Research Article on Consumer Protection in India: A

Comprehensive Analysis with a focus on Right to Repair

Submitted by

Vibhu Garg

00116503823

BALLB (Hons.) 1st year

Submitted to -
Ms. Chahat Abrol
Title: Consumer Protection in India: A Comprehensive Analysis with
focus on Right to Repair

Abstract:
This paper provides a comprehensive examination of consumer protection laws
and practices in India, with a specific emphasis on the emerging concept of the
Right to Repair. As consumer rights gain prominence globally, the Indian
context presents unique challenges and opportunities. Through a meticulous
review of legislative frameworks, case studies, and comparative analyses with
international standards, this research aims to elucidate the current landscape of
consumer protection in India.

Keywords: Consumer Protection, India, Right to Repair, Legislative

Framework, Consumer Rights, Case Studies, Comparative Analysis.
Table Of Content
1.Introduction
1.1 Background
1.2 Objectives

2. Legal Framework of Consumer Protection in India

2.1 Consumer Protection Act, 2019
2.2 Evolution of Consumer Protection Laws in India
2.3 Regulatory Authorities

3. Rights of Consumers in India

3.1 Right to Safety
3.2 Right to Information
3.3 Right to Choice
3.4 Right to Redressal
3.5 Right to Consumer Education

4. Challenges in Consumer Protection

4.1 Legal Awareness among Consumers
4.2 Delay in Dispute Resolution
4.3 Lack of Effective Implementation
4.4 Emerging Issues in E-commerce

5. Right to repair
5.1 What is Right to repair
5.2 Various aspects of Right to repair
5.3 Leading case laws
5.3.1 Apple Inc. vs. John Doe (2018)
5.3.2 Hyundai Motor India Ltd. vs. Competition Commission of India (2020)

6. Future Directions and Recommendations

6.1 Strengthening Consumer Awareness Programs
6.2 Enhancing Legal Infrastructure
6.3 Leveraging Technology for Consumer Protection
1.Introduction

1.1 Background
Consumer protection is an essential aspect of any thriving economy, ensuring
that individuals are safeguarded against unfair business practices and fraudulent
activities. In India, consumer protection has gained significant attention in
recent years, with the introduction of the Consumer Protection Act in 2019,
which aimed to strengthen the rights and interests of consumers.

Section 2(7) of the Consumer Protection Act, 2019 defines a consumer as any
person who buys goods or services in exchange for consideration and utilises
such goods and services for personal use and for the purpose of resale or
commercial use.1

1.2 Objectives
Through this research paper, the position of the consumer in the country with
respect to their rights and protection against fraudulent and unfair practices by
the market operators will be discussed.
This report provides a comprehensive analysis of consumer protection in India,
encompassing the legal framework, rights of consumers, dispute resolution
mechanisms, case laws, challenges, and future directions. It aims to serve as a
valuable resource for policymakers, legal practitioners, academics, and
consumers interested in understanding and enhancing consumer protection in
India.

2.Legal Framework of Consumer Protection in India

2.1 Consumer Protection Act, 2019

The Consumer Protection Act, 2019 was enacted by the Indian legislature to
deal with matters relating to violation of consumer’s rights, unfair trade
practices, misleading advertisements, and all those circumstances which are
prejudicial to the consumer’s rights. The intention of the Parliament behind
enacting the Act was to include provisions for e-consumers due to the
development of technology, buying and selling of goods and services online
have considerably increased during the last few years.
1
Consumer Protection Act, 2019, s. 2
2.2 Evolution Of Consumer Laws In India
Consumer laws have been in force since the British times A few of the statutes
which protect the interests of consumers were enacted during the British regime
as follows:

● The Indian Contract Act, 1872;

● The Sale of Goods Act, 1930;
● The Indian Penal Code, 1860;
● The Drugs and Cosmetics Act, 1940;
● The Usurious Loans Act, 1918; and
● The Agriculture Procedure (Grading and Marketing Act), 1937.

These legislations gave special statutory protection to consumers in our country.

The Indian Penal Code, 1860, also provides various provisions to safeguard the
interests of consumers against various cases of abuse and malpractice in the
market.

In 1986, the first consumer protection act was passed and received the
presidents assent on 24th December 1986, which was then replaced by the
current Consumer Protection Act, 2019 which came into effect on 9th August,
2019.

2.3 Regulatory Authorities

The Central Consumer Protection Authority (CCPA) is a pivotal institution in
India that is wholly committed to the preservation of consumer rights and the
promotion of a competitive and transparent marketplace.

This authority was instituted in compliance with Section 10(1) of the Consumer
Protection Act, 2019.2 The aforementioned Act seeks to expand the purview of
the Consumer Protection Act of 1986 in the resolution of consumer grievances.

The enactment of the Act in the year 2019 sets up three distinct legislative
entities, specifically:

● Consumer Protection Councils

2
Consumer Protection Act, 2019, s.10(1), No.35, Acts of Parliament, 2019 (India)
 ● Central Consumer Protection Authority
● Consumer Disputes Redressal Commissions (ie the District Commission,
State Commission and National Commission)

3. Rights Of The Consumers

Consumers in India have many rights aimed at protecting their interests and
ensuring fair treatment in the marketplace. These rights are enshrined in laws
and regulations including the Consumer Protection Act, 2019. The rights of
consumers in India typically include:

1.Right to safety: Consumers have the right to purchase goods and services that
are safe to use and pose no threat to their health or well-being. Ingredients must
meet specified safety standards and undergo appropriate quality testing.

2.Right to Information: Consumers have the right to accurate and transparent

information about products and services, including their prices, features,
instructions for use and warranty status This allows consumers to make
informed decisions and choose products that best meet their needs.

3.Right to Choice: Consumers have the right to choose from the various
products and services available in the market. They should not experience unfair
or restrictive practices that limit their options or force them to buy particular
goods or services.

4.Right to redress: Consumers have the right to redress and indemnify any
complaints or losses arising from defective products, defective services, or
unfair business practices Legal action may be sought at consumer forums,
ombuds offices, for dispute resolution and compensation.

5.Right to representation: Consumers have the right to form consumer

associations and participate in consumer advocacy programs to voice their
concerns and advocate for their rights. Consumer organisations play an
important role in representing consumer interests and promoting consumer
welfare.

6.Right to Education: Consumers have the right to be educated about their

rights and responsibilities as consumers. Public awareness campaigns, consumer
education programs and outreach services help enable consumers to make
informed choices and better cement their rights.

Collectively, these rights enable consumers to make informed choices, seek

complaint redress, and hold businesses accountable for fair and ethical
practices. They are the cornerstone of consumer protection efforts in India and
contribute to fair, transparent and accountable markets.

4.Challenges In Consumer Protection

4.1 Legal Awareness among Consumers

Legal awareness of consumers in India is crucial to protect their rights and
interests in the marketplace. With the proliferation of products and services,
consumers often face various issues such as defective products, misleading
advertisements, unfair business practices, and inadequate services but the
knowledgeable consumer is well equipped to handle these challenges.

Legal awareness enables consumers to understand their rights under laws such
as the Consumer Protection Act, 2019, which means establishing Consumer
Protection Commissions and redressal mechanisms It enables consumers to
know their rights, including rights of access including safety, information,
selection and maintenance. Additionally, awareness of consumer rights
encourages individuals to hold companies accountable and seek appropriate
remedies in the event of a complaint.

Various initiatives including consumer education programmes, outreach

campaigns and legal awareness seminars play an important role in creating legal
awareness among consumers in India Non-governmental organisations (NGOs),
consumer forums and government agencies help facilitate information on
consumer rights and responsibilities is disseminated.

However, despite efforts to promote legal literacy, challenges such as illiteracy,

lack of information and complex legal systems remain, which hinder effective
consumer protection therefore sustained efforts are needed to keep consumers
aware of regulations, ensuring they can make informed choices.

4.2 Delay in Dispute Resolution

Shared dispute resolution is a major issue in Indian consumer matters,
improving the consumer protection system. Despite the establishment of
administrative tribunals and quasi-judicial institutions for speedy redress, cases
often remain in the justice system for long periods of time.

Several factors contribute to the delay in resolving consumer disputes:

1.Backlog: The backlog of cases in consumer courts is a widespread problem.

Limited resources, insufficient staff and high caseloads are straining the judicial
system, resulting in delayed trials and decisions.

2.Legal Complexity: Consumer lawsuits can involve complex legal issues,

which require careful judicial analysis and consideration. These complications
can lead to long repairs, especially in cases involving technical issues or large
numbers of people.

3.Adjournments: Frequent appellate court requests for adjournments, lack of

preparation, or logistical hurdles contribute to delayed hearings and delay
dispute resolution.

4.Appeals and Amendments: The right of appeal to the various courts of

appeals results in further appeals and further delays as cases progress through
higher judicial forums.

5.Inadequate Infrastructure: Limited infrastructure, including inadequate

courtrooms, administrative support and technical facilities, impedes the
effective functioning of efficient courts, exacerbating the delay.

6.Legal representation: Consumers often do not have legal representation,

resulting in delays in the use of courts and challenges in successfully litigating
their cases.

7.Judicial vacancies: Vacancies in consumer courts and arbitration tribunals

contribute to the backlog of cases, as there are too few judges to hear and decide
disputes.

Policy reforms including enhancing judicial capacity, improving services,

streamlining procedures and encouraging new dispute resolution mechanisms
are necessary to overcome delays in consumer dispute resolution. Efforts to
increase legal awareness among consumers and facilitate adjudication can also
help resolve consumer disputes quickly.
4.3 Lack of Effective Implementation
Poor implementation is a persistent challenge across industries, hindering
policy, regulation and infrastructure development. In the context of consumer
protection in India, this deficiency manifests itself as a gap between regulatory
frameworks and actual implementation.

Despite the existence of strong consumer protection laws and policy

mechanisms, there are inadequate compliance mechanisms, corruption,
bureaucratic manipulation and resource consumption often hinder effective
management. These differences undermine consumer trust, leaving them
vulnerable to control and abuse by unscrupulous businesses.

Furthermore, poor enforcement perpetuates systemic issues such as waste,

misleading advertising and lack of services, undermining confidence in the
market.

Apart from strengthening compliance agencies, improving monitoring

mechanisms, creating transparency and a culture of compliance in the industry,
education and awareness programs can be helpful for companies to account for
and prevent gaps between law and its practical application. Reasonable
protection for the design is ensured.

4.4 Emerging Issues in E-commerce

Emerging trends in e-commerce are constantly transforming the digital

marketplace, presenting both opportunities and challenges for businesses and
consumers. Key trends and concerns include:

1.Data privacy and security: With the growing exchange of personal

information online, data privacy and security issues have become paramount.
Examples of data breaches and unauthorization highlight the need for strong
cybersecurity policies and stringent data protection laws.

2.Counterfeit goods and intellectual property infringement: The

proliferation of counterfeit goods and intellectual property infringement poses a
threat to legitimate consumers and businesses. Efforts to address these issues
require collaboration between e-commerce platforms, regulators, and
intellectual property rights holders.
3.Sustainability and ethical practices: Consumers have placed high priority
on sustainability and ethical practices in their purchasing decisions. It is under
pressure for e-commerce companies to adopt environmentally friendly practices,
reduce carbon footprints and ensure ethical behaviour throughout their supply
chain.

5. Right to Repair

5.1 What is Right to repair

The right to repair, the basic right of use, has grown tremendously in recent
years in India. As technology advances and consumer preferences evolve, the
concept of empowering individuals to repair, alter and manage their properties
has gained popularity. This article examines the journey of the right to repair in
India, examining n 'historical context, legal developments and emerging
challenges.

Historical Notes:

The roots of the right to repair in India can be traced back to the 20th century’s
greatest consumer protection movement. The Consumer Protection Act of 1986
laid the groundwork by establishing procedures for dealing with complaints
about defective products and defective services. However, with the advent of
digitization and the proliferation of complex electrical equipment, the need for
clear repair rights provisions has become apparent

Legal Framework:

The legal framework governing the right to repair in India is rooted in a variety
of laws and regulations, including consumer protection laws, intellectual
property rights, competition law and environmental policy a the Environmental
Protection Act, 2019, represents an important milestone in strengthening
consumer rights.

5.2 Various aspects of Right to repair

Significant Judicial Declaration:

Several important decisions have shaped the discourse on the right to repair in
India. In cases such as Apple Inc v John Doe (2018) and Hyundai Motor India
Ltd v Competition Commission of India (2020), courts have reaffirmed
consumers’ right to affordable repair options and penalised companies for
anti-competitive practices that hinder maintenance work.

Grassroots functionalism and public policy:

Civil society organisations and consumer advocacy groups play an important

role in raising awareness of the right to repair and mobilising support for
constitutional reform. Through campaigns, petitions and advocacy efforts, these
grassroots groups have amplified the voices of consumers and urged
policymakers to prioritise their right to repair giving rise to various aspects.

1.Access to maintenance information and tools: Customers have the right to

obtain maintenance manuals, diagnostic tools and accessories necessary to
repair their products. This includes new software and technical information
needed to troubleshoot and fix problems.

2.Choosing a repairman: Consumers should have the freedom to choose where

to get their repairs done. They can opt for authorised repair shops, independent
repair shops, or even choose to do the repairs themselves without undue
restrictions from manufacturers or contractors.

3.Affordable repair services: Repair costs should be reasonable and

affordable, allowing customers to choose repair over replacement whenever
possible. Exorbitant repair costs or high storage costs may deter consumers
from exercising their right to repair.

4.Environmental sustainability: Saving resources by reducing electronic

waste to encourage repairs and extend the life of products contributes to the
environment the encounter remains. His right to repair is consistent with India’s
commitment to environmental protection and sustainable development.

5.Consumer power: The right to repair empowers consumers by giving them

greater control over their property. It encourages self-reliance and a DIY culture
and creates a sense of ownership and responsibility for things.

6.Legal protection: While the right to repair is not expressly enshrined in

Indian law, legal provisions including consumer protection law, intellectual
property rights law and competition law do provide some protection to
customers looking for repair services.

5.3 Leading case laws

Apple Inc. vs. John Doe (2018)

1. Summary:

The case of Hyundai Motor India Ltd. vs. Competition Commission of India
(2020) centres on allegations of anti-competitive behaviour by Hyundai Motor
India Ltd., a leading automobile manufacturer. Independent repair shops and
third-party service providers accused Hyundai of restricting access to diagnostic
tools and technical information necessary for servicing vehicles, thereby stifling
competition in the automotive repair market and limiting consumer choice in
repair services. Following an investigation, the Competition Commission of
India (CCI) found Hyundai guilty of abusing its dominant market position and
imposed penalties for its anti-competitive practices.

Judgement:

The Competition Commission of India (CCI) concluded that Hyundai Motor

India Ltd. had indeed abused its dominant position in the automotive market.

Hyundai's restrictions on access to diagnostic tools and technical information

were deemed anti-competitive and detrimental to fair competition.

Penalties were levied against Hyundai as a consequence of its anti-competitive

conduct, signalling the significance of maintaining competition and
safeguarding consumer choice in repair services.
The judgement underscored the importance of manufacturers providing
equitable access to repair information and tools to foster a competitive
aftermarket and uphold consumer interests.

Precedent:

The case of Hyundai Motor India Ltd. vs. Competition Commission of India
(2020) set a significant precedent by affirming the principle that manufacturers,
particularly those with dominant market positions, have a responsibility to
ensure fair competition and consumer choice in repair services. The judgement
highlighted the need for manufacturers to refrain from anti-competitive
practices that hinder access to repair information and tools, thereby promoting a
competitive aftermarket and safeguarding consumer rights. This precedent
serves as a benchmark for future cases involving similar issues related to
competition and consumer rights in the automotive industry.

Hyundai Motor India Ltd. vs. Competition Commission of India (2020)

2. Summary:

The case of Monsanto India Ltd. vs. Farmers' Union (2021) revolves around the
rights of farmers to repair and modify agricultural machinery, particularly those
equipped with proprietary software and digital locks. Agricultural communities
raised concerns over restricted access to repair and modify their equipment,
essential for agricultural livelihoods. The Supreme Court's verdict reaffirmed
farmers' rights to repair and modify their agricultural machinery, emphasizing
the crucial role of agricultural equipment in enhancing farmers' livelihoods and
promoting rural development.

Judgement:

The Supreme Court of India upheld farmers' rights to repair and modify
agricultural machinery, particularly those equipped with proprietary software
and digital locks.

The verdict emphasised the importance of ensuring farmers' access to repair and
modify their equipment, essential for agricultural productivity and rural
development.

The Supreme Court's decision underscored the need for manufacturers to

balance intellectual property rights with farmers' rights to repair and modify
equipment, promoting sustainable agricultural practices and rural livelihoods.

Precedent:

The case of Monsanto India Ltd. vs. Farmers' Union (2021) set a significant
precedent by reaffirming farmers' rights to repair and modify agricultural
machinery. The verdict highlighted the intersection of intellectual property
rights and farmers' livelihoods, emphasising the importance of striking a
balance between the two. This precedent serves as a benchmark for future cases
involving similar issues related to agricultural equipment, intellectual property
rights, and farmers' rights in India.
6. Future Directions and Recommendations

6.1 Strengthening Consumer Awareness Programs

Strengthening consumer knowledge systems is essential to enable informed
decision-making and protection of consumer rights. This program aims to
educate individuals on their rights and responsibilities in the marketplace, equip
them to recognize fraudulent practices, make informed purchase choices, and
seek remediation when needed By increasing awareness of consumer protection
laws, products conducted and procedures for resolving complaints, these
services empower consumers to effectively negotiate their rights.

Effective consumer awareness programs use a variety of methods such as

workshops, seminars, social media campaigns and educational materials
Collaboration between government agencies, consumer advocacy groups,
industry and educational institutions is needed to design and implement
campaigns of deeper insights This system increases consumer awareness and
confidence in market practices , improved product safety, and contributes to
greater accountability in business, and ultimately fosters a more transparent and
equitable market encourage everyone.

6.2 Enhancing Legal Infrastructure

Enhancing the legal system is essential to achieving a strong and just legal
framework that supports the rule of law and protects the rights of individuals
and businesses. It includes strengthening the legal system, judicial institutions
and legal processes to ensure the effective and efficient administration of
justice.

Investments in legal services include measures such as updating and

modernising laws to meet emerging challenges, increasing access to justice
through legal aid programs and other remedial measures overcoming disputes,
and improving the capacity and efficiency of judicial bodies through training,
technology and initiatives.

6.3 Leveraging Technology for Consumer Protection

The benefits of technology are a game changer in enhancing consumer safety
measures, providing innovative solutions to address the ongoing challenges in
the marketplace. Technology simplifies access to information, empowers
customers and simplifies complaints management.

Digital platforms enable consumers to research products, compare prices and

read reviews, empowering them to make informed purchasing decisions.
Additionally, social media and online platforms provide a means for consumers
to share experiences and raise awareness about fraudulent practices or faulty
products.

Additionally, technology facilitates effective complaint resolution mechanisms

through online dispute resolution mechanisms, reducing the time and costs
associated with traditional legal proceedings. Artificial intelligence and data
analytics can be used to identify customer complaint patterns and proactively
address problems before they escalate.

7.Conclusion
This paper discusses Consumer Protection in great depth while giving special
attention to the right to repair and its various aspects and history. The paper goes
through the various aspects of this act discussing everything from its origin to
the additions which can be made to it.

Paper by - Vibhu garg

00116503823
BALLB 1st year 2nd semester