consumers. As we are wholly depend on them. We treat customers as guest i.e. Atithi devo Bhava . It’s our responsibility to serve Consumers with Bonafide intention. It’s our Social responsibility as wellbeing of the society. It was said by the Mahatma Gandhi, “The most important visitor in our office is the Consumer It's not up to us. We depend on it. we are not going to do this favor by serving Him. He does us a favor by giving the opportunity to serve him.” The consumer is derived from french word the “consumerer” which means to consume i.e. to eat or drink. Generally in layman language Consumers are one who buys goods or received services and pay some amount as consideration in return. As a wellbeing that we provide suitable goods to our consumer. According to Consumer protection Act a consumers pay for any item for consideration that has been paid or promised in whole or in part or based on a deferred payment system and includes users of those goods other than the person who purchased goods at the paid or promised or partially paid or partially promised or based on a deferred payment system in which the use is made with the consent of the person, but does not include the person who purchased the goods for resale or for purposes commercial.
(ii) use of any services for a consideration paid or promised or partly paid and partly prom¬ised, or under any system of delayed in payment 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 deferred payment, when such services are availed of with the approval of the person but not that person who avails such service for commercial purpose but due to growing needs of the people there is violation of rights. Then campaign was done like “Jago Ghrahak Jago “to create awareness among consumers. People use Unfair trade practices to earn or take advantage of the Consumers.
Unfair Trade Practices
The word unfair means unjust i.e. a person is facing any biasousness. In layman language unfair trade practices means that any business practice that is fraudulent in nature or violate any other rights that is unlawful in eyes of the law. Section 2(1) (r) of the consumer protection act, 1986 states unfair trade practices are those unfair acts that are performed by traders in order to increase their sales and services or supply of goods. The Consumer Protection act, 2019 further on included personal information given by any consumer to the trader for a specific use in intention to keep it safe with them, failure on non issuance of bill or a cash memo, Refusal to take back defective goods or unable to perform service and refuse to refund the consideration amount paid within the period as mentioned in the bill or cash memo or receipt or in the absence of such stipulation, refusal to withdraw or refund goods or services within 30 days .But later on leads to misuse of that personal information by the trader.
There are different types of unfair trade practices that are as follows:-
- False Representation
- Free gifts offers and price schemes
- Failure or non issuance of bill or a cash memo
- Refusal to take back defective goods or unable to perform service and refuse to refund the consideration amount paid within the period as mentioned in the bill or cash memo or receipt or in the absence of such stipulation, refusal to withdraw or refund goods or services within 30 days
- False offer of bargain price
- Fake advertisements
- Destruction, Hoarding, etc
- Non compliance of prescribed standards ,adulterated food
False representation
It means misleading the consumers about the actual price of the goods and services that are available in the market, Misrepresent about the quality, composition, quantity, weight age of the goods and also the misrepresentation of the services that are to be provided, Misleading the consumer about the usage of the goods.
Free gifts offers and price schemes
It means offering any gifts or price with the real intention to include the price of the gifts offered with the product itself or to organize a contest on condition “If you win you get a gift” on the payment basis.
Failure or non issuance of bill or a cash memo
It means when the trader does not generate a bill or a cash memo to the consumer for buying a product or availing certain service from the trader.
Refusal to take back defective goods or unable to perform service and refuse to refund the consideration amount paid within the period as mentioned in the bill or cash memo or receipt or in the absence of such stipulation, refusal to withdraw or refund goods or services within 30 days
When there is any defect in the goods and the seller refuses to change the particular product on the demand of the consumer, when there is deficiency of the service provided by the service provider to the consumer and the service provider refuses to withdraw the consideration paid by the consumer to the service provider.
False offer of bargain price
Misleading the price of the product to the public that is not the actual price of the product available in the market, unless the specific price of the product is mentioned which has been sold to the consumer or service provided by the service provider to the consumer.
Fake advertisements
When the seller of any product or any service provider makes an false advertisement of the specific product or the services which they want to sell or provide, either in the newspaper, magazine or any other mode of advertisement.
Destruction, Hoarding, etc
Hoardings of injuries goods which are hazardous to life amounts to an unfair trade practice. Any hoarding or destruction of the particular product with the main intention to increase the prizing of the goods and services leads to unfair trade practice.
Non compliance of prescribed standards and adulterated food
At the time of supply of goods consumer should know the fact that the goods which the consumer is buying are of a prescribed standard. Prescribed standard of the goods includes design, packaging, labeling, risks involved in the usage of the goods to be mentioned on it etc. If the good is not according to the prescribed standards then it leads to unfair trade practice. Food which get poisonous due to adulteration and selling it also amounts to unfair trade practice.
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Remedies
Remedy basically means treatment to cure your illness or to provide protection when there is problem whereas legal remedy means a way of resolving the issue by ordering a compensation in civil and penalizing in criminal by court of law against any harm caused to person or to do something to correct or improve. laws have been to protect the rights of the consumers against unfair trade practices like false advertisement ,or disclosing the personal information of consumers without taking their consent. Misleading quality and quantity of product. As the there is violations of rights of the consumers and there is new technologies had been introducing day by day consumers are depending on online payments and E-commerce there is immense need to protect the interest of consumers.
• Penalty for false advertisement:
Penalty should be charged against the person who is using false advertisement to increase its sales or person who is not providing service according to the material mentioned in advertisement
• Criminal laws:
If injury is caused that amounts to grevious hurt there is imprisonment upto 7 years
• Hazardous goods:
Sale of hazardous good should be stooped so that consumers will no able to spend their money on these types of goods which is threat to their life. For example people of lower class who are addict of these type of goods don’t spend on useful things but on such things.
• Providing appropriate cost for deficiency in the service :
If there is deficiency in the service appropriate cost has been awarded in respect as person facing problem due to failure in performance of service.
• Discontinue in selling goods on condition:
It means for increasing sale of their product the seller use to give tea only when they purchase goods of rupees 100 minimum.
• Competition act 2000
It get amended and finally competition (Amendment )act 2009 come to stop anti competitive agreements that affects consumers at first consumer get advantage than they fall pray and then they face adverse effect.
Conclusion
From the above discussion it means that the consumer are still manipulated by the traders of the goods and the service providers by either ways and the consumer should be aware of the remedies available to him under the consumer protection act. So, it is very important that the consumer should know about the facts of what is fair and what is unfair.
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