Project On: Submitted By: Taranjeet Singh Enrollment No.12919103910 Mba 1 SEM
Project On: Submitted By: Taranjeet Singh Enrollment No.12919103910 Mba 1 SEM
Project On: Submitted By: Taranjeet Singh Enrollment No.12919103910 Mba 1 SEM
CONSUMER PROTECTION
AND
CONSUMER OBLIGATION
Submitted by:
TARANJEET SINGH
Enrollment no.12919103910
MBA 1st SEM
ACKNOWLEDGEMENT
SR.NO CONTENTS
1 DEFINITION
2 INTRODUCTION
3 CONSUMER PROTECTION
4 CONSUMER RIGHTS
5 CONSUMER RESPONSIBILITIES
6 INDIA GLOBAL REPUTATION
7 CONSUMER BEHAVIOUR
CONCLUSION
9
INTRODUCTION
Consumers play a vital role in the economic system of a nation because in the
absence of effective demand that emanates from them, the economy virtually
collapses. Mahatma Gandhi said, "A consumer is the most important visitor on our
premises. He is not dependent on us, we are on him. He is not an interruption to
our work, he is the purpose of it. We are not doing a favour to a consumer by
giving him an opportunity. He is doing us a favour by giving us opportunity to
serve him. But, of late, unfortunately cheating by way of overcharging, black
marketing, misleading advertisements, etc has become the common practice of
greedy sellers and manufacturers to make unreasonable profits. In this context, it is
the duty of the government to confer some rights on consumers to safeguard their
interests.
CONSUMER PROTECTION
o Removal of defects in goods or deficiency in service.
o Discontinue the restrictive, or unfair trade practice, and not to repeat it.
o Withdraw the hazardous goods from being offered for sale and not to offer them
for sale.
CONSUMER RIGHTS
1. Right to Safety: The right to be protected against goods which are hazardous to
life and property.
4. Right to be Heard: The right to be heard and assured that consumer interests will
receive due consideration at appropriate forums.
5. Right to Seek Redressal: The right to get relief against unfair trade practice or
exploitation.
1. Illiteracy and Ignorance: Consumers in India are mostly illiterate and ignorant.
They do not understand their rights. A system is required to protect them from
unscrupulous businessmen.
2. Unorganised Consumers: In India consumers are widely dispersed and are not
united. They are at the mercy of businessmen. On the other hand, producers and
traders are organized and powerful.
3. Spurious Goods: There is increasing supply of duplicate products. It is very
difficult for an ordinary consumer to distinguish between a genuine product and its
imitation. It is necessary to protect consumers from such exploitation by ensuring
compliance with prescribed norms of quality and safety.
7. Legitimacy for Existence: Business exists to satisfy the needs and desires of
consumers. Goods are produced with the purpose of selling them. Goods will, in
the long run, sell only when they meet the needs of consumers.
2. Consumer Self-help: Every consumer must be alert as self-help is the best help.
He should educate himself and know his rights. He should not allow unscrupulous
businessmen to cheat him.
3. Consumers' Associations: Consumers should form voluntary associations. These
associations can educate and awaken consumers. They can take organized action
and put pressure on businessmen to adopt fair trade practices.
o The Essential Commodities Act, 1955 which aims to regulate and control the
production, supply and distribution and prices of essential commodities.
o The Prevention of Food Adulteration Act, 1954 which aims to check adulteration
in food items and eatables.
o The Drugs and Cosmetics Act, 1940 which seeks to ensure purity and quality in
drugs and cosmetics.
o The Standards of Weights and Measures Act, 1956 which aims at ensuring that
consumers get the right weight and measurement in products.
o The Household Electrical Appliances (Quality Control) Order, 1976 which seeks
to ensure safety and quality in the manufacture of electrical appliances.
o The Consumer Protection Act, 1986 which seeks to provide speedy and
inexpensive redressal to the grievances of consumers.
CONSUMER RIGHTS AND ITS EXPANSION
RIGHTS AND RESPONSIBILITIES
India has been observing 15 March since 1989 as the National Consumers’ Day.
This day has a historic importance as it was on this day in 1962, when the Bill for
Consumer Rights was moved in the US Congress. During his speech President
John F. Kennedy had remarked:
“If a consumer is offered inferior products, if prices are exorbitant, if drugs are
unsafe or worthless, if the consumer is unable to choose on an informed basis, then
his dollar is wasted, his health and safety may be threatened, and national interest
suffers.”
John F. Kennedy had equated the rights of the ordinary American consumer with
national interest. He gave the American consumer four basic rights:
Therefore, the Federal Government, by nature the highest spokesman for all
people, had a special obligation to the consumer’s needs. Thirteen years later
President Gerald Ford felt that the four rights constituted in Kennedy’s Bill of
Rights were inadequate for a situation where most consumers are not educated
enough to make the right choices. So he added the Right to Consumer Education,
as an informed consumer cannot be exploited easily.
While these rights served the interest of the American consumer well enough, they
did not cover the whole gamut, because a global consumer did need, apart from
them, other well-defined rights like basic needs, a healthy environment and
redress.
1. Basic Needs
2. Safety
3. Information
4. Choice
5. Representation
6. Redress
7. Consumer Education and
8. Healthy Environment.
BIRTH OF ‘COPRA’
The right to redress lead to the passing of the Consumer Protection Act (COPRA)
in 1986 in India which has been defined as the Magna Carta of consumers but, it
recognises only six of these eight rights:
1. Safety;
2. Information;
3. Choice;
4. Representation;
5. Redress and
6. Consumer Education.
Yet, inspite of pulsating movements, the rights of consumers could and were
trampled on and often. There existed a vacuum in the definition of rights. It was
often seen that boycotts would be spontaneous or organised in an adversarial
situation, examples of, which are numerous. On an occasion in Calcutta a boycott
of fish was successfully organised and the marketing cartel had to bow down, by
cutting the inflated prices, rather than store rotting fish.
RIGHT TO BOYCOTT
Taking a leaf out of India’s freedom movement, when Mahatma Gandhi had
successfully organised various boycotts of foreign cloth, salt etc. we at CUTS,
declared and adopted the 9th Consumer Right on India’s Independence Day - 15
August 1990: “The right to resist and boycott any person, goods or services in the
event of conflict with consumer’s interest”.
This right was the ultimate one, to be used when all methods fail. And many a
times they do: the seller does not heed, the administration does not listen, and the
judiciary fails. This right inherently signifies consumer unity as an individual
consumer can be helpless or even apathetic, and it is a collective action that
succeeds.
While the right to boycott epitomises the enability of consumer rights, the right to
basic needs remained abstract. It only defined a consumer’s necessities required to
survive and live a dignified life but it did not demand the means to obtain them -
the right to work.
However, the right to work is also vague, as this colloquially meant easy jobs, and
did not feature in the existing charter of Consumer’s Rights. In the interlude, a new
Union Government in India raised a debate to recognise the right to work, as a
fundamental right on the one hand, and advocating self employment schemes for
everyone, including the poor, on the other.
Observing the societal disarray created by government job and dole schemes,
whether permanent or temporary, and how they maim the spirit of enterprise which
prevails in the mass humanity of India, ‘CUTS’ was inspired to declare and adopt
the 10th (enabling) Consumer Right on 26 January 1991: “The right to
opportunities to acquire basic needs which will enable one to work and to earn a
living, without exploitation.”
Laws, rules, regulations and orders (for which India has unparalleled distinction in
the Guinness book of records) alone do not protect consumers, but it is the rights’
movement of people which produce results in a democracy.
Critics of COPRA rightly conclude that it can’t do anything about rising prices, but
it has succeeded in bringing about fairplay in the supply of goods and services
available in the market place, giving substance to the adage: Customer is King.
Also, COPRA has encouraged active consumer bodies to demand, and perhaps see
in the near future, independent Public Utility Regulatory Commissions to debate
costing, pricing and promote competition.
Today India is the only country in the world, which has exclusive courts for
consumer redressal. At the IOCU’s 13th World Congress held in Hong Kong
during 7-13 July 1991 it came in for praise and developed countries were called
upon to emulate. In the same year, these developments inspired Jim Sugarman, a
noted US consumer activist and a close associate of Ralph Nader, to candidly
observe: “India is getting a global reputation for the rapid development of its
consumer movement.”
BUREAUCRAT’S REVENGE
The law then proposed a limitation of one year to file complaints, where none
existed. An utter nonsense, which goes beyond the principles of our well
established Limitations Act of 1963, wherein courts cannot be approached after the
expiry of three years of the last cause of action.
Since there was no limitation period prescribed under COPRA, in one matter, the
apex consumer court, the National Commission had pronounced that the principles
of the Limitations Act do not apply but can be relied upon, though not religiously.
This proposal would not only have put consumers at a terrible disadvantage but
also annoy them badly. Most warranties and guarantees on goods expire in one
year, and manufacturers often drag on many consumers during this period by
attending to complaints, instead of setting it right or replacing or refunding the
price of the defective goods. They will thus be deprived of the easy redressal
avenue by this one-year ‘deadline’.
Consumers will be angry because the rule on the time limit of 90/150 days
provided in COPRA for disposal of cases are practiced more in the breach, and
cases drag on for years. Under this situation, expecting consumers to meet a
deadline will be very irritating. Granted that delayed complaints can be entertained,
but that would mean a set of lengthy arguments on just the admissibility of the
case.
Fourthly, the law also enables consumers to file class action complaints, which
incidentally always existed, but there can be no basis to determine the deadline in
such matters. For instance, if the Motor Vehicles Act, 1988 provides for certain
mandatory safety features which have been ignored by manufacturers; after
research, we decide to file a complaint what would be the limitation period?
Due to these arguments and lobbing the time limit was revised to two years, when
the ordinance was put on the table of the parliament.
BELYING EXPECTATIONS
The law belied the consumer affairs Minister, A K Antony’s note in the statement
of objects and reasons, wherein he says the working of the redressal agencies has
helped to arouse the expectations of the people on several other grounds as well.
Housing by way of plots or flats or houses has been covered under the definition of
‘services’ under COPRA. Rather than adopt the words: ‘real estate’, as defined
under the MRTP Act, 1969 from which the whole definition clause of services was
borrowed in the first instance, a new jargon: ‘housing construction’ is added. This
would mean that the consumer courts will only entertain complaints relating to:
flats, land, houses purchased or to be purchased.
In a beacon case involving a plot: Garima Shukla vs. UP Avas evam Vikas Nigam,
the National Commission had held that the dispute is covered as a deficiency in the
service of housing. The Supreme Court upheld the orders of the National
Commission.
Among several other recommendations of the Central Council, another major one
has also been diluted. In view of several protests by consumers, the council had
agreed to recommend incorporation of an open, democratic and a transparent
process of selection of the non-official members of consumer courts.
The recommendation was that a selection committee headed by the minister and
consisting of the secretary in charge of the department, a nominee of the chief
justice of the state high court and two consumer activists (one a woman) would be
the right form. The bill now proposes a committee headed by the President of the
state commission and the consumer affairs secretary and the state law secretary.
It is thus heavily loaded against transparency. I have seen many a president of the
State Commission sitting in the chamber of the secretary, especially when s/he is a
retired high court judge. By and large the secretary has to follow the minister’s
orders, therefore the transparency sought in the selection process will be doubtful.
Presence of two activists would have perhaps changed the odds.
However the president of the State Commission can only be appointed after
consultation with the Chief Justice of the concerned high court, but those who
know, consultation does not mean consent or concurrence. On several occasions, in
spite of opposition, people have been appointed, after the so-called consultation.
The Council had made several other vital recommendations after long deliberations
and critical debates, but they have been given the broomstick. These were:
Some readers might remember the case of ITC LTD’s Wills brand
being injuncted by a Gangtok district judge, which cost ITC a large
sum of money to get it vacated from the Supreme Court under its
extraordinary jurisdiction. This type of case is a freak but without
such power our consumer courts will be hamstrung in protecting
the consumers interest, as it were.
Section 1(4) of COPRA says this Act will apply to all goods and services, therefore
under the definition of services, where illustrations are given, it was understood
that it was an all inclusive definition and exclusions had to be specified.
To correct the anomaly, especially in view of the hectic lobbying by the medical
fraternity and other professional groups, it was proposed to put a semi-colon, and
add, “not limited to” before the illustrations. But this has also not been inserted in
the amendment bill.
So much so for the bureaucratic revenge and/or sabotage. However there are many
welcome steps, though confused as well, which will take the consumer movement
considerably forward. These are:
This is more so surprising when in all the consumer rights in COPRA ‘services’
have been added along with ‘goods’, and under the relief section power has also
been given to consumer courts to remove defects and deficiencies in services.
Consumer protection laws are designed to ensure fair competition and the free
flow of truthful information in the marketplace. The laws are designed to prevent
businesses that engage in fraud or specified unfair practices from gaining an
advantage over competitors and may provide additional protection for the weak
and those unable to take care of themselves. Consumer Protection laws are a form
of government regulation which aim to protect the interests of consumers. For
example, a government may require businesses to disclose detailed information
about products—particularly in areas where safety or public health is an issue, such
as food. Consumer protection is linked to the idea of "consumer rights" (that
consumers have various rights as consumers), and to the formation of consumer
organizations which help consumers make better choices in the marketplace.
Consumer is defined as someone who acquires goods or services for direct use or
ownership rather than for resale or use in production and manufacturing.[1]
Private law (Civil law) is that part of a legal system that involves relationships
between individuals. This includes the law of contracts or torts and the law of
obligations. It is distinguished from public law, which deals with law involving the
state, including regulatory statutes, penal law and other law of public order.
In general terms, public law involves interrelations between the state and the
general population, whereas private law involves interactions between private
citizens.
The concept of private law in common law countries is a little more broad, in that
it also encompasses private relationships between governments and private
individuals or other entities. That is, relationships between governments and
individuals based on the law of contract or torts are governed by private law, and
are not considered to be within the scope of public law.
MEANING
Consumers play a vital role in the economic system of a nation because in the
absence of effective demand that emanates from them, the economy virtually
collapses. Mahatma Gandhi said, "A consumer is the most important visitor on our
premises. He is not dependent on us, we are on him. He is not an interruption to
our work, he is the purpose of it. We are not doing a favour to a consumer by
giving him an opportunity. He is doing us a favour by giving us opportunity to
serve him. But, of late, unfortunately cheating by way of overcharging, black
marketing, misleading advertisements, etc has become the common practice of
greedy sellers and manufacturers to make unreasonable profits. In this context, it is
the duty of the government to confer some rights on consumers to safeguard their
interests.
Conclusion
Invariably, consumers are a vulnerable lot for exploitation, more so in a developing
country with the prevalence of mass poverty and illiteracy. India too is no
exception to it. Instances like overcharging, black marketing, adulteration,
profiteering, lack of proper services in trains, telecommunication, water supply,
airlines, etc are not uncommon here. From time to time, the government has
attempted to safeguard consumer's interests through legislations and the CPA 1986
is considered as the most progressive statute for consumer protection. Procedural
simplicity and speedy and inexpensive redressal of consumer grievances as
contained in the CPA are really unique and have few parallels in the world.
Implementation of the Act reveals that interests of consumers are better protected
than ever before. However, consumer awareness through consumer education and
actions by the government, consumer activists, and associations are needed the
most to make consumer protection movement a success in the country.