Consumer Rights

Rules and regulations are required for the protection of the consumers in the marketplace. They prevent unfair practices like deceptive advertising, price gouging, and false claims. Regulations set quality benchmarks, ensuring that products meet certain standards. For example: Food Safety Regulations are meant to protect consumers from contaminated or misleading products, ensuring that the food they purchase is safe. Without such regulations, consumers might face health risks from unsafe food products or deceptive marketing practices.

In India, the consumer movement as a ‘social force’ originated with the necessity of protecting and promoting the interests of consumers 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 1960s. Till the 1970s, 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. A major step taken in 1986 by the Indian government was the enactment of the Consumer Protection Act 1986, popularly known as COPRA. Under COPRA, a three-tier quasi-judicial machinery at the district, state and national levels was set up for redressal of consumer disputes. The consumer movement in India has led to the formation of various organisations, locally known as consumer forums or consumer protection councils. They guide consumers on how to file cases in the Consumer Disputes Redressal Commissions.

Consumer consciousness refers to being aware of our rights and responsibilities as a consumer when purchasing goods or services. It involves making informed choices of goods and services. Following are two examples illustrating the need for consumer consciousness:

1. Buying products that are safe for environment — Many products we use daily have significant environmental consequences, from production to disposal. For instance, single-use plastic bottles contribute to plastic pollution in oceans and landfills, harming wildlife and ecosystems. Consumer consciousness can drive individuals to choose reusable alternatives like stainless steel water bottles or support companies that prioritize eco-friendly packaging and sustainable practices.
2. Preferring brands that use sustainable methods of production — Consumer consciousness can empower individuals to seek out brands that are transparent about their supply chains and prioritize fair labour practices. By supporting companies that uphold ethical standards, consumers can encourage better working conditions and contribute to improving the lives of workers globally.

Factors which cause exploitation of consumers are:

1. Lack of Information — When consumers are unaware of their rights, product information, or alternatives available in the market, they may make decisions that are not in their best interest.
2. Advertising and Marketing Tactics — Misleading advertising, exaggerated claims, and manipulative marketing tactics can lead consumers to make purchasing decisions based on false or incomplete information.
3. Unfair Contract Terms — Contracts and agreements often contain terms that are biased towards the business rather than the consumer.
4. Sale of adulterated goods — Sale of sub-standard or goods that do not conform to the prescribed quality standards is done to cheat the consumers.

The Consumer Protection Bill, 1986 seeks to provide for better protection of the interests of consumers and for the purpose, to make provision for the establishment of Consumer councils and other authorities for the settlement of consumer disputes. The rationale behind the enactment of the Consumer Protection Act, 1986:

• Shielding consumers from unethical practices like unfair trade practices, defective and adulterated goods, poor services.
• Giving recognition to consumer rights like right to be informed, right to choose, right to seek redressal and represent.

As a consumer visiting a shopping complex in my locality, some important duties I will fulfill are:

1. Research and Compare — Before making purchases, I should research products to understand their features, quality, and prices.
2. Check for Discounts and Promotions — Being aware of ongoing discounts, sales, or promotions can help me save money.
3. Inspect Products — Before making a purchase, I should thoroughly inspect products for any defects, damages, or discrepancies from what was advertised. This includes checking expiry dates for perishable goods and ensuring the items meet my expectations in terms of quality. I should also check for ISI or AGMARK.
4. Understand Return and Exchange Policies — Familiarizing myself with the shopping complex's return and exchange policies ensures I know my rights if I need to return or exchange a product due to issues like defects or unsuitability.
5. Be Environmentally Conscious — Choosing products with minimal packaging or opting for eco-friendly alternatives when available helps reduce environmental impact. Proper disposal of waste and recycling where possible also contribute to sustainability efforts.

For a biscuit packet I need to check for ISI and for a bottle of honey I need to check for Agmark.

Agmark is a certification mark employed on agricultural products in India, ensuring that they conform to specified standards of quality. Consumers rely on Agmark to ensure they are purchasing agricultural products that meet established quality benchmarks, such as purity, safety, and grade standards. The ISI mark certifies that a product conforms to the Indian Standards specified by the Bureau of Indian Standards (BIS). It assures consumers that the product has undergone rigorous testing and meets safety, quality, and reliability standards specified by BIS.

The enactment of the Consumer Protection Act 1986, popularly known as COPRA was the major legal step taken by the Government of India in 1986 to empower consumers in India. Under COPRA, a three-tier quasi-judicial machinery at the district, state and national levels was set up for redressal of consumer disputes. The Act has enabled us as consumers to have the right to represent in the Consumer Disputes Redressal Commissions. The COPRA was amended in the year 2019 to further strengthen consumers in India. Buying through internet is now included.

1. Right to Safety — Consumers have the right to be protected against goods and services that are hazardous to health or life. This includes products that are poorly manufactured, misleadingly labeled, or pose a risk beyond what is reasonable.
2. Right to Information — Consumers have the right to accurate and clear information about products and services, including their price, ingredients, usage, and safety precautions. This ensures that consumers can make informed decisions before making a purchase.
3. Right to Choose — Consumers have the right to freely choose from a range of products and services offered at competitive prices with assurance of quality. This prevents monopolistic practices and promotes fair competition in the market.
4. Right to Redressal — Consumers have the right to seek redressal against unfair trade practices or exploitation. This includes the right to compensation, replacement, or refund for defective goods or deficient services.
5. Right to Consumer Education — Consumers have the right to acquire knowledge and skills necessary to make informed choices in the marketplace. This includes access to information about their rights, responsibilities, and avenues for redressal.
6. Right to Representation — Consumers have the right to be represented in forums and decision-making processes that affect their interests. This includes participation in consumer advocacy groups and government consultations on consumer-related policies.

Consumers can express their solidarity and advocate for their rights through various means :

1. Consumer Organizations and Associations — Joining or supporting consumer organizations and associations that work to protect consumer rights and interests. These groups often advocate for policy changes, conduct awareness campaigns, and provide resources for consumers.
2. Boycotts — Participating in boycotts of products or companies that engage in unethical practices or support causes contrary to consumer values.
3. Petitions and Letter Campaigns — Signing petitions and participating in letter-writing campaigns addressed to businesses, regulatory authorities, or government officials to demand changes in policies or practices that affect consumers negatively.
4. Social Media Activism — Using social media platforms to raise awareness about consumer rights violations, share experiences, and mobilize support for causes related to consumer protection. Viral campaigns and sharing information online can amplify consumer voices.
5. Consumer Education and Awareness — Educating oneself and others about consumer rights, responsibilities, and available avenues for redressal. This includes sharing knowledge through workshops, seminars, and community outreach programs.

The consumer movement in India has made significant strides since its inception, but it also faces several challenges and limitations that affect its overall progress. There has been a notable increase in consumer awareness regarding their rights and responsibilities. Various consumer organizations, NGOs, and government initiatives have played a crucial role in educating consumers through workshops, campaigns, and awareness programs. The enactment of the Consumer Protection Act (1986) was a milestone in strengthening consumer rights in India. Despite the existence of laws and consumer protection mechanisms, implementation and enforcement faced significant challenges. Rural and economically vulnerable consumers often lack awareness of their rights and face challenges in accessing consumer courts. Issues such as unfair trade practices, adulteration, and deceptive advertising disproportionately affect these groups.

(i) False
Reason — COPRA applies to goods as well as services.

(ii) True
Reason — Consumer Court is the special purpose court in India, that deals with cases regarding consumer disputes and grievances.

(iii) False Reason — He can file a case in the District Consumer Commission only if the involved claim is less than 1 crore. He can approach the state-level Consumer Disputes Redressal Commissions called State Commission if the claim is between Rs 1 crore and Rs 10 crore and the national-level commission — National Commission for claims exceeding Rs 10 crore. If a case is dismissed in district-level commission, a consumer can also appeal in the state and then in national-level commissions.

(iv) False
Reason — Consumer court can be approached for small value claims as well.

(v) True
Reason — Hallmark certification help consumers get assured of quality/purity while purchasing gold jewellery.

(vi) False
Reason — The consumer redressal process is becoming cumbersome, expensive and time consuming. Many a time, consumers are required to engage lawyers.

(vii) True
Reason — If any damage is done to a consumer, she has the right to get compensation depending on the degree of damage.

Exploitation in the marketplace happens in various ways:

1. When shopkeepers weigh less than what they should.
2. When traders add charges that were not mentioned before.
3. When adulterated/defective goods are sold.

One common form of cheating in the market is the adulteration of food products. This involves adding inferior or harmful substances to food items to increase quantity and reduce production costs. For instance, mixing water in milk, adding artificial colouring to spices, or using non-edible oils in place of pure ghee. This not only deceives consumers but also poses serious health risks.

Taking Adulteration in Milk as an example and discussing further:

Some of the common methods of adulteration in milk are:

1. Dilution with Water — This is the most common form of adulteration. It increases the volume but reduces the nutritional value.
2. Addition of Synthetic Milk — Some dishonest vendors mix synthetic milk, which contains harmful chemicals, with real milk.
3. Use of Detergents — Detergents are sometimes added to milk to create froth and give it a thicker appearance.
4. Starch and Other Substances — To maintain the consistency and density of diluted milk, substances like starch, glucose, and urea are added.

Impact of Adulteration in Milk on consumers:

1. Health Risks — Consuming adulterated milk can lead to serious health issues such as food poisoning, stomach disorders, and long-term illnesses due to toxic chemicals.
2. Economic Loss — Consumers pay the price for pure milk but receive an adulterated product, leading to financial loss and distrust in the market.

This example highlights how consumer trust can be breached through cheating in the market and impact their health and finances.

Governments can play a crucial role in safeguarding consumers from unfair practices by taking following steps:

1. Governments establish rules and guidelines that businesses must follow. These cover everything from product safety to advertising practices.
2. Government agencies should help resolve disputes between consumers and businesses.
3. Governments should educate consumers about their rights.
4. Governments can monitor markets for illegal or unfair practices and take enforcement actions against businesses that violate consumer protection laws.

Following are some steps consumer groups could take to address issues of cheating or unfair practices in the market:

1. Consumer groups can conduct research to identify instances of cheating or unfair practices in the market.
2. Consumer groups can educate the public about deceptive practices and their consequences through campaigns, workshops, and media outreach. This helps consumers recognize when they are being misled and encourages them to report such practices.
3. Consumer groups can engage with businesses directly to raise concerns about unethical practices and encourage them to adopt fairer policies.
4. Consumer groups can lobby governments and regulatory bodies to strengthen consumer protection laws and regulations.

Sometimes, regulations exist on paper but lack effective enforcement mechanisms. Some of the reasons why rules and regulations are often not followed can be:

1. Lack of Enforcement — Regulatory bodies may not have adequate resources, authority, or capacity to monitor compliance and take enforcement actions against violators. Regulations can be complex and subject to loopholes that businesses exploit.
2. Corruption — Corruption within regulatory agencies or collusion between regulators and businesses can undermine enforcement efforts.
3. Lack of Awareness — A significant portion of the population may be unaware of the rules and regulations. This lack of awareness makes it easier for businesses to get away without following rules and regulations.
4. Slow Legal Processes — Legal recourse for consumer grievances is often slow and cumbersome. This encourages businesses to not follow rules and regulations.
5. Low Penalties — Penalties for violations are often not severe enough to act as a deterrent. Businesses may find it cheaper to pay fines than to comply with regulations.

(a) LPG cylinder — It should meet national and international standards for safety and durability. Regular inspections and testing of cylinders should be conducted to detect any defects or wear that could compromise safety. Proper training should be provided to personnel involved in handling, transporting, and filling LPG cylinders to ensure they follow safety protocols.

(b) Cinema theatre — Ensure compliance with building codes and fire safety regulations, including proper exits, emergency lighting, and fire extinguishing systems. There should be regular inspection and maintenance facilities.

(c) Circus — Ensure all circus equipment, such as tents, rigging, and props, meet safety standards and are inspected regularly. Provide secure seating arrangements and barriers to prevent audience members from entering restricted areas.

(d) Medicines — Properly label medicines with accurate information regarding dosage, usage instructions, expiry date and potential side effects. Ensure medicines meet regulatory standards for safety, efficacy, and quality.

(e) Edible oil — Adhere to national and international standards for edible oils, ensuring they are safe for consumption. Package oils in food-grade containers and ensure accurate labeling with information such as ingredients, nutritional content, and storage instructions.

(f) Marriage pandal — Ensure the pandal structure is stable and erected according to safety standards, considering factors such as wind load and occupancy. Implement fire safety measures, including proper exits, fire extinguishers, and emergency lighting.

(g) A high-rise building — Install fire suppression systems, smoke detectors, fire alarms, and emergency exits. Quality construction materials should be used. Building plan should be approved by concerned authorities.

There are incidents related to toy industries which show the negligence of producers. The toys are often made up of small parts which can break off and choke kids. Small parts or detachable components that can fit into a child’s mouth are a common choking risk. Poorly assembled toys may break easily, releasing small pieces that can be ingested. Toys with sharp edges, rough surfaces, or exposed metal parts can cause cuts or injuries. Manufacturers should ensure that toys are smooth and safe for handling. Also, the quality of material used for toys is often toxic. Some toys may contain harmful substances such as lead or other toxic chemicals. These can be ingested or absorbed through the skin, potentially causing long-term health issues. The producers of such toys can be held responsible for such incidents.

The discrepancies between the Maximum Retail Price (MRP) printed on the pack and the actual price charged can occur due to several reasons:

1. Retailers may adjust prices based on market conditions, competition, or demand-supply dynamics, which can lead to pricing differences. For example, shopkeepers often charge more for chips and cold drinks at tourist spots in hilly areas as transportation is difficult at such places.
2. Retailers often offer discounts or promotional offers that lower the price below the MRP.
3. Variations in transportation costs or logistical challenges can affect pricing at different locations.

Consumer groups can educate consumers about their rights regarding MRP and ensure they are not overcharged unjustly. Consumer groups can advocate for strict enforcement of laws related to MRP. They can provide a platform for consumers to report cases of overcharging and assist in resolving such disputes.

Packaged goods typically provide various types of information on their packaging, which serves several useful purposes for consumers:

1. Product Identification — Packaging includes the name and brand of the product, making it easy for consumers to identify and choose the product they want.
2. Ingredients and Nutritional Information — This is crucial for consumers who have allergies or dietary restrictions. It helps them make informed choices about what they are consuming.
3. Instructions for Use — Products often include instructions on how to use them safely and effectively, ensuring optimal results and minimizing misuse.
4. Expiry Date/Best Before Date — This information informs consumers about the shelf life of the product and ensures they use it before it expires.
5. Net Quantity — Packaging indicates the quantity or volume of the product, allowing consumers to compare prices and understand how much they are purchasing.
6. Manufacturer's Details — This includes the name and address of the manufacturer or importer, which is important for consumer recourse in case of issues with the product.
7. Price (MRP) — The Maximum Retail Price is typically printed on the packaging, giving consumers transparency about the cost of the product.

Information about health benefit and risks should be added. More detailed information on the health benefits (if any) or potential risks associated with long-term use of certain products could empower consumers to make more informed decisions about their health. Also, enhancing transparency in areas like environmental impact, ingredient origins, safety testing, and additional usage tips could further empower consumers to make informed choices that align with their values and preferences.

The Right to Information (RTI) Act indeed empowers citizens by granting them the right to seek information from public authorities. This tool can be particularly effective in addressing complaints and concerns regarding civic amenities such as bad roads, poor water facilities, and inadequate health services. The RTI Act ensures transparency in governance by allowing citizens to access information related to public services and projects. When citizens face issues like bad roads or inadequate health facilities, they can use RTI to obtain details about government budgets allocated for these services, timelines for projects, and actions taken by authorities to address these issues. RTI enables citizens to gather factual information and evidence to support their complaints and advocacy efforts. Therefore, RTI empowers individuals and communities by providing them with a formal mechanism to question authorities and hold them accountable. It shifts the power dynamic by ensuring that citizens have access to information that was previously inaccessible or hidden.

The offers that directly increase the quantity of the product purchased without increasing the price (such as getting more product for the same cost, or receiving an additional product for free) are typically the ones that benefit consumers the most. These offers provide immediate value and are straightforward in their benefit delivery. Offers based on chance (like scratch and win or winning a gold coin) can be exciting but don't guarantee benefit to all consumers. They rely on luck and may not provide tangible value to most participants.

(g) She purchases a wall clock from a retail outlet.

(c) She realises that the dealer has given her defective material.

(e) She goes and complains to the dealer and the Branch office, to no effect.

(b) She engages a professional person.

(a) Arita files a case in the District Consumer Disputes Redressal Commission.

(f) She is asked to produce the bill and warranty before the commission.

(d) She starts attending the commission proceedings.

(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.

(a) Lata got an electric shock from a newly purchased iron. She complained to the shopkeeper immediately. (v) Right to safety

(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. (iii) Right to redressal

(c) Your friend has been sold a medicine that has crossed the expiry date and you are advising her to lodge a complaint. (vi) Right to consumer education

(d) Iqbal makes it a point to scan through all the particulars given on the pack of any item that he buys. (ii) Right to information

(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. (i) Right to choice

(f) You realise that you have received a defective camera from a dealer. You are complaining to the head office persistently. (iv) Right to representation

Many goods are available in the market without ISI or Agmark certification because it is not compulsory for all the producers to follow these standards.

Hallmark certifies gold products and is provided by Gold Council of India. ISO certification is given by the International Standardization Organization.