Professional Documents
Culture Documents
19.0 OBJECTIVES
After studying this unit, you should be able to:
know the statutory and other rights available to consumers
identifying situations in which consumers can exercise their rights
know the manner in which such rights can be availed of
identify the problems associated with consumers' rights.
19.1 INTRODUCTION
Each of one of us is a consumer. Every day we buy goods or services. While buying goods or
services, we are concerned with our money, health, safety, environment, etc. However,
generally we feel that we are always in a sellers' market, It's because the sellers attitude
towards the consumer is take it or leave it. We, thus, feel at the receiving end. To a great extent k
it is true also. Consumer being the weaker party in the commercial dealing is either taken for
granted or taken for a ride. Fleecing the customer has become so widespread that no share
remains untouched by this malady. False or misleading advertisements or representation,
bargain price, offering of gifts, prizes, contest, etc., non-compliance of product safety
standards, hoarding of goods, etc. make us victims in one way or the other knowingly or
unknowingly.
But, there is other side of the picture also, that is. lack of awareness, lack of a sense of
responsibility and undue feeling of be:plessness on our part.
Most of us believe that we act rationally. We see ourselves as being well informed by social .
trends or commercial tactics. But in reality it is not so. Our buying behaviour is often irrational,
influenced by social trends, sales pressure, salesmanship and advertisements. As a result, we
often purchase goods or services without paying sufficient attention to price and quality. Many
of us do not realise the environmental consequences of ourconsumption.
The anonymity of urban living has been responsible for large scale unfair trade practices on the
part of the unscrupulous manufacturers and traders. As a consequence, ill-informed and
unorganised consumers have to bear the brunt of exploitation by the manufacturers and Consumer mghts end their
traders. India is a seller's paradise being a county of shortages. Exploitation of consumers is Manifestations
therefore more conspicuous.
Legislations protecting the interests of consumers, therefore, were much too warranted.
The right to be informed now goes beyond avoiding deception and the protection against
misleading advertising, labelling or other practices. Consumers should be provided with
adequate information enabling them to act wisely and responsibly.
4) , Right to be heard means that the consumers interests will receive due considerations at
1) A courier agreed to deliver consignment on a particular day. The goods reached there,
but were quarantined for inspection there. The courier failed to inform consignor about
it. It was held that this is deficiency in service. Compensation was awarded even though
the standard condition mentioned 'limited liability' upto US $100 only. It was held that
liability clause is printed in very small print and not necessarily read by party. In any
case, courier is liable for neligence and deficiency in performance of service irrespective
of any clause in the contract. Sudhir Deshpande v. Elbee Services Ltd. (1 993) 12 CLA 68
(NCDRC).
2) Again, in Airpack Couriers (India) (P) Ltd. vs. Suresh, (decided on 1 1.03.1993), NCDRC
awarded compensation of Rs. 1,000, a sum mentioned as per term incorporated in the
consignment note as maximum liability of courier, for loss of important papers, as nature
of contents were not disclosed to the courier.
3) In Telc-Communication Dept. v. Shanmugham Chemical Industries - (1995-CS
Sept. 95), telephone department accepted application for telephone connection. However,
after three years, the department replied that the application should be signed by working
partner or all partners and not by a attorney holder. These were the internal instructions
to department and outsiders cannot be aware of such instructions. It was held that
rejection of application after three years creates a suspicion that the objection is not bona
fide, but only to defeat the priority claim of applicant. In this case, departmental officers
were personally asked to pay compensation of Rs. 10,000/-
You are advised to study the aforesaid case-law alongwith the case-law given in U n i t 3
under the 'Meaning of Consumer' and 'Deficiency of service'.
Apart from lack of awareness there is also lack of sense of responsibility. This responsibility is
of two types. One responsibility to cnforce our rights and second responsibility to do our duties
related to rights. It is well known fact that laws by themselves do not serve any purpose.
Therefore, unless we make ourselves aware of laws, make the traders know of our awareness,
have the ncccssary ability to lodge complaints against violation of rights and confinue to
follow the complaints lodged, these rights will remain only on paper.
bnsumers remain exploited inspite of the various rights conferred upon them under the
)nsumerProtectionAct, 1986. Do you agree? Give reasons for your answers.
3) Consumers should not only seek rights but also behave as responsible consumers. Do you
agree? State the duties of consumers.