Author: Abhikalp Tomar, Amity Law School Noida (Amity University Uttar Pradesh)

Private law interactions between individual customers and the companies that sell such goods and services are governed by consumer protection law, sometimes known as consumer law. A wide range of subjects are covered by consumer protection, such as product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other interactions between consumers and businesses. Fraud and scams from service and sales contracts, eligible fraud, bill collector regulation, pricing, utility turnoffs, consolidation, and personal loans that can result in bankruptcy are all prevented by this method. Given the complexity of tax law and the fact that consumer law does not require legislation, there have been claims that it is also a more effective means of implementing widespread redistribution than tax law.

In India, the 2019 Consumer Protection Act outlines consumer protection. A separate consumer dispute resolution forum has been established in each district across India under this law. A consumer can register a complaint on a plain paper with a little court fee, and the district level presiding officer would decide the matter. Both the customer of the goods and the customer of the services may make a complaint. An appeal may be submitted to the National Consumer Disputes Redressal Commission (NCDRC) after first being heard by the State Consumer Disputes Redress Commissions. Comparing these tribunals to the traditional Indian judiciary, which takes years to determine a consumer case, the former's processes are more informal, more approachable, and they also take less time . Numerous significant rulings have been rendered by various state and national consumer forums in recent years.The Indian Contract Act of 1872 establishes the terms under which a contract's parties' promises will be enforceable against one another. It also specifies the remedies that the aggregate party may pursue in the event that the other party breaches their commitment.Customers have several protections under the Sale of Goods Act of 1930 in the event that the products they buy don't meet the stated or implied terms and guarantees

The "Marrakesh Agreement," also known as the Agreement Establishing The World Trade Organization, governs the organization's goals and organizational structure. The real regulations that control foreign trade in particular sectors are not specified. These can be found in several treaties that are attached to the Marrakesh Agreement. The WTO's extent:(a) offer an administrative and implementation framework for agreements; (b) a venue for additional negotiations; (c) a system for reviewing trade policies; and (d) encourage more economic coherence among members. Fundamentals of the WTO: The most-favored-nation treatment obligation and the national treatment obligation are two examples of the non-discrimination concept. Market access, which involves lowering both tariff and non-tariff trade barriers, harmonizing national regulations (TRIPS agreement) and striking a balance between trade liberalization and other societal objectives

IMPORTANT ASPECTS

To stop risky or immoral commercial practices, such deceptive advertising or defective products, consumer protection laws are in place.

They help to maintain the integrity of vendors, which is crucial in a stable market economy.Service agreements and warranties for the majority of consumer goods are governed by the Federal Trade Commission (FTC).

State laws, some of which are more pro-consumer than others, may be expanded upon by states and enforced through agencies and statutes.

Predatory lending, housing discrimination, securities fraud, privacy infringement, and other unethical behaviors are all intended to be prevented by consumer protection regulations in the financial industry

Consumer Warranties and Service Contracts

The product comes with a warranty whenever you buy merchandise. This is a guarantee that it will serve the purpose it was purchased for. In other words, it will function.

The two basic types of warranty are express and implied. An express warranty is a promise from the seller, either written, oral, or expressed in an ad. It effectively guarantees that the item will perform its function for a specified period. An express warranty is a guarantee that the item will work whether it's new or used. Not all items come with express warranties .

However, the implied warranty is provided by the law automatically. All retail sales of consumer products, both new and old, include these. When an item is sold, the retailer is implying that it will function as intended and be of average grade and quality. If you don't want to cool the entire room, a refrigerator will keep items cool. As long as rocks aren't being blended, a blender will blend. It's crucial to obtain written warranty details before making any purchases. Learn what is covered under the guarantee. In the event that the item needs to be repaired, are service expenditures covered?

An implied warranty can last as long as four years, according to the FTC, but the actual period can vary by state

Resolving Warranty Violations -

In the event of a warranty violation, have the seller replace or repair the item. If mediation is unsuccessful, try settling the conflict through mediation. Should that fail, you can sue the vendor or manufacturer. According to the FTC, there is a cooling-off period during which you may be able to nullify a service contract under some circumstances, but once you have signed it, you cannot cancel it. Secondly, get advice from the agency at FTC.gov about how to properly handle your specific circumstance.

Concerning Federal Securities, enacted during the Great Depression, the Securities Act of 1933 is one of the most significant consumer protection laws in the financial industry. Additionally, the act created the Securities and Exchange Commission (SEC), which upholds securities regulations and penalizes infractions.Act Concerning Fair Credit Reporting. In 1970, the Fair Credit Reporting Act was enacted to control the gathering of credit data, which is commonly used to calculate lending and mortgage rates.

Fair Debt Collection Practices Act (FDCPA) - Third-party debt collectors who are trying to collect debts on behalf of another individual or organization are subject to restrictions under this regulation. It specifies the frequency and timing of a third-party debt collector's communications with a debtor. Lawsuits may arise if debt collectors fail to comply.

Federal Trade Act- According to Section 5 of the Federal Trade Commission Act, frequently simply known as "Section 5," companies must treat customers fairly and refrain from misleading or endangering them.This contains: causing a consumer to suffer significant harm A claim, omission, or behavior that could deceive customers Act to Protect Telephone Consumers (TCPA) By taking this action, telemarketers are prevented from misleading and harassing customers. The TCPA was responsible for creating a nationwide do-not-call list.

International trade law encompasses the proper regulations and practices for managing international trade. But legal literature also uses it to describe private sector trading. The majority of states are now involved in international commerce as members of the World Commerce Organization (WTO), making this area of law a separate academic discipline. This latter area of law is currently being studied in many colleges worldwide and is a part of scholarly studies since transactions between the private sectors of various nations play a significant role in WTO operations. Following the Havana agreement on the international trade charter, the General Agreement on Tariffs and Trade (GATT) became the cornerstone of international trade law in 1948. Rules pertaining to "unfair" trading practices, such as subsidies and dumping, are included. The Uruguay Round and the North American Free Trade Agreement were two of the many factors that affected GATT. With the establishment of the World Trade Organization (WTO) in 1994, the GATT was replaced. This is because the creators hoped for something more tangible, and the GATT was intended to be a short-term solution to trade problems. But due to financial constraints, this took many years to happen.

Fundamentals of International Trade Law

The national treatment principle states that, at least after the foreign goods are on the market, locally made and imported goods should be treated similarly. Both domestic and international services, as well as local and international patents, copyrights, and trademarks, should be covered by this. In addition to trade-related aspects of intellectual property rights, these concepts also apply to trade in commodities and services.

Principle of the Most Favored Nation (MFN): Regardless of the economic size or degree of development of the members, the MFN principles guarantee that whenever a WTO member reduces a trade barrier or opens a market, it must do so for similar commodities or services from all WTO members. 

Intellectual property and commerce Intellectual property rights (sometimes called intellectual monopoly privileges) had to be increased by signatory countries to the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) accord. In certain countries, such as less developed ones, this may have had a detrimental effect on access to necessary medications because the local economy is less equipped to produce more sophisticated goods like pharmaceuticals.

Cross-border exchanges: More than one nation may impose taxes on cross-border activities. A cross-border transaction is a commercial activity that takes place between many countries or jurisdictions. Every country has various regulations that apply to overseas enterprises, thus everyone interested in international business development or trade should be aware of tax legislation. International tax planning helps cross-border companies avoid or reduce double taxation and maintain tax compliance.

Settlement of disputes: The World Trade Organization's dispute settlement system is the most well-known in the field of international trade law. With 369 cases between January 1, 1995, and December 1, 2007, the WTO dispute settlement body has been quite active since it began operations in 1995.

India's consumer protection laws are to be critically examined and explained in this study piece. Consumer Protection Acts from 1986 and 2019 illustrates the extent to which judicial decisions shape consumer protection law. The research demonstrates how consumer protection has transitioned away from the traditional legal doctrine of caveat emptor, or buyer beware, and toward caveat venditor, or seller always has a greater duty to ensure safety and quality. The 1986 Act laid the blueprint for consumer protection in India, by specifying consumer rights and creating a 3 tier consumer dispute resolution mechanism. But because of its shortcomings in dealing with issues brought about by contemporary markets, like e-commerce and digital transactions, the more appropriate 2019 Act was introduced. Stricter product liability rules, larger definitions of "consumer" and "service," and steps to stop deceptive advertising and unfair business practices were among the major improvements brought about by the customer Protection Act of 2019

With an emphasis on both possibilities and problems, this essay explores the complex effects of international trade policy on developing economies. Trade agreements, taxes, and quotas are all examples of global trade policies that have a significant impact on the development of economies. In developing countries, which are defined by lower income levels, less industrialization, and greater reliance on agriculture, these policies are especially important. Trade policies can stimulate economic growth, technology transfer, job creation, and foreign direct investment, according to the report

On the other hand, exposure to unstable foreign markets, deindustrialization risks, trade imbalances, and strict international standards present serious difficulties. The paper offers a fair assessment by using case studies of prosperous integrations, such as South Korea, and faltering economies, such as Malawi. It makes policy suggestions to improve trade negotiations, build up domestic capabilities, and lessen adverse effects in order to maximize the advantages of international trade for equitable and sustainable development. In promoting economic growth in emerging nations, the study emphasizes the significance of fair and balanced trade policies as well as international collaboration.

Providing improved consumer protection is the primary goal of the Consumer Protection Act. The provisions of this Act are compensating in character, as opposed to the punitive or preventive nature of current statutes. Moreover, the Act's objective is to furnish the consumers with accessible, expedient and inexpensive processes for addressing their grievances alongside specific forms of relief and compensation, where appropriate. In 1993 the Act was amended to enhance the redressal machinery's power and broaden its coverage.

The following are the Act's major features: The Act covers all goods and services unless exempted by the Central Government. It encompasses all industries, whether they are public, private, or cooperative. The Act's provisions are designed to provide compensation. It protects the following consumer rights:

• Right to information on the quality, amount, potency, purity, standard, and price of goods or services in order to protect consumers from unfair trade practices; right to be shielded from the marketing of goods and services that endanger people's lives and property

• Right to be heard and to be guaranteed that the interests of customers will be given proper treatment in the proper venues; Right to be guaranteed, whenever feasible, access to a range of goods and services at reasonable rates; The right to consumer education and the right to pursue remedies against dishonest business practices and consumer exploitation

• Right to safety- The right to safety was also contested in the 1984 Bhopal gas tragedy, which resulted from the unintentional release of 40 tons of the toxic chemical methyl isocyanate. Up to 3,000 individuals perished instantly, while another 15,000 perished from associated illnesses.21. On July 16, 2004, a large fire that scorched a school in the Thanjavur district of Kumbakonam Town claimed the lives of 83 pupils Inadequate testing facilities, bureaucratic intransigence, a lack of funding, and a lack of consumer knowledge are all factors that work against the legislation and current procedures being properly implemented. Despite a complex system for awarding ISI marks, annual upgrades, etc., counterfeit ISI-marked products are frequently sold.

• Right to be informed- The purpose of this right is to safeguard consumers from unfair trade practices (UTPs) by providing them with information on the quality, quantity, potency, purity, standard, and price of goods.

Key elements include:

1. The obligation to look for and use available information;

2. The right to research and read labels before making a purchase;

3. The right to be protected from deceptive advertising or labeling;

4. The right to be provided with the information necessary to make an educated decision

5. Before choosing a product or service, consumers should insist on learning everything there is to know about it. This will help him avoid becoming a victim of high-pressure sales tactics and act sensibly and properly. Customers would be unable to make informed decisions and defend themselves against unfair practices if they lacked knowledge about the standard, price, potency, purity, quantity, quality, and standard of goods and services. Different interpretations of Article 19(2) of the Fundamental Rights Clause make it abundantly evident that the state should have a clear policy or consistent rules to assist consumers in making "informed choices." The Consumer Protection Act of 1986, the Standards of Weights and Measures Act of 1976, the Bureau of Indian Standards Act of 1986, the Competition Act of 2002, and other laws also contain provisions pertaining to the right to information. It is anticipated that the new Right to Information (RTI) Act will have a significant impact on consumers' rights to information. After much discussion over the years, it has been determined that the Right to Information is a crucial component of effective governance and a means of guaranteeing accountability and openness in the government. Additionally, it serves to eradicate corruption, empower the populace, and guarantee popular participation in governance.

• Right to representation and hearing- This right guarantees that the interests of consumers will be given the weight they deserve in the correct places. The right to representation in several forums established with the welfare of the consumer in mind is also included.

The primary components of the right are:

1. The obligation to voice ideas;

2. The right to represent consumer interests in decision-making

In 1860, the Indian Penal Code The country's primary penal code, which includes the substantive law of crime, is this one. It in one way or another meets the needs of the customer. Sections 264 to 267 of the Indian Penal Code, on the other hand, deal with the fraudulent use of fake weight and measures, the fraudulent use of false instruments for weighing, and the possession of false weight or measure by any individual. Additionally, sections 269 to 271 of the penal code address the spread of infections, while sections 272 to 276 address the sale of drugs that have been tampered with, adulteration of food or drink, and the sale of drugs that are tampered with, all of which are punishable by imprisonment or both.

A fair marketplace depends on consumer protection, which gives customers rights including knowledge, safety, and recourse while also making companies answerable for their goods and services. Important elements include creating strong legal frameworks and dispute resolution procedures to properly handle complaints, stopping unfair business practices, and raising consumer awareness to help them make wise purchases. Recently, there has been a significant shift in the makeup of global trade in services, and developing economies have registered Despite the COVID-19 pandemic's catastrophic effects, the services sector had notable export improvements. A wide range of non-traditional, highly valuable services that are now more easily provided through digital channels are covered by these gains Despite significant advancements in creating analytical tools to guide policy decisions in services, carrying out development-enhancing reforms in the industry, and increasing Exporting services continues to be a difficult undertaking for many developing nations. To fully benefit from the structural changes occurring in the global economy and to unlock the advantages that come with increased trade in services, much more can be accomplished through enhanced international cooperation.

1)Veena Khanna V. Ansal properties Ltd.(NCDRC) (2007).

2)DLF Homes Panchkula Pvt. Ltd V/S. D.S. Dhanda Etc.Etc (10 May , 2019

3)Lakhi Ram V. Ansal Pvt Ltd.(NCDRC)(Pending)

4)Diamond Exports V/S United India Insurance Co. Ltd. On December 2021(NCDRC)