Modern business plays a key role in our society. Each company has an important
socioeconomic impact on the people and also has to deliver goods and services as per the
current living standards of the people. It has a great responsibility for the welfare of our
society. Hence, a consumer is the basic component of the society and business has a
commitment towards him. But sometimes when there is shortage of goods in the market,
producers charge unreasonable prices for such goods leaving the consumers with no choice
other than to buy the products. Therefore, the consumers need to be protected from unfair
trade practices, poor quality products, high prices and misleading advertisements. Hence, it is
very important to spread awareness among the consumers regarding their rights and also what
responsibilities they carry as a responsible consumer.
Consumer Protection Act
In order to protect the consumer from all the unfair means and trade practices, the government of India enacted the Consumer Protection Act,1986 which was subsequently 1 amended several times in order to meet the changing requirements of the business world and consequently protection of the consumers. This Act was repealed by the Consumer Protection Act, 2019 which now in a better way provides protection to the interest of the consumers and 2 for this purpose establish administration and authorities for redressal of consumer disputes in effective time.
Objectives of the Act
1. To provide better protection to consumers in all aspects.
2. To provide speedy redressals for consumer grievances.
3. To create a framework for the consumers to seek redressal.
4. To provide all the necessary rights to the consumers.
5. To safeguard all the rights of the consumers provided by this Act.
Who is a consumer?
Consumer is defined under section 2(7) of the Act[3]as a person who:
● Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, and includes any user of such goods other than the person who buys such goods with the person’s approval, but does not include a person who obtains such goods for resale or for any commercial purpose.
● hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, and includes any beneficiary of such service than the person who avails or hires such service with the approval of the person first mentioned, but it does not include any person who hires such service for any sort of commercial purpose.
Consumer Rights
Consumer Rights as defined under section 2(9) of the Act as ‘the right to have information 4 about the quality, potency, quantity, purity, price and standard of goods or services.’
In general, the consumer rights are:
1. The right to be protected from the marketing of all kinds of dangerous goods and services.
2. The right to be fully informed about the quality, quantity and all related information about goods and services.
3. The right to choose goods and services freely.
4. The right to be heard regarding consumer’s interest.
5. The right to seek redressal.
6. The right to consumer awareness.
Right to Safety
It means the rights to be protected from mechanization of goods and services which are dangerous to life and property. The goods and services purchased by the consumers should not just fill their immediate needs but also serve for long-term purposes. The consumer, before purchasing should not only be aware of the quality of the products but also insist on guaranteeing the goods and services.
Right to Choose
It gives the right to consumers to be provided with diverse goods and services at competitive prices. It also includes the right to basic goods and services because an unrestricted right of the minority to choose can lead to denial of the majority of its fair share. Also, in case of monopoly, this right means assurance of up to par quality of goods and services at fair prices. Therefore, this right can be more efficiently applied in a competitive market where goods and services are available at competitive prices.
Right to be Informed
This right means the consumer needs to be made aware about the quality, quantity, potency, purity and standard price of the goods and services in order to protect them from unfair trade practices. The consumer should emphasize on gathering all the possible information about the product or service before making any decision. This will enable him to desist from falling prey to high pressure selling techniques.
Right to Consumer Education
It is about to be an informed consumer throughout his life by acquiring knowledge and skills. People should be aware of their rights and also must exercise them in order to prevent their exploitation.
Right to be Heard
This right ensures that consumer’s interest will receive due consideration at various consumer forums. It also means the right to be represented in various consumer forums formed for redressal of consumer disputes. Also, the consumers should form various non-political and non-commercial consumer organizations to represent consumer related matters in various dispute resolution commissions formed under this Act.
Right to Seek Redressal
The right that indemnifies consumers for their unscrupulous exploitation by unfair trade practices. It also ensures fair settlement for the consumers against their grievances. In fact, the consumer should exercise this right even if it is for small value because its impact on society as a whole can be large.
Consumer Responsibilities
The consumer should not be just aware of the rights provided to him but also act responsibly before making any choice or decision of goods and services. With every right assured comes greater responsibilities for better results. A responsible consumer protects himself from being fooled by false advertisements or deceived by any unfair trade practices. Some of the responsibilities can be:
1. Be critically aware
It is the responsibility to be more alert and question more about the quality, quantity, prices and standards of goods and services chosen by them. A consumer while purchasing should look for standard quality marks such as ISI, Hallmark, Agmark, etc. They should not buy products which are duplicate or hazardous to life and property. They should study carefully all the terms and conditions related to return or replacement policies and warranty policies. Consumer should compare specifications, prices and study various feedback before making any choice of goods and services.
2. Be involved
This involves the responsibility to be assertive in order to get fair deals as a consumer. If a consumer is passive, the chances of his exploitation increases.
3. Be organized
The responsibility to join hands and raise voice as consumers together. It is about to fight in a collective way which gives more strength and power to promote and protect consumer interest.
4. Practice sustain consumption
The consumers should consume goods and hire services on the basis of their needs and not wants. It is the responsibility of the consumers to be aware of their consumption on others especially disadvantaged or powerless groups in our society.
5. Be responsible towards the environment
The responsibility to be aware and understand the consequences of our consumption on the environment. It is our responsibility to use our natural resources in a sustainable manner so that it can be available for our future generations.
Conclusion
Nowadays, a consumer is provided with a variety of options for making choices of goods and services at competitive prices. With the introduction of e-commerce, the consumers have a greater exposure. The advertising world is also playing a major role in the lives of consumers in order to help them select a better product or service. But with the availability of all these wider options, the cases of unfair trade practices, misleading or false advertisements and decreased standards of goods and services have also increased. This calls for the consumers to be aware of their rights before choosing a product or service and also what remedies are available to them in case they are deceived. They should be responsible enough before making a choice, question and analyze everything and also should raise their voice in case of their unscrupulous exploitation. They need to be aware about how they can seek redressal of their grievances. Also, the use of goods and services should be in a sustainable manner, keeping the safety of our environment in our minds. A responsible and well aware citizen not only protects his rights as a consumer but also safeguards the interest of the society as a whole.
1 Consumer Protection Act, 1986, No. 68, Acts of Parliament, 1986
2 Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019
3 Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019
4 Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019
Consumer Protection Act
In order to protect the consumer from all the unfair means and trade practices, the government of India enacted the Consumer Protection Act,1986 which was subsequently 1 amended several times in order to meet the changing requirements of the business world and consequently protection of the consumers. This Act was repealed by the Consumer Protection Act, 2019 which now in a better way provides protection to the interest of the consumers and 2 for this purpose establish administration and authorities for redressal of consumer disputes in effective time.
Objectives of the Act
1. To provide better protection to consumers in all aspects.
2. To provide speedy redressals for consumer grievances.
3. To create a framework for the consumers to seek redressal.
4. To provide all the necessary rights to the consumers.
5. To safeguard all the rights of the consumers provided by this Act.
Who is a consumer?
Consumer is defined under section 2(7) of the Act[3]as a person who:
● Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, and includes any user of such goods other than the person who buys such goods with the person’s approval, but does not include a person who obtains such goods for resale or for any commercial purpose.
● hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, and includes any beneficiary of such service than the person who avails or hires such service with the approval of the person first mentioned, but it does not include any person who hires such service for any sort of commercial purpose.
Consumer Rights
Consumer Rights as defined under section 2(9) of the Act as ‘the right to have information 4 about the quality, potency, quantity, purity, price and standard of goods or services.’
In general, the consumer rights are:
1. The right to be protected from the marketing of all kinds of dangerous goods and services.
2. The right to be fully informed about the quality, quantity and all related information about goods and services.
3. The right to choose goods and services freely.
4. The right to be heard regarding consumer’s interest.
5. The right to seek redressal.
6. The right to consumer awareness.
Right to Safety
It means the rights to be protected from mechanization of goods and services which are dangerous to life and property. The goods and services purchased by the consumers should not just fill their immediate needs but also serve for long-term purposes. The consumer, before purchasing should not only be aware of the quality of the products but also insist on guaranteeing the goods and services.
Right to Choose
It gives the right to consumers to be provided with diverse goods and services at competitive prices. It also includes the right to basic goods and services because an unrestricted right of the minority to choose can lead to denial of the majority of its fair share. Also, in case of monopoly, this right means assurance of up to par quality of goods and services at fair prices. Therefore, this right can be more efficiently applied in a competitive market where goods and services are available at competitive prices.
Right to be Informed
This right means the consumer needs to be made aware about the quality, quantity, potency, purity and standard price of the goods and services in order to protect them from unfair trade practices. The consumer should emphasize on gathering all the possible information about the product or service before making any decision. This will enable him to desist from falling prey to high pressure selling techniques.
Right to Consumer Education
It is about to be an informed consumer throughout his life by acquiring knowledge and skills. People should be aware of their rights and also must exercise them in order to prevent their exploitation.
Right to be Heard
This right ensures that consumer’s interest will receive due consideration at various consumer forums. It also means the right to be represented in various consumer forums formed for redressal of consumer disputes. Also, the consumers should form various non-political and non-commercial consumer organizations to represent consumer related matters in various dispute resolution commissions formed under this Act.
Right to Seek Redressal
The right that indemnifies consumers for their unscrupulous exploitation by unfair trade practices. It also ensures fair settlement for the consumers against their grievances. In fact, the consumer should exercise this right even if it is for small value because its impact on society as a whole can be large.
Consumer Responsibilities
The consumer should not be just aware of the rights provided to him but also act responsibly before making any choice or decision of goods and services. With every right assured comes greater responsibilities for better results. A responsible consumer protects himself from being fooled by false advertisements or deceived by any unfair trade practices. Some of the responsibilities can be:
1. Be critically aware
It is the responsibility to be more alert and question more about the quality, quantity, prices and standards of goods and services chosen by them. A consumer while purchasing should look for standard quality marks such as ISI, Hallmark, Agmark, etc. They should not buy products which are duplicate or hazardous to life and property. They should study carefully all the terms and conditions related to return or replacement policies and warranty policies. Consumer should compare specifications, prices and study various feedback before making any choice of goods and services.
2. Be involved
This involves the responsibility to be assertive in order to get fair deals as a consumer. If a consumer is passive, the chances of his exploitation increases.
3. Be organized
The responsibility to join hands and raise voice as consumers together. It is about to fight in a collective way which gives more strength and power to promote and protect consumer interest.
4. Practice sustain consumption
The consumers should consume goods and hire services on the basis of their needs and not wants. It is the responsibility of the consumers to be aware of their consumption on others especially disadvantaged or powerless groups in our society.
5. Be responsible towards the environment
The responsibility to be aware and understand the consequences of our consumption on the environment. It is our responsibility to use our natural resources in a sustainable manner so that it can be available for our future generations.
Conclusion
Nowadays, a consumer is provided with a variety of options for making choices of goods and services at competitive prices. With the introduction of e-commerce, the consumers have a greater exposure. The advertising world is also playing a major role in the lives of consumers in order to help them select a better product or service. But with the availability of all these wider options, the cases of unfair trade practices, misleading or false advertisements and decreased standards of goods and services have also increased. This calls for the consumers to be aware of their rights before choosing a product or service and also what remedies are available to them in case they are deceived. They should be responsible enough before making a choice, question and analyze everything and also should raise their voice in case of their unscrupulous exploitation. They need to be aware about how they can seek redressal of their grievances. Also, the use of goods and services should be in a sustainable manner, keeping the safety of our environment in our minds. A responsible and well aware citizen not only protects his rights as a consumer but also safeguards the interest of the society as a whole.
1 Consumer Protection Act, 1986, No. 68, Acts of Parliament, 1986
2 Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019
3 Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019
4 Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019
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