Consumer Rights..

By- Yash Pradhan

● Who is Consumer?

A consumer is a person who intends to

order or use purchased goods products or
services primarily for personal social family
household and similar needs not directly
related to entrepreneurial or business
activity
● Definition of consumer exploitation.

Consumer exploitation refers

to taking undue advantage of
consumers by the sellers for
the benefit of own.
● Ways of consumer exploitation?
Exploitation in the marketplace happens
in various ways for example sometimes
traders indulge in unfair trade practices
such as when shopkeepers weigh less
than what they should or when traders
add charges that were not mentioned
before or when adulterated / defective
goods are sold
● Ways of consumer exploitation?
Also markets do not work in a fair manner when producers
are few and powerful whereas consumers are in small
amounts these big companies with huge wealth power and
reach can manipulate the market in various ways at times
false information is passed through the media and other
sources to attract consumers for example a company for years
old powder milk for babies all over the world as the most
scientific product claiming to be better than mothers milk it
took years of struggle before company was forced to accept
that it had been making a false claims similarly a long battle
had to be fought with court cases to make cigarette
manufacturing companies accept that their products could
cause cancer hence.
● Evolution of consumer movement
The consumer movement arose out of dissatisfaction off the
consumers as many unfair practices were being induced by
the seller there was no legal system available to consumer to
protect them from exploitation in the market place for a long
time when a consumer was not happy with the brand
product or shopkeeper she generally avoided buying that
product aur would stop purchasing from that shop it was
presumed that it was the responsibility of consumers to be
careful while buying a commodity or service. It took years
for organisations in India and world to create awareness
amongst people this also shifted the responsibility of
ensuring quality of goods and services on to the sellers.
● Evolution of consumer movement
In India the consumer movement it as a social force originated with the necessity of
protecting and promoting the interest of consumer against unethical and unfair trade
practices rampant food shortages hoarding black marketing adulteration of food and
edible oil gave birth to the consumer movement in an organised form in the 1960 the
1976 consumer organisations were largely engaged in writing articles and holding
exhibitions they formed consumer groups to look into the malpractices in ration
shops and overcrowding in the road passenger 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 form as well as
government to correct business conduct which may be unfair and against the
interests of the consumers a popular act known as COPRA was also arranged.
● Rights and duties of consumer
Right to be informed- whenever one buys any commodity he would find certain details given
on the packing including ingredients used price batch number date of manufacture expiry
date and the address of the manufacturer by medicines on the packets we might find
directions for proper use and information related to side effects and risks associated with the
usage of the product then you by government you will also find information for washing.
This rule is made for manufacturers to display the information because a consumers have the
right to be informed about the particulars of goods and services that they purchased
consumers then can complain ask for compensation or replacement if the product proves to
be defective in anyway for example if we buy a product and find it defective well within the
expiry period we can ask for replacement if the expiry period was not printed the
manufacture would blame the shopkeeper and will not accept the responsibility. If people sell
medicines that are expired action can be taken against. Similarly one can protect and
complain if someone sells a good at more than the printed price that is the MRP
Right to choose - any consumer who receives the service in
whatever capacity regardless of age gender and nature of service
has the right to choose whether to continue to receive the service.
Suppose one wants to buy toothpaste and the shop owner says
that she can sell the toothpaste only if you buy a toothbrush if
you are not interested in buying the brush their right to choice is
denied. Similarly sometimes gas supply dealer insist that you
have to buy the store from them when you take a new
connection. In this way many times you are forced to buy things
that one may not wish to and he is left with no choice.
Right to seek redressal- consumers have the right to
seek redressal against unfair trade practices and
exploitation. If any e damage is done to a customer ,
she has the right to get compensation depending on the
degree of damage. There is a need to provide an easy
and effective public system by which this can be done.
The consumer can file a complaint before the
appropriate consumer forum on his or her own with or
without the services of lawyers.
Right to represent - the consumer movement in India has led to the
formation of various organisation known as consumer forums are
consumer protection council the guide consumers on how to file
cases in the consumer court. On many occasions they also represent
individual consumers in quotes full stop these voluntary
organisation also receive financial support from the government for
creating awareness among people. Under c o p r a a 3 tier quasi-
judicial machinery at district state and national level was set up for
redressal of consumer disputes this act enabled us as consumers to
have the right to represent in the consumer courts
● What is COPRA 1986
India has been observing 24 December as the national consumers Day. It was on
this day that the Indian parliament enacted the consumer protection act 1986 to
protect the interests of consumers in India.Under COPRA play the three-tier quasi
judicial machinery at the district state and national level was set up for redressal of
consumer disputes the district level court cal district forum deals with the cases
involving claims upto rupees 20 lakh the state level court called state commission
between rupees 20 lakh and 1 crore and the national level court the national
commission deals with cases involving claims exceeding rupees 1 crore if a case is
dismissed in district level consumer can also be in the state and then in the national
level court . Also the enactment of a has led to the setting up of separate
department of consumer affairs in Central and state government
● What is is standardization of product?
Product standardization refers to the process of
maintaining uniformity of products and
services sold in different markets or in other
words setting identical characteristics for a
particular good or service for example if a
particular company comes up with the decision
of standardizing the product then the product is
being manufactured using the same material
same processes and even sold under the same
name.
● How to become a well informed
consumer?
When buying any commodity one should find certain details given on the
packing about ingredients used price batch number date of manufacture
expiry date and the address of the manufacturer. When we buy medicines on
the packets there are direction for proper use and information relating to its
side effects and risk associated with the uses of that medicine when we buy
garments we also find information such as instructions for washing. Also a
very inform consumer should know about legal rights that protect him from
exploitation from the shopkeeper logos like ISI and hallmark guaranteeing a
product quality should also be considered and the consumer should stay away
from false information advertised on media to attract buyers
● What are achievements and shortcomings of
consumer movement?
Achievements- The consumer movement in India has made some
progress in terms of numbers of organised groups and their activities
there are more than 700 consumer groups in the country of which
about 20 to 25 are well organised and recognised for work . after
more than 25 years of enactment of COPRA consumer awareness in
India spreading . All of this resulted in reduction in malpractices
against the consumers MRP is followed strictly people are getting
aware about their rights the quality of commodities has increased
Too
● Shortcomings

The consumer redressal process is becoming cumberstone expensive and time consuming. Many time consumers
are required to engage lawyers in these cases required time for filling and attending the court proceedings in
most purchases cash memos are not issued and evidence is not easy to gather moreover most purchases in the
market are small retail sales. The existing laws also are not clear on the issue of compensation to consumers of
defective products besides this the enforcement of laws that protect workers especially in the unorganised sector
is weak. Similarly rules and regulations for working of markets are often not followed
Consumer Movements
● Case Studies
● Reji’s Sufferings - reji Mathew a boy studying in class ninth admitted in a private clinic in Kerala
for operation of tonsils
● An ENT surgeon operated under general anaesthesia as a result of improper anaesthesia reji
showed symptoms of brain abnormalities and was crippled for life
● Father filed a complaint in state consumer dispute redressal commission claiming compensation for
rupees 5 lakh for medical negligence and deficiency
● The state commission dismissed saying that evidence was not sufficient regis father appeal against
national consumer dispute redressal commission located in New Delhi
● They look after the complete and held the hospital responsible for medical negligence and directed
to pay the compensation
● In my opinion it is the negligence of doctor and staff which resulted in this condition of the boy
producers and provider should strictly follow required safety rules and regulations to perform safe
operations.
● While using many goods and services we as consumers have the right to be protected against the
marketing of goods and delivery of services that are hazardous to life and property
 Questions of Case Study

1. LPG cylinder should be safely delivered and handled in the medicine the MRP
should not be exceeded and expiration date should be checked same with
edible oil and lastly in a high rise building proper safety measures for the
workers and the surrounding should be taken
2. Once I was near a construction area where the workers were not wearing
safety equipments as a result one worker fell and got himself hurt which was
the responsibility of the producer or the owner.
● Waiting- Ankita and engineering graduate after
submitting all certificates and attending interview for a
government job did not receive any news of the result.
● The officials also refused to comply therefore filed an
application using the RTI act saying that it was her right to
move the result in a reasonable time so that she could plan
her future
● He was not only informed about the reasons for the delay
in the end result but also got her call letter for appointment
as she performed well in the interview
● In my view it is completely correct I have the right to view
her result under consumer right of ‘right to be informed’.
 Questions of Case Study

1. To increase profit margins some retailers for shopkeeper sell products above MRP which is wrong it happens
many a time when you go to a hill station for a water place when the charge us extra for service at special place
2. The ingredients help us to know what's inside so that we can buy it with accordance to our energies and nutrition
requirements it also has MRP and various marks such as ISI and agmark. But they should also have proper
warning if any so that the user is alerted
3. Yes I agree RTI act insurance its citizens all the information about the function of government departments if the
work is not being done which is important for living gandi gandi question the authorities for this
● A Refund-
● Abhirami student join the two year course at a local coaching institute and gave lump sum
amount of 61020 rupees
● However she decided to opt out at the end of one year as she found that quality of teaching
was not upto the mark when she asked for a refund she was denied
● She filed the case in district consumer court and they directed the institute to refund 28000
saying that she had the right to choose
● The institute again appealed in in state consumer commission the state commission upheld
the district court direction and further find the institute fees 25000 for a frivolous appeal it
also directed the institute to pay rupees 7000 as compensation and litigation cost
● And also restrained all education and professional institutions from charging fees for the
entire duration of the course in advanced any violation of this order mein invite penalties
and imprisonment commission said
● In my opinion the decision was fair this activity of taking the money in advance was the
violation for right to choose for the student if he wanted to discontinue the service
 Questions of Case Study

● 15 grams more in every 500 gram pack catchers customer

● Subscribe for a newspaper with a gift at the end of the year since this would
help in educating people and providing them with something more
Only these schemes would help customers all the other
ones will result in violation of rights of customers such as right to choose
THANK YOU