CONSUMER PROTECTION 11.1. Promotion of consumer welfare is the common goal of consumer protection and competition policy.

At the root of both consumer protection and competition policy is the recognition of an unequal relationship between consumers and producers. Protection of consumers is accomplished by setting minimum quality specifications and safety standards for both goods and services and establishing mechanisms to redress their grievances. The objective of competition is met by ensuring that there are sufficient numbers of producers so that no producer can attain a position of dominance. If the nature of the industry is such that dominance in terms of market share cannot be avoided, it seeks to ensure that there is no abuse on account of this dominance. Competition policy also seeks to forestall other forms of market failure, such as formation of cartels, leading to collusive pricing, division of markets and joint decisions to reduce supply. Mergers and acquisitions also need to be regulated as they reduce competition. CONSUMER PROTECTION IN INDIA 11.10. The Consumer Protection Act was enacted in 1986 based on United Nations guidelines with the objective of providing better protection of consumers interests. The Act provides for effective safeguards to consumers against various types of exploitations and unfair dealings, relying on mainly compensatory rather than a punitive or preventive approach. The Act applies to all goods and services unless specifically exempted, and covers the private, public, and cooperative sectors and provides for speedy and inexpensive adjudication. The rights provided under the Act are: 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 and services, as the case may be, to protect the consumer against unfair trade practices The right to be assured of access to a variety of goods and services at competitive prices The right to be heard and assured that consumer interest will receive due consideration at appropriate forum. The right to seek redressal against unfair or restrictive trade practices or unscrupulous exploitation of consumers The right to consumer education

During the course of a life time, an individual comes into contact with and carries out usiness dealings with large corporate, associations of persons, government departments, service sectors like banks, insurance, hotels, hospitals and other bodies. These are large, impersonal bodies with resources much larger than an individual's. Most developed countries have set up watchdog bodies to help the individuals in this unequal fight and the individual enjoys an enviable amount of protection from the avarice and indifference of large bodies. Under the Consumer Protection Act, every district has at least one Consumer Redressal Forum, more commonly called a Consumer Court. Here, consumers can get their grievances

heard. Above the district forums are the State Commissions. At the top is the National Consumer Disputes Redressal Commission in New Delhi. A written complaint to the company is taken as proof that the company has been informed. The complaint must be backed by copies of bills, prescriptions and other relevant documents, and should set a deadline for the company to respond. Consumers can also complain through a consumer organization. If the company does not respond, consumer can approach the consumer court. Again, this can be done directly or through a consumer organization. Claims of less than Rs. 5 lakhs should be filed with district forum, claims of Rs. 5-20 lakhs directly with the State commission, and claims of more than Rs.20 lakhs with the National Commission. The set-up of consumer forum is geared to provide relief to both parties, and discourages long litigation. In a process called 'informal adjudication', forum officials mediate between the two parties and urge compromise. If a defaulter does not appear in court despite notices and reminders, the court may decide the matter in his absence. The forum can sentence them to a maximum of three years' imprisonment and impose a fine of Rs. 10,000. Forums can issue warrants to produce defaulters in court. They can use the police and revenue departments to enforce orders. Please note that consumer courts provide redress only in cases of products or services for personal use, defects in products used for commercial purposes are not entertained. In the Complaint, consumer should mention clearly the name and address of the person who is complaining and against whom the complaint is being filed. Copies of relevant documents must be enclosed. The consumer must mention details of the problem and the demand on the company for redressal. This could be replacement of the product, removal of the defect, refund of money, or compensation for expenses incurred and for physical/mental torture. However, please ensure that the claims are reasonable. Avoid using e-mail, voice mail or telephone because such communications cannot be proved. The complaint can be in any Indian language, but it is better to use English. Conclusion Invariably, consumers are a vulnerable 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 governments have attempted to safeguard consumers' interests through legislations. There are instances where injustice is done to the individual due to callous and indifferent attitude of certain personnel of these bodies. Individuals often do not have recourse to costly litigation to seek justice and has to, per force, bear such injustice. Such submission to injustice emboldens the perpetrators and makes them even more brazen.