Consumer Rights
Consumer Rights
Consumer Rights
RIGHTS
MADE BY ABHINAV SUBMITTED TO
10TH A (34) K.K SOOD
WHO IS A
CONSUMER
1. A PERSON WHO HAS INDICATED HIS OR HER
WILLINGNESS TO OBTAIN GOODS AND/OR SERVICES FROM
A SUPPLIER WITH THE INTENTION OF PAYING
FOR THEM.
2. SOMEONE WHO HAS PURCHASED GOODS AND/OR
SERVICES FOR PERSONAL CONSUMPTION
3. A PERSON OR GROUP OF PEOPLE, SUCH AS A
HOUSEHOLD, WHO ARE THE FINAL USERS OF PRODUCTS OR
SERVICES. THE CONSUMER'S USE IS FINAL IN THE SENSE
THAT THE PRODUCT IS USUALLY NOT IMPROVED BY THE
USE.
DUTIES OF CONSUMER
To check weights, balances, prices etc. and read the labels
carefully.
To update oneself about the various schemes of consumer
protection.
Not to fall in the trap of misleading information and
advertisements.
Not to buy goods from black markets.
To be an ethical consumer and procure the bills, receipts etc.
for the good and services purchased. If a consumer fails to
take them then he/she might find it difficult to file a
complaint and prove the defect in the good.
To gain knowledge about consumer rights and duties and to
spread awareness about the same.
To file a complaint in case there is a defect in the good or
service so purchased.
HOW CONSUMERS ARE
EXPLOITED
§Sub-standard Quality : The goods sold are sometimes
of sub-standard quality. Selling of medicine beyond their
expiry dates is generally the grievances of consumers.
§High Prices : Very often the traders charge a higher
price than the prescribed retail price
§Duplicate Articles : In the name of genuine parts or
goods, fake or duplicate items are being sold to the
consumers.
§Artificial Scarcity : In order to amass illegitimate
profit, businessman create artificial scarcity by
hoarding. They sell it later at a higher price.
§False or Incomplete Information : Sellers easily
mislead consumers by giving wrong information about the
product, its price, quality, reliability, life cycle, expiry date
and durability
HOW CONSUMERS ARE
EXPLOITED(CONTD.)
. Some of them are underweighing of goods, poor quality
goods, duplicate articles, high prices, artificial scarcity,
adulteration and impurity, false claims, lack of safety
devices, poor after sale services, rude behaviour and
undue conditions, non-fulfillment of the sales guarantees,
misinformation regarding quality of the product and no
timely supply of the goods. Some consumers especially of
rural areas, who are illiterate and lack information, get
exploited easily. The other reasons for consumer
exploitation are ignorance, superstitions, social factors,
shortage of goods and service, etc. Sellers indulge in
unfair trade practices like black marketing, artificial high
pricing, adulteration, hoarding, etc., to earn high profits.
All these practices end up to consumer exploitation.
FACTORS CAUSING EXPLOITATION OF
CONSUMERS
¡ Limited Information : In a capitalist economy, producers and
sellers are free to produce any goods or services in any
quantity and there is no regulation on the prices. In the
absence of information about different aspects of the
products, namely, price, quality, condition of use, etc., the
consumers are liable to make a wrong choice and lose money.
¡ Limited Supplies : The consumers are exploited when the goods
and services are not available in the required quantity or numbers.
This gives us rise to hoarding and price-escalation.
¡ Limited Competition : When only one producer or group of
producer or a group of persons controls the production and supply
of a product, and is in a position to restrict the availability of
supplies, there is a possibility of manipulation in prices and
availability.
¡ Illiteracy : Illiteracy is one of the major drawbacks that lead to
the exploitation of consumers.
WHAT IS CONSUMER
MOVEMENT?
The Consumer Movement is an effort to promote
consumer protection through an organized
social movement led by consumer
organizations.
CONSUMER MOVEMENT IN
INDIA
It took many years for organisations in India and around the world, to create
awareness amongst people. In India, the consumer movement as a social force
originated with the necessity of protecting and promoting the interests of
consumers against unethical and unfair trade practices. Rampat food shortages,
hording, black marketing, adulteration of food and edible oil gave birth to the
consumer movement in an organised form in the 1960s. Till the 1970s, consumer
organisations were largely engaged in writing articles and holding exhibitions.
They formed consumer groups to look into malpractices in ration shops and
overcrowding in the road passeneger transport. More recently. India witnessed
an upsurge in the number of consumer groups. Because of all these efforts, the
movement succeeded in bringing pressure on business firms as well as
government to correct business conduct which may be unfair and against the
interest s of consumers at large. A major step taken in 1986 by the Indian
government was the enactment of the Consumer Protection Act 1986, popularly
known as COPRA.
CONSUMER PROTECTION ACT,
1986
Consumer Protection Act, 1986, popularly known as COPRA, is an Act of the
Parliament of India enacted in 1986 to protect interests of consumers in India. It makes
provision for the establishment of consumer councils and other authorities for the
settlement of consumers' disputes and for matters connected therewith. This Act was
enacted in 1986 with the objective of providing better protection of consumer’s interest.
Effective safeguards are provided to the consumer, against various types of exploitations
and unfair dealings, relying mainly on compensatory rather than a disciplinary or
preventive approach under the Act. It applies to all goods and services unless specifically
exempted, which covers
the private, public and cooperative sectors. It also provides speedy and
inexpensive.The rights under the Actflow from the rights enshrined in Articles 14 to 19 of
the Constitution of India. The Right to Information Act (RTI), which has opened up
governance processes of our country to the common public, also has far-reaching
implications for consumer protection.The Consumer Protection Act, 1986 is the most
important legislation enacted to provide for effective safeguards to consumers against
various types of exploitations and unfair dealings, relying on mainly compensatory rather
than a punitive or preventive approach. The Act has set up a three-tier quasi-judicial
consumer disputes redressal machinery at the tfational, State and District levels, for
expeditious and inexpensive settlement of consumer disputes.
IMPORTANT DAYS
NATIONAL CONUMER RIGHT DAY - National Consumers Right
Day was observed across India on 24 December 2013. The day is being
observed on 24 December, since the Consumer Protection Act, 1986 was
enacted on this day in 1986.
Right to
Right to
information
consumer
education
CONSUMER
RIGHTS
Right to
Right to
seek
choose
redresssal
Right to
safety
RIGHT TO BE
HEARD Right to be heard means that
consumer's interests will receive
due consideration at appropriate
forums. It also includes right to be
represented in various forums
formed to consider the consumer's
welfare. The consumers should
form non- political and non-
commercial consumer
organizations which can be given
representation in various
committees formed by the
Government and other bodies in
matters relating to consumers.
INFORMATION
The conumer has the right to be
informed about the quality, quantity,
potency, purity, standard and price of
goods so as to protect the consumer
against unfair trade practices.
Consumer should insist on getting all
the information about the product or
service before making a choice or a
decision. Consumer can then complain
and ask for compensation or
replacement if the product proves to
be defective in any manner. This
enables the consumer to act wisely
and responsibly and also enable him
to desist from falling prey to high
RIGHT TO CHOOSE
The consumer has right to be assured,
wherever possible of access to
variety of goods and services at
competitive price. In case of
monopolies, it means right to be
assured of satisfactory quality and
service at a fair price. It also
includes right to basic goods and
services. This is because unrestricted
right of the minority to choose can
mean a denial for the majority of its
fair share. This right can be better
exercised in a competitive market
where a variety of goods are available
at competitive prices. Any consumer
who recieves a service in whatever
capacity, regardless of age, gender
and nature of service, has the right to
choose whether to continue to recieve
RIGHT TO SAFTEY
The conumers have the right to be protected against the
marketing of goods and services, which are hazardous
to life and property. Producers need to strictly follow
the required safety rules and regulations. There are
many goods and services that we puchase that require
special attention to safety. For example, pressure
cookers have a safety valve whih , if it is defective, can
cause a serious accident. The manufacturers of the
safety valve have to ensure high quality. The purchased
goods and services availed of should not only meet
their immediate needs, but also fulfill long term
interests. Before purchasing, consumers should insist
on the quality of the products as well as on the
guarantee of the products and services. They should
preferably purchase quality marked products such as
ISI, AGMARK, etc.
RIGHT TO SEEK REDRESSAL
Consumers have the right to seek redressal
against unfair trade practices or unscrupulous
exploitation. It also includes right to fair
settlement of the genuine grievances of the
consumer. Consumers must make complaint
for their genuine grievances. Many a times
their complaint may be of small value but its
impact on the society as a whole may be very
large.
They can also take the help of
consumer organizations in seeking
redressal of their
grievances. A consumer can claim
compensation for damage caused by any
product or service.
He/She can file a case in the consumer
court against the shopkeeper or
manufacturer.
RIGHT TO CONSUMER
EDUCATION
The right to acquire the
knowledge and skill to be an
informed consumer throughout
life. Ignorance of consumers,
particularly of rural consumers,
is mainly responsible for their
exploitation. They should know
their rights and must exercise
them. The government or
other organisation should
make attempts to educate
citizens about various aspects
of consumer welfare.Only then
real consumer protection can
be achieved with success.
WHY CONSUMER EDUCATION IS
IMPORTANT
† It provides the person with the basic knowledge to handle consumer
problem, he/she becomes a discriminating buyer by taking rational
decisions, and thus not fall prey to advertisements or persuasions.
† Technological developments have flooded the market with a variety
of products, goods and services, it is therefore important that a
person possesses basic knowledge and skills to judge the product.
† School children are mostly dependent on their parents, it is
therefore important that they make the best use of their pocket
money.
† Consumers education can alert the pupils to the corporate dumping
of dangerous pharmaceuticals and similar products.
WHERE SHOULD CONSUMER GO
TO GET JUSTICE
Consumers have the right to seek redressal
against unfair trade practices and exploitation
in the consumer court. If any damage is done to
a consumer, he or she has the right to get
compensation depending on the degree of
damage. The consumer movement in India has
led to the formation of various organization
locally known as consumers forum or consumers
protection council, they guide Consumers on
how to file cases in the consumer court, on
many occasions they also represent individual
consumers in the consumer court.
Under COPRA a three- tier system is set
up at the district, state and National
level for redressal of consumer
disputes. Various claims are delt with
by these courts as given below :
¢ District level : Up to Rs 20 Lakhs.
¢ State level : Between Rs 20 Lakhs
and Rs 1 Crore.
¢ National level : Exceeding Rs 1 Crore
If a case is dismissed in district level
court, the consumer can appeal in the
state and then in the National level
court.