It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party the professional.
Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. Despite the basically undisputed importance of and the need for special consumer protection whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the USAthe degree of such protection can be considered as somewhat controversial.
It has its proponents as well as opponents.
This also applies to consumer disputes disputes from consumer contracts. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries.
Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy keeping down arbitrability of B2C disputes in the opposite to US trends.
The particular degree of consumers protection through limitation of contractual autonomy in B2C contracts as well as procedural autonomy regarding B2C dispute resolution mechanismsas chosen by particular governments, has both legal and economic effects, in positive and negative sense.
The particular degree of consumers protection through limitation The weaker party does deserve special protection within the regime of the equal status of the contracting parties.
Besides, even a consumer ought to be required to exhibit a reasonable and usual degree of responsibility for his or her legal juridical acts, including the conclusion of contracts and assumption of obligations. But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method ADR.
Typically, consumers have grown accustomed to the practice of exercising their right to rescind cancel the contract by the statutory deadline while, in the meantime, they actively use the goods and thereby fulfill the purpose of the purchase this specifically applies to seasonal goods.
Indeed, it is hard to claim that a particular type class of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes.This paper surveys the major developments in the field of consumer protection in India sincewhen the statutory provisions for regulating unfair trade practices were incorporated for the first time.
Hence the research finds initiative to study the The form of exploitation may be looks-alike, less weight, infe- consumer awareness and attitude towards consumer protec- rior.
The Consumer Protection Act,is one of the examples that is to be treated as a milestone in the history of socio-economic legislation to protect the interests of the consumers in India.
However, as of this writing, there is no “white paper” or “state of the sector position paper” or any such analogous document authored by any of the wings of government in India summarising the existing legal position on the applicability of these generic legal principles to specific questions of consumer protection.
synthetic examination of “consumer protection in India”. Key words: Goods, Consumer, Consumer protection, Unfair Trade Practice. Consumer Protection: Under this component the various consumer for a would be strengthened by providing awareness generation, research and consumer assistance.
VI. GROWTH OF RURAL MARKETS. Online Commerce and Consumer Protection - Electronic commerce, more commonly abbreviated as e-commerce, is the action of buying and selling products or services through the medium of electronic information systems such as computer networks - the most common of which being the World Wide Web, or internet (Dorogovtsev & Mendes, ).Download