Unlike in the past, consumers are now protected by several laws. These laws confer a number of rights on consumers and impose certain duties on the sellers and those who provide professional services. Violation of these rights and duties may entail criminal and civil consequences. The Consumer Protection Act was enacted in 1986 as a part of an international agreement seeking to provide for better protection to the interests of consumers and to provide speedy and simple redressal to consumer's disputes. Consumer law is generally a combination of criminal and civil laws. Sometimes both laws overlap. If a pharmacist sells misbranded medicines it is a criminal offence. If it harms a patient, he can demand compensation from the pharmacists. So there could be several remedies for the violation of consumer's rights.
The object and reasons behind the Consumer Protection Act are based on inherent rights. These inherent rights are :
In a doctor-patient relationship, the patient is entitled to services from the doctor in such a degree of professional skill and expertise as would be expected from such a medical man of similar qualifications and standard.
In case the service is availed from a specialist, then the degree of skill required to be exercised is more. The patient is entitled to such medical attention in case of emergencies that would prevent loss of life or limb. The doctor must exercise the methods based on scientific principles. The nature of the disease and implications thereof should be explained to the patient and / or his attendants. Patient must not be neglected. Any procedure requiring a prior consent of the patient or his guardian must be properly taken before carrying on the procedure.
Actuated with the above purpose, a speedy, inexpensive and simple quasijudicial machinery of redressal agencies to adjudicate consumer disputes have been set up at the district, state and national level. These bodies are required to decide disputes keeping in mind the basic principles of natural justice and have power to grant certain reliefs as provided in the Act. In appropriate case the compensation or damages are also awarded. There are penalties for noncompliance of the order so passed.
Consumer i.e. (patient or purchaser of goods or services)
Registered consumers organization.
The Central Government or any State Government.
One or more consumer high legal heir or representative.
A very important aspect of initiation and maintain ability of legal procedure is the law of limitation. The basis of proposition is that when a person has suffered any wrong, he must not waste time. The maxium period within which action must be initiated i.e. suit petition or complaint must be filed is the limitation of such proceedings. The Limitation Act, 1963 prescribes the statutory period within which legal proceedings may be initiated for adjudications of various suits, petition complaint appeals, review, revision and such other legal action. The Consumer Protection (Amendment) Act, 1993 has introduced a new section 24 A prescribing the limitation period. It specifically provides that the District Forum, State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years, from the date on which the cause of action has arisen. However the delay may be condoned if complainant satisfies the Forum or Commission that he had sufficient cause for not filing the complaint within such period, and after recording their reasons for condoning such delay, they may entertain the complaint.
As a law abiding citizen and as a healthy consumer, one should never abuse the provisions of the Consumer Protection Act and use it as a tool to blackmail one's opponent or cultivate mercenary gains. Section 26 of the Consumer Protection Act clearly stipulates that the complaints found to be frivolous or vexatious shall be dismissed. It means that the Forum or Commission would definitely apply its mind to contemplate the bonafides of allegations, to test the truth and veracity of evidence and to ensure that relief claimed is not offered as such.
It is not just the dismissal of a frivolous or vexatious complaints but an order is also passed that the complainant shall pay to the opposite party such cost not exceeding ten thousand rupees, as may be specified in the order.