Consumer Rights Awareness - know your rights before you are scammed !

Everyday , we make choices that impact our lives from the food we eat to the products we buy . But have you ever thought about the power you hold as a customer ? Your rights , your voice and your wallet can shape the market and demand justice .

The Consumer Protection Act, 2019 in India aims to protect consumer rights, establish authorities for dispute resolution, and address unfair trade practices, including those in e-commerce and direct selling. Consumer rights are fundamental protections ensuring fair treatment and informed decision-making for consumers, encompassing the right to safety, to be informed, to choose, to be heard, to seek redressal, and to consumer education.

CONSUMER RIGHTS :

Consumer is a person who buys any goods or avails any service for a consideration which has been paid or will be paid .

As consumers , we are the driving force behind the economy , and our purchasing decisions have a significant impact on the market .

Hence , we must be aware of the rules which give us protection from unfair trade practices . The Consumer Protection Act , 2019 provides us some rights as consumers , which are :

1. RIGHT TO SAFETY -

Consumers have the right to be protected against the marketing of goods and services , which are hazardous to life and property . The purchased goods and services availed of should not only meet their immediate needs , but also fulfil long term interests . Before purchasing , consumers should insist on the quality of the products as well as on the guarantee of the products and services . They should preferably purchase quality marked products such as ISI , AGMARK , BIS etc

2. RIGHT TO BE INFORMED -

Consumers have the right to be informed about the quality , quantity , potency , purity , standard and price of goods so as to protect the consumer against unfair trade practices . Consumer should insist on getting all the information about the product or service before making a choice or a decision . This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques .

3. RIGHT TO CHOOSE -

Consumers have the right to be assured, wherever possible , of access to variety of goods and services at competitive price . Consumers can buy products or avails services that best suits them in according the price and quality . In case of monopolies , it means right to be assured of satisfactory quality and service at a fair price . It also includes right to basic goods and services . This right can be better exercised in a competitive market where a variety of goods are available at competitive prices .

4. RIGHT TO BE HEARD -

The consumer's interests will receive due consideration at appropriate forums . It also includes right to be represented in various forums formed to consider the consumer's welfare . The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers .

5. RIGHT TO SEEK REDRESSAL -

Consumers have the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers . It also includes right to fair settlement of the genuine grievances of the consumer . Consumers must make complaint for their genuine grievances . Many a times their complaint may be of small value but its impact on the society as a whole may be very large . They can also take the help of consumer organisations in seeking redressal of their grievances .

6. RIGHT TO CONSUMER EDUCATION -

Consumers have the right to acquire the knowledge and skill to be an informed consumer throughout life . Ignorance of consumers , particularly of rural consumers , is mainly responsible for their exploitation . They should know their rights and must exercise them . Only then real consumer protection can be achieved with success .

CONSUMER RESPONSIBILITIES

While all the consumers have consumer rights , they also have consumer responsiblities . Some of the responsibilities of consumers are :

  • Responsibility to be aware - A consumer has to be mindful of the safety and quality of products and services before purchasing .

  • Responsibility to think independently – Consumer should be well concerned about what they want and need and therefore make independent choices .

  • Responsibility to speak out - Buyer should be fearless to speak out their grievances and tell traders what they exactly want .

  • Responsibility to complain - It’s consumer responsibility to express and file a complaint about their dissatisfaction with goods or services in a sincere and fair manner .

  • Responsibility to be an Ethical Consumer - They should be fair and not engage themselves with any deceptive practice .

Here are some interesting case studies about how consumers reclaimed their rights :

1. Paying More Than the MRP ? You Shouldn’t :

It has become common to charge more than the maximum retail price (MRP) for packaged goods . Especially in places like theatres , food courts and railway stations , we see this happen a lot and mostly ignore it . Mr Kondaiah from Andhra Pradesh , on the other hand , didn’t ignore it when he noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was ₹20 . He filed a case against them in the District Consumer cases Disputes Redressal Forum for ‘unfair trade practice’ . He supported his claim by producing the bill . The MRP case study on consumer rights brought to light some gaps in the existing regulations .

Court Decision :

The court decided in favour of Mr Kondaiah and said that a practice is not justified just because it is widely common . Mr Kondaiah was awarded a compensation of ₹20,000 , ₹20 (the extra money charged) and ₹5,000 in costs .

Key Takeaway :

No authority has the power to charge above the MRP for any packaged goods . It doesn’t matter where it is sold , you are not required to pay a rupee above the MRP .

2. No MRP at All on the Product?

Baglekar Akash Kumar , a 19-year-old got a book and ₹12,500 because of the book . How ? He purchased the book online and when it was delivered, he noticed that there was no MRP mentioned in it . He browsed the internet and saw that the book was sold at different prices in different places . So , he went to the consumer cases forum and filed a case against Penguin Books India Pvt. Ltd and the paper company .

Court Decision :

The court held that not publishing MRP on the product without a valid reason is an ‘unfair trade practice’ . MRP exists to ensure that a consumer is not overcharged for the product . So , it is mandatory for companies to print MRP . The publishers were asked to print the retail price of the book and Akash was awarded ₹10,000 as compensation and ₹2,500 as costs .

Key Takeaway :

It is required under law for companies to put MRP on every product . If you see a product without MRP , then it is a violation of Consumer Cases Protection Laws and you can take them to court .

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How to file a complaint in consumer court in case of any grievances ? The Department of Consumer Affairs has launched “National consumer helpline” portal as an integrated Grievance Redress Mechanism (INGRAM) for bringing all Stakeholders such as Consumers , Central and State Government Agencies , Private Companies , Regulators , Ombudsmen and call centres onto a single platform . The portal will also help in creating awareness among consumers to protect their rights and inform them of their responsibilities . Consumers can register online their grievances through this portal .

CONCLUSION :

World Consumer Rights Day , observed annually on March 15th , is a global initiative to raise awareness about consumer rights and needs , encouraging respect and protection of these rights . Consumer rights are essential for ensuring fair and safe transactions between businesses and individuals . By understanding and asserting their rights , consumers can make informed decisions , promote fair competition and protect themselves from exploitation . As consumers , we have the power to demand quality , safety and fairness in the marketplace . Let us exercise this power responsibly and create a marketplace that is fair , transparent and just for all .

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Written by

AKSHAYA DHANASHEKAR
AKSHAYA DHANASHEKAR