Topic:- consumer

rights
What are Consumer rights?
Consumer Rights are referred to a set of laws that represent the right to be
informed about the quantity, quality, purity, potency, price of goods and their
standards so that the consumer is protected against all sorts of unfair trade
practices. The Consumer Bill of Rights upholds the right to safety of every
citizen.
What is the background of consumer rights?
The consumer Protection Act (CPA),2019 came into effect in
August 2019. It replaces the CPA, 1986.

Objective
"An act to provide for protection of the interests of the
consumer and for the said purpose, to establish
authorities for timely and effective administration and
settlement of consumers' disputes and for matters
connected therewith or incidental thereto."

Definition of consumer

A person who buys any goods or avails a service for a fee.

A person is not a consumer if she/he:

1.Purchases any goods or avails any service free of charge .
2.Purchases a good or hires a service for a commercial purpose.

3.Avails any service under a contract of service.

Definition of Goods

Refers to every kind of movable property other than actionable

claims and money.

It includes stocks and shares, growing crops, grass, and things

attached to or forming part of land.

Defects in goods may be in Any faults, imperfection or short coming

in the quality, quantity, potency, purity or standard of goods.

Examples include dents, leaks and tears.

Definition of Services
Services means something you pay for, but does not fall under the goods
category.

Examples like Banking, transport, electricity support and

entertainment.

But does not include free services.

Deficiency in Services
Which is any fault, imperfection shortcoming or inadequacy in the
quality, nature and manner of performance of a service.

Unfair trade practices

A trade practice, which adopts an fair or deceptive
method or practice in order to sell a good or service,
is an unfair practice is an unfair trade practice
Some these are:-
1. when goods and services are not of the required
standard .
2.When second -hand goods are sold as new.
3.When goods and services do not have the claimed use
or benefit,
Example like:-
4.When products/services do not have the claimed
warranty/guarantee such as when products are not
repaired despite being within the warranty period.
5.When the price of a product or service is misleading.
6.False and misleading advertisements for selling at a
bargain price.
7.Offering gifts or prizes to lure customers with no
intention of providing them.
8.Selling goods which do not fall within the safety
standards set up by the competent authority.
9.Hoarding or destroying goods with the intention of
raising the cost of these or similar goods
manufactured in greater number so as to manipulate
higher prices.
10.Manufacturing or offering spurious goods or
adopting deceptive practices in the provision of
services.
Examples:-
All this means that warnings such as" goods once sold
will not be taken back" ,"No exchange", "No refund
under any circumstances" by this all we can
understand this leads to unfair trade practice and do
not carry any legal weight but then nice to see it boot
the hold is broken we considered it sold is fair
enough right because as consumers we also need to
have some responsibility but since we have therefore
rights over responsibilities.

Rights guaranteed under the

CPA,2019
Right to be protected aganist the marketing of goods,
products or services which can be hazardous to life
and property.
Right to be informed about the quality, quantity,
potency, purity, standard and price of goods,
products and services.
Right to be assured of access to goods, products and
services at competitive prices.
Right to be heard at appropriate forum.
Right to seek redressal against unfair trade practices
that are involved in the exploitation of customers.
Right to consumer awareness.

The following rights also come under the

Consumer Protection Act:
-Right to safety:-According to this right the
consumer have the right to be protected against the
marketing of gods and services which are hazardous to
life and property.
This right to safety protects the consumer from sale of
such hazardous goods or services.
-Right to information:-According to this right the
consumer has the right to get information about the
quality, quantity, purity, standard and price of goods or
service so as to protect himself against the abusive and
unfair practices.
The producer must supply all the relevant information
at a suitable place.

-Right to choose:-According to this right every

consumer has the right to choose their desired goods
and services.
The producer or supplier or retailer should not force
the consumer to buy a particular brand only.

-Right to be heard:-According to this right the

consumer has the right to represent him(or) right to
advocate his interest.
In other words, consumers have a right to complain
when there are problems or concerns.

-Right to seek redressal:-According to this

right the consumer has the right to get compensation or
seek redressal against unfair trade practices or any
other other exploitation.
The right to redressal includes compensation in the
form of money or replacement of goods as per the
satisfaction of consumer.

-Right to consumer education:-According to

this right it is right of consumer to acquire the
knowledge and skills to be informed to consumers.
The government of India has included consumer
education in the school curriculum and in various
university courses. Government is also making use of
media to make the consumers aware of their rights.

Responsibilities of a Consumer

The consumer has a certain responsibility to carry as

an aware consumer can bring changes in the society
and would help other consumers to fight the unfair
practice or be aware of it.
They should be aware of their rights under the
Consumer Protection Act and should practice the
same in case of need.
 They should be well aware of the product they are
buying. Should act as a cautious consumer while
purchasing the product.
If in case a product is found of anything false or
not satisfactory a complaint should be filed.
The consumer should ask for a Cash Memo while
making a purchase.
A customer should check for the standard marks
that have been introduced for the authenticity of
the quality of the product like ISI or Hallmark etc.
What Is the Meaning of Consumer Awareness?
Consumer Awareness is the process of making the
consumer of goods and services aware of his rights. It
involves educating a consumer about safety,
information and the redressal options available to
him.
As previously discussed consumer awareness is one of
the most persistent problems the government faces
when it comes to consumer protection. To resolve this
problem the government has come up with various
methods over the years. In fact, it is the main aim of
the Department of Consumer Affairs.
Consumer Awareness in India
One of the most important and successful Consumer
Awareness campaign in recent times has been the
“Jago Grahak Jago” campaign. You must have certainly
come across it. It is a great example of successful
consumer awareness.
Learn more about Consumer Protection Act, 1986
(COPRA) here.
The Consumer Protection Act, 1986 (COPRA) was an
Act by the Parliament of India elected to protect the
interests of consumers in India. It safeguards and
encourages consumers to speak against insufficiency
and flaws in goods and services. The Consumer
Protection Bill, 2019 has defined six consumer rights:
(i) being protected against marketing of goods and
services which are hazardous to life and property;
(ii) be informed of the quality, quantity, potency,
purity, standard and price of goods or services;
(iii) being assured of access to a variety of goods or
services at competitive prices;
 (iv) seeking redressal against unfair or restrictive
trade practices.

What are consumer duties?

While all consumers have rights, they also have
duties or responsibilities
1. Safety - To be safe is the main duty of the
consumers various labels and precautions are
provided to consumers when they purchase an item.
They should read the information and adhere to it.
2.Making the best choice-Consumer must take time to
compare product features and prices before making a
decision to purchase it. Generally, there is more than
one choice per product in the marketplace, and it's
consumers duty to determine which one will work best
for their purposes.
3. Expression-Consumer should speak up complaints
or praises to the appropriate sources, such as the
Better Business Bureau or the manufacturer.
4. Obtain compensation- If the product fails or does
not meet the expectations, compensation should be
sought. Some manufacturers issue warranties with
their products, while others give a refund if you
products are not satisfactory.
5. Education- Consumer should educate themselves
through research to find the best product fit for
their situation. Organizations such as Consumer
Reports offer helpful non-biased, research-based
advice about products.
6. Act of responsibility- Consumer must use the
products purchased in a way that doesn't negatively
impact the environment or other consumers.
Consumers should follow the product instruction and
safety labels, to avoid harming others with the use of
the item.

When a complaint can be made.

A complaint may be made in writing under the
following circumstances:-
Loss or damage is caused to the consumer due to
unfair trade practice of a trader or service provider.
The article purchased by a consumer is defective.
The services availed of by a consumer have some
deficiency.
A trader or service provider has overcharged for
some goods or service.
Hazardous goods or services are being offered for
sale to the public.

Who can file a Complaint?

Complaints can be filed by consumer, voluntary
consumer, Central government or any State
Government, One or more consumers, where there are
numerous consumers having the same interest or in
case of death of a consumer, his/her legal heir or
representative can file a case.
The act makes the provision for the setting up of the
central consumer protection authority to promote
project and enforce the rights of consumers .
The CCPA will regulate matters related to violation of
consumer rights, unfair trade practices, and
misleading advertisements.
How to file of a Complaint:
Filing a consumer complaint with the Office of the
Attorney General is easy. But you should understand
the process first. Here's what you need to know.

Preparing Your Complaint

Before you file your complaint with us, take a moment
to make sure you have all of your important
information. Please note: The system cannot save your
complaint in progress, so you will need to complete
the form in one sitting.

The more details you can provide, the more

effectively we can review your complaint.
Important information includes:
The name of the business or individual you're filing
a complaint against
The business/individual's full address, including zip
code
A detailed description of your complaint
Explanation of how you came into contact with the
business/individual
 Transaction dates and amounts
Contract information (when appropriate) with
payment details
How you may have attempted to resolve the dispute,
including the names of people you spoke with

Note: You can also attach supporting documents when

filling out the online complaint form.

Your Complaint Is Public

Complaints filed with the Consumer Protection
Division are potentially an open record. This means
any member of the public may file an open records
request and view your complaint.

What We Can Do
Receive consumer complaints and review them to
identify illegal activity
File civil lawsuits acting in the public interest
Educate Texans on the latest scams—and how to
avoid them

What We Cannot Do
 Serve as your lawyer
File lawsuits on your behalf or on behalf of
individual consumers
Bring criminal charges for deceptive practices
Provide legal counsel or interpretations of the law
to individuals
Routinely resolve individual complaints

Once You File Your Complaint

Upon filing your complaint, the Consumer Protection
Division will review it. We use these complaints to
monitor trends and take action when appropriate and
in the public interest. Please note: Filing a complaint
does not mean that our office represents you in
any legal proceeding.
You will receive a confirmation email once your
complaint is successfully submitted. However, this
does not mean that a case or investigation is open with
the Consumer Protection Division.

File a Complaint by Mail

If you don't want to file online, you can download,
print, and mail in your complaint form.
Where we can file a complaint:-

What is the procedure to file a complaint in

the Consumer Court?
STEP 1: Intimation via Notice:
A notice to be sent by the aggrieved party to the
service provider who provided the goods or the
services. The notice communicates the intention of the
complainer to resort to litigation and informs him
about the defects in the goods or the deficiency in the
service or any unfair practice. The notice is also an
attempt to settle the complaint without approaching
the Forum i.e. if the service provider is willing to
offer compensation or any other remedy.
STEP 2: Get the Consumer Complaint Drafted:
If the service provider is not willing to offer
compensation or any other remedy, the next step is to
file a formal complaint under the Consumer
Protection Act, 1986. The filing of the Complaint does
not necessarily require a lawyer. The complaint can
be filed by the aggrieved person. The following
details must be specified in the complaint:
1. Name, description and the address of the
complainant(s)
and the Opposite Party or parties.
2. Cause of Action, the approximate date, time and
venue.
3. Relevant facts relating to the cause of action.
4. The Relief or Remedy claimed by the complainant in
accordance with the facts of the case.
5. Signature and Verification by the complainant or
his
authorized agent.
STEP 3: Attach Relevant Documents:
Copies of material evidence and relevant documents
that support your case in Consumer Court are
important. These documents include:
o A copy of the bill, receipt of delivery, packaging of a
product, a record of online booking of the goods
bought
o Warranty/Guarantee certificates
o A copy of the written complaint and notice sent to
the manufacturer/seller
STEP 4: Appropriate Forum:
Choose the appropriate forum for filing the complaint
in accordance with the pecuniary jurisdiction which is
estimated in reference to the total value of goods and
services bought or availed and the amount of
compensation sought.
STEP 5: Pay Requisite Court Fees:
A prescribed fee is required to be paid along with the
complaint filed depending on the forum. The court fee
depends upon the value of goods bought and the
amount of compensation sought.
STEP 6: Submit an Affidavit:
The person who wants to file a case in the Consumer
Court is also required to submit an affidavit in the
court. The affidavit must state that the facts
presented and statements made by the consumer are
true to their knowledge.

CCPA carry out the following functions:-

-Inquiring into violations of consumer rights,
investigating and launching prosecution at the
appropriate form.
-Passing orders to recall goods or withdraw services
that are hazardous, reimbursement of the prices paid,
and discontinuation of the unfair trade practices, as
defined in the act.
-Issuing directions to the concerned
trader/manufacturer/endorser/advertiser/publisher
to either dis continue a false or misleading
advertiser, or modify it
-Imposing penalties.
-Issuing safety notices to consumers against unsafe
goods and services.

Product Liability
It means the liability of a product manufacturer,
service provider or seller to compensate a consumer
for any harm or injury caused by a defective good or
deficient service.
To claim compensation a consumer has to prove any
one of the conditions for defect or deficiency, as
given in the act.

E-commerce to be covered too

The CPA, 1986 did not have any provision to deal with
online e-commerce transactions.
As per new act, laws that apply to direct selling also
applicable to e-commerce.
Key guidelines: e-commerce platforms(Amazon,
Flipkart, etc.) required to disclose details of sellers.
Product liability to also include sellers and service
providers ,i.e.., the e-commerce aggregators.

Guidelines regarding Misleading

Advertising and Endorsers
The act lays down guidelines for any misleading
advertisements for a product or service which affects
the consumer.
It could lead to a prison term of 2 years and fine up
RS 10 lakh.
Subsequent offence could lead to an imprisonment of
up to 5 years and a fine extending to RS 50 lakh.
The new Act has provisions which allow the CCPA to fix
the liability even on the endorser of any misleading
advertisement.
It can also prohibit an endorser from making
endorsement for any product or service for a period
of 1 year if found necessary.
Subsequent violations could result in prohibition
from endorsing any product or service for a period of
3 years.
This is expected to make brand ambassadors exercise
due diligence on the veracity of the claims being made
about a product or a service before choosing brands
to endorse.

Advertisements be like:-

Consumer Protection Acts:

1986 vs 2019
 There are so many cases between
consumer and the Company:-
Poonam Verma vs Ashwin Patel & ors

nizam institute of medical sciences vs Prasanth s.

dhananka & ors.
Karnataka power transmission corporation vs Ashok
iron works private limited

Indian Medical association vs v.p shantha and others

Conclusion on Consumer Rights
In 1986, the government was established. The user is granted six
fundamental rights by it.

The primary goal is to ensure that consumers get

good value for their money in terms of goods and
services.
Consumers have the right to be free of hazardous
goods and services that jeopardize their lives and
property.
The customer has a right to know about the
quantity, consistency, purity, strength, and quality
of goods and services.
Furthermore, consumers must pay reasonable rates
for the goods they purchase.

More to know
While buying many commodities, on the cover you
might have seen a logo with the letters ISI , Agmark,
Hallmark. These logos and certifications help
consumers get assured of quality while purchasing
the goods and services. The organizations that
monitor and issue these certificates allow produces
to use their logos provided

By Manish
From class XB