Consumer Rights

The consumer in the marketplace

Consumers participate in the marketplace by using a particular product. Had there been no
consumer no company would exist. The status of consumer is more or less pathetic as far as
consumer rights are concerned. You can take examples of shopkeepers weighing less than he
should, company’ making false claims on packs. Then there are local sweetmeat sellers
adulterating raw materials to produce the laddoos or barfis. You can recall the case of dropsy
because of adulterated mustard oil. No matter how bad quality you get, chances are you will get
a rude response from the shopkeeper if you dare to complain.

If you have traveled by railways then you can recall the horrible taste of almost all foodstuffs
being sold in trains and on platforms. Even the food supplied by the rail pantry is of horrible
quality.

Consumer Movement in India:

India has long tradition of food adulteration, black marketing, hoarding, underweighing, etc. It
was from the 1960s that the consumer movement began in India. Till the 1970s, consumer
movement was mainly restricted to writing articles and holding exhibitions. But there has been
an upsurge in the number of consumer groups in recent times.

The level of dissatisfaction with the sellers and service providers was such an extent that the
consumers had no choice but to raise their voice. After many years of organized struggle, the
government was forced to take notice and finally the Consumer Protection Act (COPRA) was
enacted in 1986.
Consumer Rights Awareness (CRA)
Consumers play a vital role in the development of a nation. 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 usa favour by giving us opportunity to
serve him.” Butof 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 and without heed to confer consumer rights and
interests. Modern business is an integral part of current day society. Each company has
as a socio-economic impact on the people and has to deliver the goods and services and
the standard of living as per the aspirations of the people. It has a great social
responsibility towards the well being of society. Therefore consumer is an important
component of society and business has an obligation to him. But, when the goods are short in
supply the producers charge highprices and consumers have no choice other than to purchase
what is available. Therefore, consumer is to be protected from unsafe products, poor quality
of goods and services, high prices, unfair trade practices and misleading advertisements.
Therefore, it is necessary for CRA, awareness to prevail amongst the consumer to protect
them from unscrupulous trade practices and to give them the idea of the utility of money
spent by them. Consumer occupies a supreme position in a free economy. But, he never received
the attention he deserves. In a country like India, he is not the sovereign but a slave.
 The welfare of the consumer lies in the fulfillment of his normal and legitimate
expectation with regards to the goods and service. Consumer rights awareness is about
making the consumer aware of products or services; however, this is largely unknown to
many citizens irrespective of whether they are educated or uneducated. With an enormous
population along with high levels of poverty, unemployment and poor literacy levels, consumer
rights awareness continues to remain low. Education is a lifelong process of constantly acquiring
relevant information, knowledge and skills. Consumer education is an important part of this
process and is a basic consumer right that must be introduced at the school level. Consumers
by definition include all citizens who are, by and large the biggest group, who are
affected by almost all government, public or private decisions. The most important step
in consumer education is awareness of consumer rights. However, consumer education is
incomplete without the responsibilities and duties of consumers, and this influences individual
behaviour to a great extent.Consumer rights awareness is now an integral part of our lives
like a consumerist way of life. They have been well documented and much talked about. We
have all made use of them at some point in our daily lives. Market resources and influences
are growing by the day and so is the awareness of one's consumer rights. These rights are
well-defined and there are agencies like the government, consumer courts and voluntary
organizations that work towards safeguarding them. While we all like to know about our rights
and make full use of them, consumer responsibility is an area which is still not demarcated
and it is hard to spell out all the responsibilities that a consumer is supposed to
shoulder. There are six rights of consumer which are provided in the Consumer Protection
Act, 1986

Consumer rights:

Right to Be Informed: A consumer has the right to have correct information about a product.
There are rules which make it mandatory to mention ingredients and safety features on the pack
of a product. Proper information helps a consumer to make informed buying decision. A pack of
a product also needs to mention the MRP (Maximum Retail Price) and a consumer can complain
if the seller asks for more than the MRP.

Right to Choose: A consumer has the right to choose from different options. A seller cannot just
offer to sell only one brand to the consumer. The seller has to offer various options to the
consumer. This right is usually enforced through laws against monopoly trade.

Right to Seek Redressal: If a consumer gets affected by false promises made by the producer or
suffers because of manufacturing defect; he has the right to seek redressal. Suppose you took a
mobile connection and the bill shows many hidden charges which were not explained to you
earlier. Or the mobile company activated a ringtone without your permission. Then you can go to
the consumer court to put your case.
Consumer Forum:

The consumer movement in India has led to the formation of various organisations locally
known as consumer forums or consumer protection councils. They guide consumers on how to
file cases in the consumer court. On many occasions, they also represent individual consumers in
the consumer courts. These voluntary organisations also receive financial support from the
government for creating awareness among the people.

If you are living in a residential colony, you might have noticed name boards of Resident
Welfare Associations. If there is any unfair trade practice meted out to their members they take
up the case on their behalf.

Consumer Courts: This is a three-tier quasi-judicial system. The district level court deals with
cases involving claims upto Rs. 20 lakh. The state level court deals with cases between Rs. 20
lakh and Rs. 1 crore. The national level court dealt with cases which involve claims exceeding
Rs. 1 crore.

If a case is dismissed in district level court, the consumer can also appeal in state and then in
National level courts.

National Consumers’ Day

24th December is celebrated as the National Consumers’ Day. It was on this day that the Indian
Parliament enacted the Consumer Protection Act in 1986. India is one of the few countries that
have exclusive courts for consumer redressal. The consumer movement in India has made
significant progress in recent times. At present, there are more than 700 consumer groups. Out of
them, about 20-25 are well organized and are recognized for their work.

The consumer redressal process is becoming cumbersome, expensive and time consuming. The
lawyer’s charges in some cases work as deterrent. Sometimes, the long delay de-motivates a
person and he may even stop pursuing the case.

Consumer Rights and Responsibilities

1. Consumer Rights
1. Right to safety
2. Right to choose
 3. Right to be informed
4. Right to consumer education
5. Right to be heard
6. Right to Seek redressal
7. Consumer Protection Act
2. Consumer Responsibilities
1. Ask Yourself!
2. Be Critically Aware
3. Be Involved
4. Be Organized
5. Practice Sustainable Consumption
6. Be Responsible to the Environment
3. Consumer Rights Vs Responsibilities

Consumer Rights

Right to safety

Means right to be protected against the marketing of goods and services, which are hazardous to
life and property. The purchased goods and services availed of should not only meet their
immediate needs, but also fulfil 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 choose

Means 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

Right to be informed

Means 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.
This will enable him to act wisely and responsibly and also enable him to desist from falling prey
to high pressure selling techniques.

Right to consumer education

Means 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. Only then real consumer
protection can be achieved with success.

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.

Right to Seek redressal

Means right to seek redressal against unfair trade practices or unscrupulous exploitation of
consumers. 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 organisations in seeking redressal of their grievances.

As the markets are globalizing, the direct link between the manufacturer and the final user
getting distant, post purchase grievances have to be heard through a strong redressal system. For
this, Consumer disputes redressal agencies (popularly known as Consumer Forums or
Consumer Courts) are set up under the Act at District, State and National level to provide
simple and inexpensive quick redressal against consumer complaints. The District forum deals
with complaints where the compensation sought is less than 23 lakhs. This limit is commonly
known as the ‘pecuniary jurisdiction’ of the Consumer Redressal Forum. The State Forum deals
with the complaints where the value of the goods and services and compensation claimed does
not exceed rupees one crore and the National Forum entertains the complaints where the value of
the goods or services and compensation claimed exceeds rupees one crore.

The Consumer Forum can order the company to take the following actions once it hears the
complaint and decides that the company is at fault:

 Correct deficiencies in the product to what they claim.

 Repair defect free of charges
 Replace product with similar or superior product
 Issue a full refund of the price
 Pay compensation for damages / costs / inconveniences
 Withdraw the sale of the product altogether
 Discontinue or not repeat any unfair trade practice or the restrictive trade practice
 Issue corrective advertisement for any earlier misrepresentation

Consumer Protection Act

“An Act to provide for better protection of the interests of consumers and for that purpose to
make provision for the establishment of consumer councils and other authorities for the
settlement of consumers' disputes and for matters connected therewith.”(According to Consumer
Protection Act, 1986).

Consumer Protection Act, 1986 seeks to promote and protect the interest of consumers against
deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer
against unfair or restrictive trade practices. This act was passed in Lok Sabha on 9th
December,1986 and Rajya Sabha on 10th December, 1986 and assented by the President of India
on 24th December, 1986 and was published in the Gazette of India on 26th December, 1986.

Consumer Responsibilities

Ask Yourself!

 Have you faced any problems as a consumer?

 Have you ever complained when you have had such a problem?
 Do you know that you could seek the assistance of a consumer group to protect your
interests?

Be Critically Aware

 The responsibility to be more alert and to question more – about prices, about quantity
and quality of goods bought and services used.

Be Involved

 The responsibility to be assertive – to ensure that you get a fair deal as a consumer.
Remember, if you are passive, you are likely to be exploited.

Be Organized

 The responsibility to join hands and raise voices as consumers; to fight in a collective and
to develop the strength and influence to promote and protect consumer interest.

Practice Sustainable Consumption

 The responsibility to be aware of the impact of your consumption on other citizens,

especially the disadvantaged or powerless groups; and to consume based on needs – not
wants.

Be Responsible to the Environment

 The responsibility to be aware and to understand the environmental consequences of our

consumption. We should recognize our individual and social responsibility to conserve
natural resources and protect the earth for future generations.

Consumer Rights Vs Responsibilities

Sl.No Rights Responsibility
1. Ensure that the company has provided you the contact details of
the consumer grievance handling system and are easily accessible.
2. Avoid purchase of products/services from a company which do
1 Right to be heard
not provide
details of the consumer grievance officers to handle consumer
grievances
1. Ignoring the loss suffered on purchase of defective goods and
services and not filing complaint encourages the corrupt business
man to supply low standards or defective goods and services.
Therefor file a complaint even for a small loss. File only a genuine
complaint.
2 Right to Redress 2. Consumer must file a complaint if not satisfied with the quality of
product/services.
3. Claim the penalties/compensation as provided under rules and
regulations to ensure that the quality delivery system improves.
4. Study carefully all terms and conditions related to
return/replacement of defective goods, refund and warranty policies.
1. While purchasing the goods or services, Consumer must look for
standard
3 Right to Safety
quality mark such as ISI, Hallmark, Agmark, ISO, FSSAI , etc.
2. Do not buy any spurious/ fake/duplicate/ hazardous products

1. Do not get carried away by advertisements only or believe on the

words of the seller. Consumer must look market reviews/feedback.
Similarly inform offers if product and services of companies are of
Right to Consumer
substandard.
4 Education/ Right to
2. Consumer must insist on getting complete information on the
be Informed
quality, quantity, utility, price etc. of the product or services.
3. Ask for complete contact details of the consumer grievance
mechanism of the company the consumer wish to buy from

1. Access the information available on various alternatives available

for the product and services under purchase consideration.
5 Right to Choose 2. Compare specifications, competition and fair prices of the goods
and services before finalizing on the purchase
3. Study various feedbacks/reviews of the products/services
CONSUMER RIGHTS
PrevNext

The consumer in the marketplace

Consumers participate in the marketplace by using a particular product. Had there been no
consumer no company would exist. The status of consumer is more or less pathetic as far as
consumer rights are concerned. You can take examples of shopkeepers weighing less than he
should, company’ making false claims on packs. Then there are local sweetmeat sellers
adulterating raw materials to produce the laddoos or barfis. You can recall the case of dropsy
because of adulterated mustard oil. No matter how bad quality you get, chances are you will
get a rude response from the shopkeeper if you dare to complain.

If you have traveled by railways then you can recall the horrible taste of almost all foodstuffs
being sold in trains and on platforms. Even the food supplied by the rail pantry is of horrible
quality.

Consumer Movement in India:

India has long tradition of food adulteration, black marketing, hoarding, underweighing, etc.
It was from the 1960s that the consumer movement began in India. Till the 1970s, consumer
movement was mainly restricted to writing articles and holding exhibitions. But there has
been an upsurge in the number of consumer groups in recent times.

The level of dissatisfaction with the sellers and service providers was such an extent that the
consumers had no choice but to raise their voice. After many years of organized struggle, the
government was forced to take notice and finally the Consumer Protection Act (COPRA) was
enacted in 1986.

Consumer rights:
Right to Be Informed: A consumer has the right to have correct information about a product.
There are rules which make it mandatory to mention ingredients and safety features on the
pack of a product. Proper information helps a consumer to make informed buying decision. A
pack of a product also needs to mention the MRP (Maximum Retail Price) and a consumer
can complain if the seller asks for more than the MRP.
 Right to Choose: A consumer has the right to choose from different options. A seller cannot
just offer to sell only one brand to the consumer. The seller has to offer various options to the
consumer. This right is usually enforced through laws against monopoly trade.
Right to Seek Redressal: If a consumer gets affected by false promises made by the producer
or suffers because of manufacturing defect; he has the right to seek redressal. Suppose you
took a mobile connection and the bill shows many hidden charges which were not explained
to you earlier. Or the mobile company activated a ringtone without your permission. Then
you can go to the consumer court to put your case.

Consumer Forum:

The consumer movement in India has led to the formation of various organisations locally
known as consumer forums or consumer protection councils. They guide consumers on how
to file cases in the consumer court. On many occasions, they also represent individual
consumers in the consumer courts. These voluntary organisations also receive financial
support from the government for creating awareness among the people.

If you are living in a residential colony, you might have noticed name boards of Resident
Welfare Associations. If there is any unfair trade practice meted out to their members they
take up the case on their behalf.

Consumer Courts: This is a three-tier quasi-judicial system. The district level court deals
with cases involving claims upto Rs. 20 lakh. The state level court deals with cases between
Rs. 20 lakh and Rs. 1 crore. The national level court dealt with cases which involve claims
exceeding Rs. 1 crore.

If a case is dismissed in district level court, the consumer can also appeal in state and then in
National level courts.

National Consumers’ Day

24th December is celebrated as the National Consumers’ Day. It was on this day that the
Indian Parliament enacted the Consumer Protection Act in 1986. India is one of the few
countries that have exclusive courts for consumer redressal. The consumer movement in India
has made significant progress in recent times. At present, there are more than 700 consumer
groups. Out of them, about 20-25 are well organized and are recognized for their work.
The consumer redressal process is becoming cumbersome, expensive and time consuming.
The lawyer’s charges in some cases work as deterrent. Sometimes, the long delay de-
motivates a person and he may even stop pursuing the case.