Research Area:
Law and Legislature
KeyWord:
law, consumer protection
Abstract:
The Preamble of the "Consumer Protection Act, 1986" announces that the act had been enacted to shield the interest of the consumers from misuse and to introduce the consumer grumblings in proper consumer court so the goal of the Act is accomplished and equity is done to the consumers. In the case of Lucknow Development Authority v. M.K. 1 it was stated, "The importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. It attempts to remove the helplessness of a consumer which he faces against powerful business, described as, 'a network of rackets' or a society in which, 'producers have secured power' to 'rob the rest' and the might of public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked"8”. Then again, Arbitration can be an alternative dispute resolution and has been used by individual parties and various corporations. As per “Section 7 of the Arbitration and Conciliation Act, 1996”, "arbitration agreement" signifies an agreement by the parties to submit to arbitration all or certain disputes which have emerged or which may emerge between them in regard of a characterized legal relationship, if contractual.