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 J ain
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 J ain, Assistant Professor, Amity Law School, Affiliated (GGSIPU)



Consumer Protection: Rights of Consumers can
Trusted for Success in India
*Dr. Monika J ain
Every man is a consumer, and ought to be a producer. He is by constitution expensive, and needs
to be rich
1
.
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 J ain, 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-employment
2
;

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, quantity, grade,
composition, style or model;
(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 contained
3
;
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 ones 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, Governments 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 administrations primary per-
occupation was with maintaining law and order, tax collection and defence. The British regime
was primarily aimed at serving the colonial rulers intend of the natives 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 Indias 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 heard
4
.





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 behaviors
5
.
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, 1985
6
which were revised in 1999
7
. 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;

5
Simon Mainwaring http://www.brainyquote.com/quotes/keywords/consumers_2.html#jMZDd1ZkuPMJ1WeO.99
6
United Nations Economic and Social Council adopted 1985
7
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 Environment
8

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
lands
9
. 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?

8
15 March, 1962, US President John F. Kennedy delivered an historic address to the USCongress
9
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 consumers
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
economyindustry, 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, underweights, 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.
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:
Increasing liberalization and globalization
Technological advancement.
Consumers 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) statutory regulation of private business, and
(ii) 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 Council
11
(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 notification
13
. (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
12
Consumer Protection Act, 1986 Section 7
13
Consumer Protection Act, 1986 Section 9
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 followed
14
.
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 case
15
.
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
Life Insurance Corporation of India v Gowramm [III (2009) CPJ 25 (NC)]
15
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
exhibited
16
. 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 cross-
examination 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 manipulation
17
.
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 J ago, 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.



16
Medical Superintendent, St. Gregorious Mission Hospital v J essy & Another [III (2009) CPJ 61 (NC)]04.05.2009

17
M.S. Grewal v Deep Chand Sood [II (2001) ACC 540 (SC)]