Chapter 5 Consumer Rights

Overview

This chapter emphasizes the importance of consumer rights and the role of the consumer movement in ensuring fair practices in the marketplace. It begins by highlighting how consumers can be exploited through unfair trade practices and the lack of legal recourse. The chapter traces the origins and evolution of the consumer movement in India, underscoring the significance of consumer awareness and collective action. It then details the various consumer rights guaranteed by the Consumer Protection Act (COPRA) of 1986, such as the right to safety, information, choice, representation, redressal, and consumer education. Finally, it discusses the mechanisms for consumer redressal and the ongoing efforts to strengthen the consumer movement.

The Consumer In The Marketplace

Consumers are essential participants in the market, purchasing goods and services. However, they often find themselves in a weak position against powerful sellers and large companies that may engage in unfair trade practices like underweighting, hidden charges, or selling defective goods. The lack of effective legal recourse and the presumption that consumers alone are responsible for being careful contributed to exploitation.

Consumer Movement

The consumer movement emerged as a response to dissatisfaction with unfair trade practices and the absence of adequate legal protection. Initially focused on raising awareness through articles and exhibitions, consumer groups later expanded their scope to address issues like malpractices in ration shops and transport services. The movement aims to protect and promote consumer interests, shifting responsibility from just the consumer to ensuring accountability from sellers and government oversight.

Consumers International

The UN Guidelines for Consumer Protection (1985) and the establishment of Consumers International as an umbrella body for consumer organizations worldwide have provided a global framework and impetus for national consumer movements.

Safety Is Everyone’s Right

Consumers have the right to be protected against hazardous goods and services. Producers must adhere to safety standards, and government action is needed to ensure these standards are met. Examples include safety valves in pressure cookers and proper anaesthesia procedures in hospitals. Weak supervision and inadequate consumer awareness can lead to accidents and exploitation.

Information About Goods And Services

Consumers have the right to be informed about product details like ingredients, price (MRP), batch number, expiry date, and usage instructions. This information helps consumers make informed choices and seek redressal if products are defective or misrepresented. The Right to Information (RTI) Act, 2005, extends this principle to government functions, empowering citizens to seek information and hold public officials accountable.

Reji’s Suffering

Reji's case illustrates the violation of the right to safety and the importance of the right to redressal when medical negligence leads to harm. His father fought a legal battle to ensure the hospital was held accountable.

Waiting... / A Refund

Amritha's experience highlights the Right to Information, enabling her to question delays and secure her rightful employment. Abirami's case demonstrates the Right to Redressal, where a coaching institute was compelled to refund fees for inadequate services, and the right to choose.

Where Should Consumers Go To Get Justice?

Consumers can seek justice through a three-tier quasi-judicial machinery established by the Consumer Protection Act (COPRA) of 1986:

• District Forum: Handles claims up to Rs 20 lakh.
• State Commission: Deals with claims between Rs 20 lakh and Rs 1 crore.
• National Commission: Addresses claims exceeding Rs 1 crore.

Consumers can file complaints themselves, and appeals can be made to higher levels if dissatisfied with a lower court's verdict. Consumer forums and voluntary organizations also provide guidance and representation.

Learning To Become Well-Informed Consumers

Becoming a conscious consumer involves understanding one's rights and making informed choices. Labels like ISI, Agmark, and Hallmark provide assurance of quality, although not all producers adhere to these standards. The RTI Act empowers citizens to seek information about government functioning, enhancing transparency and accountability.

ISI And Agmark

Marks like ISI (for manufactured goods) and Agmark (for agricultural products) signify adherence to quality standards, helping consumers make informed choices. While some certifications are mandatory for safety-related products, others are voluntary.

Consumer Movement

The consumer movement in India arose from widespread dissatisfaction with unfair trade practices and the lack of legal remedies. It gained momentum through consumer organizations that advocated for consumer rights, raised awareness, and fought for justice in consumer courts. Despite progress, challenges remain in consumer awareness and the enforcement of laws, especially concerning workers in the unorganised sector and market regulations.

Taking The Consumer Movement Forward

The consumer movement requires active participation and voluntary effort from citizens. While government initiatives like COPRA and consumer awareness programs are important, collective action and continuous vigilance are essential to ensure fair practices and protect consumer rights.

Exercises

The chapter's exercises aim to reinforce the understanding of consumer rights and the movement. Questions cover the need for market regulations, the causes and evolution of the consumer movement, examples of exploitation, the government's role, specific consumer rights, legal redressal mechanisms, and the importance of consumer consciousness. Activities involve identifying logos, categorizing cases under different rights, discussing safety standards, writing letters and petitions, preparing posters, and conducting surveys to assess consumer awareness.