•  
  •  
 

Abstract

This paper underlines the role of Consumer Courts in the developing consumer jurisprudence in India. It starts with the need to set up Consumer Courts under the Consumers Protection Act 1986. This Act was required in the Indian markets because the well-organized sectors of manufacturers often exploited the consumers. The procedures of Civil Courts were time consuming, expensive and had to follow complicated procedures during trials. Therefore, the Consumer Courts were conceived as alternative quasi-judicial tribunal system which were inexpensive. This law has been amended thrice earlier before being repealed and replaced by the 2019 law which has gone into legal effect from 20th July 2020 ushering in many improvements and changes. It retains the structure and jurisprudence of the Consumer Courts system. The changes in the existing Act of 1986 are mostly positive and explained. The Supreme Court and the National Commission have rendered a series of judgments on consumer law. We are covering three leading themes of consumer jurisprudence which have evolved from the law laid down by the Consumer Courts and upheld by the Supreme Court. One of the leading themes is of class action and joint action on behalf of aggrieved consumers. The second theme is the gradual widening of the types of ‘services’ which are amenable to action in consumer courts. The range of services has been considerable widened under the principle of interpretation of statutes known as ‘ejusdem generis’ as applied to its definition under this law. The third theme is the principle that one-sided agreement between the seller and the buyer which have been drafted by the seller who asks the buyer to sign on the dotted line is unenforceable against the buyer and are unfair trade practices.

Download

Share

COinS