Role of R&D Institutions in Consumer Protection

1. Role of R&D Institutions in Consumer Protection P. Pushpangadan National Botanical Research Institute (Council of Scientific &Industrial Research), Rana Pratap Marg, Lucknow, India 15.1.2006 NBRI Auditorium

2. Consumer • Aconsumer is a user of goods and services • Any person paying for goods and services has the right to demand quality services and products. • Before the industrial era the producer/settler and the buyer/customer/consumer has close contact and understanding. • Industrialization and mass productive systems involving machines has undermined close contact between seller and consumer was almost lost.

3. Definitions Goods means goods as defined in the Sale of goods Act, 1930. Under the Act, goods means every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. Service is defined to mean service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing,insurance, transport, processing, supply of electrical or other energy, board or lodging or both,housing construction, entertainment, amusement or the purverying of news or other information but does not include the rendering of any service free of charge or under a contract of personal service.

4. Consumer Acts • In India, we have the Indian Contract Act, the sale of Goods Act, the Dangerous Drug Act, the Agricultural Produce (Grading & Marketing) Act, The Indian Standards of weight and Measure Act, The Trade and Merchandise Mark Act, etc. These Acts to some extent protect consumer interest. • The drawback of the abovesaid Acts is that it requires the consumers to initiate action by way of Civil suit which mostly lengthy legal process which are expensive and time consuming. There need a much more simpler and quicker access to redressed to consumer grievances.

5. Consumer and WTO Regime With the coming of WTO, goods from different countries in the world began to pour the markets of the Third World and the consumers’ interest are not adequately protected.

6. Consumer Protection Act The preamble to the Act states that the Act is legislated to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer’s disputes and for matters connected therewith.

7. Basic Rights under Consumer Protection Act, 1986 The Right to be protected against marketing of goods and services which are hazardous to life and property The right to be informed about the quality, quantity, potency, purity, standard and price of goods, or services so as to protect the consumer against unfair trade practices. The right to be assured, wherever possible,access to variety of goods and services at competitive prices The right to be heard and be assured that consumers’ interests will receive due consideration at appropriate forums The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers The right to consumer education