Unit XII

CONSUMER PROTECTION

Short Answer Type Questions.

1.Why is consumer protection required in India?

Because of the following reasons consumer protection is essential in India

a) Business is a means of human welfare.

b) Growth of social justice

c) Single Vs multiple objectives

d) Stakeholder approach

e) Power centre

f) Self-interest

g) Customer is the purpose of the business

h) Ethical obligations

i) Public support

2. Who is a consumer according to the Consumer Protection Act?

Under the consumer protection Act, 1986, the term consumer is defined as

A consumer means any person who buys any product or hires or avails of any service for a consideration. It also includes any user of such goods or beneficiary of such services provided use is made with the approval of the buyer. But it does not include a person who obtains such goods for resale or for any commercial purpose. Commercial purpose does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood by means of self-employment.

3. Under what circumstances can public interest litigation be filed?

Public interest litigation involves efforts to provide legal representation to the un represented groups like the poor, environmentalists, minorities, consumers and others. Any individual or organization can approach the court for remedial action for effective implementation of laws, environmental protection or any other social evils like bonded labour.

According to the Anglo-Saxon concept, only the aggrieved party approach the court for compensation. But under PIL concept any person can move to the court in the interest of a weaker individual or a group, who or which may not be in a position to seek legal remedy on his own/ their own.

4.State the responsibilities of a consumer?

The following are the responsibilities of a consumer:

i) Consumer must exercise his rights.

ii) Cautious consumer: That is before purchasing he must insist on getting full

information on the quality, quantity, utility, price etc.

iii) Filing complaint for the redressal of genuine grievances.

iv) Consumer must be quality conscious.

v) Advertisements always exaggerates ie, beware of misleading advertisements.

vi) Insist on cash memo.

LONG ANSWER TYPE

1.Explain the rights of a consumer?

The following are the important rights of a consumer,

1. Right to safety

2. Right to be informed

3. Right to choose

4. Right to be heard

5. Right to seek redressal.

6. Right to consumer education.

Right to Safety:

This is the right to be protected against the marketing of goods, which are hazardous to health or life. Certain goods like electrical goods and pressure cookers can cause injury, if there is any, marketing defect. There is also a risk to life. Consumers have the right to be protected against any such danger.

Right to be informed:

Consumers have a right to be given the facts they needed to make an informed choice. There fore the manufacturer should give all information regarding the quality, price, date of manufacture, precaution for use etc either on the package or separately on a piece of paper.

Right to choose:

This is the right to be assured, wherever possible, of access to a variety of products and services at competitive prices. The manufactures should give the consumer the chance to choose from alternative products. A consumer should not be forced to buy a particular product.

Right to be heard:

This is the right to be assured that consumer interest will receive full and sympathetic consideration in the formulation of government policies. Every consumer has to be assured that complaints or grievances regarding a product or service will be considered.

Right to seek redressal:

This is the right to get relief against unfair trade practices and unscrupulous exploitation. When consumers are cheated or exploited, they have a right to get their claims against the manufacturer. A number of consumer courts and agencies have been set up specifically for this purpose.

Consumer education:

The right to consumer education means the right to acquire knowledge and skills to be an informed consumer.

2.How do Lok Adalats and Publicity measures help in protecting the consumer?

Lok Adalat is a new concept in India, where the aggrieved party can directly approach the court with their grievances. Issues are discussed on the spot and decisions are taken thereafter. Article 39A of the Constitution guarantees justice to all citizens not withstanding their economic or other disabilities. So in a country like India, where most of the masses are economically and socially backward, the contribution of Lok- Adalats cannot be ignored.

Publicity measures also play a vital role in protecting the rights of the consumers.15th March is celebrated as the World Consumer Rights Day all over the world. In addition the ministry, with the help of DAVP undertook a massive outdoor publicity programme such as display hoarding, banners, bus panels etc.

There is regular telecasting of a fortnightly programme on consumer protection by Doordarshan. The Ministry is broadcasting a weekly programme APANE ADHIKAR from 20 broadcasting stations of AIR. The Ministry is also bringing out a quarterly journal called 1986 Upabhokta jagaran. Brochures on salient features of Consumer Protection Act, 1986, Rights of consumers and the Consumer Protection Act and you, and the booklets entitled ‘Prevent Adulteration’, Consumer Protection and Weights and Measures, Directory of Addresses of Redressal Agencies are the other printed material brought out by the ministry.

3.What are the remedies available to a consumer under the Consumer Protection Act?

The following are the remedies available to a customer under the Consumer

Protection Act:

(1) Replacement of defective goods.

(2) Repair of defect , without extra cost.

(3) Repayment of price, and

(4) Compensation for loss/ damage caused by use of goods.

4.Discuss the role of consumer organizations working in this area?

There are about 500 consumer organizations working in the field of consumer protection. They are taking up various aspects of consumer exploitation. Some of them have achieved prominence in India such as,

Consumer guidance Society of India, Mumbai.

Citizens Action Group Mumbai.

Consumer Education and Research Centre, Ahammedabad.

Common Cause, New Delhi,

Consumer Utility and Trust Society, Jaipur.

VOICE, New Delhi.

These consumer associations are performing a number of consumer affairs :

1.Bringing out brouchers, journals, monographs

2. Accelerating consumer awareness.

3. Collecting data on different products and testing them.

4.Arranging talks, seminars and workshops, conferences for the purpose of focusing on the problems of consumers and finding solutions there of.

5.Encouraging consumers for boycotting goods which are defective and bad in

quality.

6.Filing suits, complains and writ petitions on behalf of the consumers before the

court.

7.Investigating into the problems of consumers.

8.Organising protest against price rigging, adulteration, under weight selling.

9.Educating the consumers to help themselves.

10.Organising exhibitions concerning adultered and spurious products.

11.Promoting network of consumer associations region wise and state wise and at

the apex level.

12.Running voluntary complaint counters for consumer guidance and counselling.

5. What are the salient features of the Consumer Protection Act 1986.

The following are the salient features of the Consumer Protection Act 1986.

1.It applies to all goods and services unless specifically exempted by the Union Govt.

2. It covers all the sectors whether private, public or co-operative.

3. The provisions of the act are compulsory in nature.

4.Enshrines the consumers rights related to safety, information, choice , representation, redressal and consumer education.

5. It empower consumer seeking discontinuance of certain unfair and restrictive trade

Practices, defects or deficiencies in services and stopping in services or withdrawal of hazardous goods from the market.

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