The moment a person comes into this world, he startsconsuming goods and services. He needsclothes, milk, oil, soap, water, and many more things and these needs keeptaking one form or the other during his/her life. When we approach the market as a consumer, weexpect value for money, i.e. right quality and quantity, right prices,information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated.
The year 1986, was a‘Magna Carta’ in the history of consumerism. It was in this year that the Consumer Protection Act (CPA) was enactedfor better protection of the interests of consumers. It covers all the sectors whether private,public, and cooperative or any person. The provisions of the act are compensatory as well as preventive andpunitive in nature and the act applies to all goods covered by the sale ofgoods act and services unless specifically exempted by the CentralGovernment.
The term deficiencyin service has been applied differently to different sectors. For example, in the banking sector, acts suchas delay in issuing a cheque-book, non-encashment of a cheque and delay havebeen held to be deficiency. In the medical sector, courts are not as liberaland count only gross negligence as deficiency. The courts have however been proactive in holding that even departmentssuch as the housing boards are liable for any deficiency in servicesrendered. In Goa several cases have beenfiled against the Goa Housing board over the years for bad/defectiveworkmanship.
When an airline losesthe luggage of any of its passengers, the same is considered to be a deficiencyin service. The passenger in this casewould not only be entitled for cost of goods lost in transit by the airlinesbut the airlines would also have to pay the passenger costs and damages forinconvenience caused. In one case wherethe luggage of a group of musicians was misplaced by the airlines, the airlineshad to pay very heavy compensation as the group had to buy not only new clothesbut also new instruments.
Where a young childis taken to the hospital by the parents and the doctor doesn’t treats the childproperly, the parents of such a minor child can file a complaint under theAct. In Spring Meadows Hospital V/sHarjot Ahluwalia the legal representative of the deceased filed thecomplaint. The act does not expressly indicatethat the LR of a consumer are also included in its scope. It is by operation of law that the legalrepresentatives get clothed with the rights, status and personality of thedeceased.
U/s 27 CPA where atrader or the complainant fails to comply with an order made by the forum, suchperson is liable to a punishment with imprisonment for a term which is not lessthan one month but which may extend to three years or with fine.
The writer a social scientist and lawyer hasbeen a senior member for 10 years at the Consumer Court in Goa
