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| Class 10th Chapters | ||
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| 1. Development | 2. Sectors Of The Indian Economy | 3. Money And Credit |
| 4. Globalisation And The Indian Economy | 5. Consumer Right | |
Chapter 5 Consumer Rights
This chapter focuses on the position of the consumer in the marketplace and the need for their protection against exploitation. It highlights that individual consumers are often in a weak position against powerful producers and sellers who may indulge in unfair trade practices, such as selling defective or adulterated goods, providing false information, or weighing less. This vulnerability gave rise to the consumer movement in India, which culminated in the enactment of a landmark legislation, the Consumer Protection Act, 1986 (COPRA).
COPRA empowers consumers by granting them specific legal rights. The most important of these are the Right to Safety, the Right to be Informed about the quality, quantity, and price of goods, the Right to Choose, and the Right to Seek Redressal. To enforce this last right, the Act established a three-tier quasi-judicial machinery, consisting of District, State, and National Consumer Disputes Redressal Commissions (often called 'consumer courts'), where consumers can file complaints and seek compensation for damages. The chapter concludes by emphasizing that for these rights to be effective, consumers themselves must be aware and actively participate in the movement, using tools like quality marks (ISI, Agmark) and their legal rights to ensure a fair marketplace.
The Consumer in the Marketplace
We participate in the market both as producers and consumers. As consumers, we purchase the final goods and services we need. While markets are essential, they don't always work in a fair manner, and consumers can be exploited in various ways. Therefore, rules and regulations are required for the protection of consumers in the marketplace.
Exploitation in the Marketplace
Individual consumers often find themselves in a weak position because producers and sellers can be powerful and sometimes use unfair practices to increase their profits. Exploitation can happen in various ways:
- Unfair Trade Practices: Shopkeepers might weigh less than they should, or traders might add charges that were not mentioned beforehand.
- Adulterated/Defective Goods: Selling goods that are mixed with impurities (adulterated) or are faulty is a common form of exploitation.
- Market Manipulation by Large Companies: When producers are few and powerful, they can manipulate the market. Companies with huge wealth and reach can use their power to the disadvantage of consumers. -
- False Information: At times, false information is passed on through media and advertisements to attract consumers. For example, a company sold milk powder for babies by falsely claiming it was better than mother's milk. Another example is cigarette companies hiding the fact that their product could cause cancer.
This unequal power dynamic between individual consumers and powerful producers necessitates rules, regulations, and a collective effort to ensure consumer protection.
The Consumer Movement
The consumer movement arose out of the dissatisfaction of consumers with the unfair practices of sellers and the lack of a legal system to protect them from exploitation in the marketplace. It represents a collective effort to protect and promote the interests of consumers.
Evolution of the Consumer Movement in India
- Origins in the 1960s: The movement began in an organized form in the 1960s due to rampant food shortages, hoarding, black marketing, and adulteration of food and edible oil.
- Activities in the 1970s: Initially, consumer organizations were mainly engaged in writing articles and holding exhibitions. They formed consumer groups to look into malpractices in ration shops and overcrowding in public transport.
- Shift in Responsibility: The movement helped create awareness and shifted the responsibility of ensuring the quality of goods and services from the buyer to the seller.
- A Major Step - COPRA (1986): Because of the pressure from the consumer movement, the Indian government enacted the Consumer Protection Act 1986, popularly known as COPRA. This was a major step in empowering consumers.
Consumers International
At the international level, the consumer movement gained momentum when the United Nations adopted the UN Guidelines for Consumer Protection in 1985. This became a foundation for consumer protection measures worldwide. Today, Consumers International is an umbrella body for over 200 member organizations from more than 100 countries, advocating for consumer rights globally.
Consumer Rights
The enactment of COPRA in 1986 granted several rights to consumers to protect them from exploitation. These rights empower consumers to demand quality, information, and justice. Let's explore some of the key rights.
1. Right to Safety
Consumers have the right to be protected against the marketing of goods and delivery of services that are hazardous to life and property. Producers must strictly follow the required safety rules and regulations.
Example:
- A pressure cooker must have a high-quality safety valve. If it is defective, it can cause a serious accident.
- In a case of medical negligence, a student, Reji Mathew, was crippled for life due to improper anaesthesia during a tonsil removal surgery. His father filed a complaint, and the National Consumer Disputes Redressal Commission held the hospital responsible and directed it to pay compensation. This case highlights that safety standards must be followed in services like healthcare as well.
Weak supervision of rules and a less-strong consumer movement can lead to bad quality and unsafe products being sold in the market.
2. Right to be Informed
Consumers have the right to be informed about the particulars of goods and services they purchase. Rules have been made for manufacturers to display this information on the packaging. This includes:
- Ingredients used
- Price (Maximum Retail Price - MRP)
- Batch number
- Date of manufacture and expiry
- Address of the manufacturer
- Directions for proper use (especially for medicines)
This information allows consumers to complain and ask for compensation or replacement if a product is defective. For instance, if a product is sold above its MRP, a consumer can protest and complain.
Right to Information (RTI) Act, 2005
This right has been expanded to cover government services. The Right to Information (RTI) Act, enacted in October 2005, ensures that citizens can get information about the functions of government departments. This empowers citizens to question government actions and hold them accountable.
3. Right to Choose
Any consumer who receives a service, regardless of age, gender, or nature of service, has the right to choose whether to continue to receive that service. A seller cannot force a consumer to buy a product or service they do not want.
Example:
- A shop owner cannot insist that you buy a toothbrush if you only want to buy toothpaste.
- In a case, a coaching institute was forced to refund the fee for the second year to a student, Abirami, who opted out after one year because the teaching quality was poor. The State Commission affirmed that she had the right to choose and could not be forced to pay for a service she did not want to continue.
4. Right to Seek Redressal
Consumers have the right to seek redressal against unfair trade practices and exploitation. If any damage is done to a consumer, they have the right to get compensation depending on the degree of damage.
This is the right that allows consumers to go to consumer courts or commissions to get justice when they have been wronged.
Where Should Consumers Go to Get Justice?
The Consumer Protection Act (COPRA) of 1986 established a framework for consumers to seek justice. The consumer movement has led to the formation of consumer forums or consumer protection councils that guide people on how to file cases.
The Three-Tier Quasi-Judicial Machinery
Under COPRA, a three-tier system was set up for the redressal of consumer disputes. These are often referred to as 'consumer courts' but are technically commissions.
| Level | Name of Commission | Jurisdiction (Value of Claim) |
|---|---|---|
| District Level | District Consumer Disputes Redressal Commission | Deals with cases involving claims up to $\text{₹} \ 1$ crore. |
| State Level | State Consumer Disputes Redressal Commission | Deals with cases involving claims between $\text{₹} \ 1$ crore and $\text{₹} \ 10$ crore. |
| National Level | National Consumer Disputes Redressal Commission | Deals with cases involving claims exceeding $\text{₹} \ 10$ crore. |
If a case is dismissed at the district level, a consumer has the right to appeal to the state-level commission, and subsequently to the national-level commission. This Act has enabled consumers to have the right to represent their case in these commissions.
Becoming Well-Informed Consumers and Moving Forward
To exercise our rights effectively, we must become well-informed consumers. Acquiring the knowledge and skill to make informed choices is essential. The government and consumer groups play a crucial role in spreading awareness.
Quality Certifications and Logos
While purchasing goods, consumers can look for certain logos and certifications that assure quality. These are issued by organisations that monitor and certify that producers are following certain quality standards.
- ISI Mark: For industrial and consumer durable products like electrical appliances, LPG cylinders, and cement.
- Agmark: For agricultural and food products like edible oil and cereals.
- Hallmark: For jewellery (certifying the purity of the metal).
For products that affect the health and safety of consumers (like LPG cylinders, food colours), it is mandatory for producers to get certified by these organizations.
Taking the Consumer Movement Forward
The consumer movement in India has made some progress, but the journey is far from over. India observes 24th December as National Consumers’ Day, the day the Consumer Protection Act was enacted in 1986.
Challenges and the Path Ahead
- Cumbersome Process: The consumer redressal process can be cumbersome, expensive, and time-consuming. Cases often require lawyers and take a long time to be resolved.
- Lack of Evidence: In most small retail purchases, cash memos are not issued, making it difficult to gather evidence.
- Slow Awareness: Consumer awareness is spreading but at a slow pace. -
- Weak Enforcement: Enforcement of laws protecting workers and regulating markets is often weak.
The Consumer Protection Act was amended in 2019 to further strengthen consumer rights. It now includes e-commerce transactions and holds manufacturers responsible for defective products. Despite these measures, the effectiveness of the consumer movement depends on the active involvement of consumers. It requires a voluntary effort and struggle from everyone to ensure a fair and just marketplace.
NCERT Questions Solution
Intext Questions (Pages No. 77)
Question 1. What are the various ways by which people may be exploited in the market?
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Question 2. Think of one example from your experience where you thought that there was some ‘cheating’ in the market. Discuss in the classroom.
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Question 3. What do you think should be the role of government to protect consumers?
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Intext Questions (Pages No. 78)
Question 1. What could have been the steps taken by consumer groups?
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Question 2. There may be rules and regulations but they are often not followed. Why? Discuss.
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Intext Questions (Pages No. 79)
Question 1. For the following (you can add to the list) products/services discuss what safety rules should be observed by the producer?
(a) LPG cylinder
(b) cinema theatre
(c) circus
(d) medicines
(e) edible oil
(f) marriage pandal
(g) a high-rise building.
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Question 2. Find out any case of accident or negligence from people around you, where you think that the responsibility lay with the producer. Discuss.
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Intext Questions (Pages No. 81)
Question 1. When we buy commodities we find that the price charged is sometimes higher or lower than the Maximum Retail Price printed on the pack. Discuss the possible reasons. Should consumer groups do something about this?
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Question 2. Pick up a few packaged goods that you want to buy and examine the information given. In what ways are they useful? Is there some information that you think should be given on those packaged goods but is not? Discuss.
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Question 3. People make complaints about the lack of civic amenities such as bad roads or poor water and health facilities but no one listens. Now the RTI Act gives you the power to question. Do you agree? Discuss.
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Intext Questions (Pages No. 82)
Question 1. The following are some of the catchy advertisements of products that we purchase from the market. Which of the following offers would really benefit consumers? Discuss.
• 15 gm more in every 500 gm pack.
• Subscribe for a newspaper with a gift at the end of a year.
• Scratch and win gifts worth Rs 10 lakhs.
• A milk chocolate inside a 500 gram glucose box.
• Win a gold coin inside a pack.
• Buy shoes worth Rs 2000 and get one pair of shoes worth Rs 500 free.
Answer:
Intext Questions (Pages No. 84)
Question 1. Arrange the following in the correct order.
(a) Arita files a case in the District Consumer Disputes Redressal Commission.
(b) She engages a professional person.
(c) She realises that the dealer has given her defective material.
(d) She starts attending the commission proceedings.
(e) She goes and complains to the dealer and the Branch office, to no effect.
(f) She is asked to produce the bill and warranty before the commission.
(g) She purchases a wall clock from a retail outlet.
(h) Within a few months, the dealer was ordered by the commission to replace her old wall clock with a brand new one at no extra cost.
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Intext Questions (Pages No. 86)
Question 1. Look at the posters and cartoons in this chapter. Think of any particular commodity and the aspects that need to be looked at as a consumer. Design a poster for this.
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Question 2. Find out the nearest Consumer Disputes Redressal Commission for your area.
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Question 3. What is the difference between consumer protection council and Consumer Disputes Redressal Commission?
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Question 4. The Consumer Protection Act 1986 ensures the following as rights which every consumer in India should possess
(i) Right to choice.
(ii) Right to information.
(iii) Right to redressal.
(iv) Right to representation.
(v) Right to safety.
(vi) Right to consumer education.
Categorise the following cases under different heads and mark against each in brackets.
(a) Lata got an electric shock from a newly purchased iron. She complained to the shopkeeper immediately. ( )
(b) John is dissatisfied with the services provided by MTNL/BSNL/TATA INDICOM for the past few months. He files a case in the District Level Consumer Commission. ( )
(c) Your friend has been sold a medicine that has crossed the expiry date and you are advising her to lodge a complaint ( ).
(d) Iqbal makes it a point to scan through all the particulars given on the pack of any item that he buys. ( )
(e) You are not satisfied with the services of the cable operator catering to your locality but you are unable to switch over to anybody else. ( )
(f) You realise that you have received a defective camera from a dealer. You are complaining to the head office persistently ( ).
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Question 5. If the standardisation ensures the quality of a commodity, why are many goods available in the market without ISI or Agmark certification?
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Question 6. Find out the details of who provides Hallmark and ISO certification.
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Exercises
Question 1. Why are rules and regulations required in the marketplace? Illustrate with a few examples.
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Question 2. What factors gave birth to the consumer movement in India? Trace its evolution.
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Question 3. Explain the need for consumer consciousness by giving two examples.
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Question 4. Mention a few factors which cause exploitation of consumers.
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Question 5. What is the rationale behind the enactment of Consumer Protection Act 1986?
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Question 6. Describe some of your duties as consumers if you visit a shopping complex in your locality.
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Question 7. Suppose you buy a bottle of honey and a biscuit packet. Which logo or mark you will have to look for and why?
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Question 8. What legal measures were taken by the government to empower the consumers in India?
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Question 9. Mention some of the rights of consumers and write a few sentences on each.
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Question 10. By what means can the consumers express their solidarity?
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Question 11. Critically examine the progress of consumer movement in India.
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Question 12. Match the following.
| (i) Availing details of ingredients of a product | (a) Right to safety |
| (ii) Agmark | (b) Dealing with consumer cases |
| (iii) Accident due to faulty engine in a scooter | (c) Certification of edible oil and cereals |
| (iv) District Consumer Commission | (d) Agency that develop standards for goods and services |
| (v) Food fortification | (e) Right to information |
| (vi) Consumers International | (f) Global level institution of consumer welfare organisations |
| (vii) Bureau of Indian Standards | (g) Addition of key nutrients to staple foods |
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Question 13. Say True or False.
(i) COPRA applies only to goods.
(ii) India is one of the many countries in the world which has exclusive authorities established for consumer disputes redressal.
(iii) When a consumer feels that he has been exploited, he must file a case in the District Consumer Commission.
(iv) It is worthwhile to move to consumer commissions only if the damages incurred are of high value.
(v) Hallmark is the certification maintained for standardisation of jewellry.
(vi) The consumer redressal process is very simple and quick.
(vii) A consumer has the right to get compensation depending on the degree of the damage.
Answer: