CONSUMER RIGHTS

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Consumer in the Marketplace

• How do we participate in the market as both producers and consumers?

• As Producers:
  • We can work in different sectors – agriculture, industry, or services.
  • Agriculture involves farming and growing crops.
  • Industry includes making products in factories.
  • Services are jobs where we help others, like teaching or healthcare.
• As Consumers:
  • We participate by buying things we need, like food, clothes, and gadgets.
  • These are the things we use in our daily lives.
• Rules and Regulations for Consumer Protection:
  • Rules are like instructions to ensure fairness.
  • Regulations are official guidelines.
  • They are needed to protect consumers from scams and unfair practices.

Consumer Movements in India

• Originated to protect and promote consumers against unethical trade practices.
• Led to the implementation of the Consumer Protection Act in 1986 (COPRA).
• This act aimed to defend the interests of Indian consumers.

COPRA 1986

• Consumer Protection Act 1986 (COPRA):
  • Enacted in 1986 to provide protection to consumers.
  • Created consumer councils and bodies for dispute resolution.
  • Provided quick compensation to consumers for grievances.
  • Encouraged consumers to voice issues with goods and services.
  • Aimed at balancing the interests of both consumers and producers.

COPRA 2019

• Consumer Protection Act 2019:Enforced in 2019, replacing COPRA 1986.
  • Addresses violations of consumer rights, unfair trade practices, and false advertising.
  • Acknowledges the impact of e-commerce and online platforms.
  • Establishes Consumer Protection Councils for dispute resolution and compensation.
  • Promotes speedy resolution of disputes and consumer education.

Distinction Between COPRA 1986 and COPRA 2019

• COPRA 1986 was replaced by COPRA 2019.
• COPRA 2019 is more modern, addressing e-commerce and online issues.
• Both acts focus on consumer protection, dispute resolution, and compensation.
• COPRA 2019 places greater emphasis on consumer rights in the digital age.

Objectives of the Consumer Protection Act

• Right to Information: Consumers have the right to know important details about products, like their quality and quantity. This helps them make informed choices.
• Protection Against Unfair Practices: The act ensures protection against dishonest or unfair methods used by sellers. It aims to prevent consumers from being taken advantage of.
• Access to Fair Prices: Consumers have the right to buy goods and services at prices that are fair and similar to market rates. This prevents overcharging.
• Protection from Hazardous Products: The act safeguards consumers from dangerous or harmful goods. It ensures that products meet safety standards.
• Right to Be Heard: Consumers have a voice. They can raise their concerns in forums and councils. This means their issues can be discussed and resolved.

Consumer Protection Councils

• Formation: These are organizations formed as a result of the consumer movement in India.
• Purpose: They assist consumers in understanding how to file cases in Consumer Disputes Redressal Commissions.
• Representation: In many cases, they represent individual consumers, acting on their behalf.
• Government Support: Some of these councils receive financial support from the government to raise awareness among the public about consumer rights.
• Urban Areas: In urban areas, Residents’ Welfare Associations often play a role in addressing unfair trade practices.

Consumer Disputes Redressal Commissions

• Three Tiers: The Consumer Protection Act established a three-tier quasi-judicial system.
• District Level: The District Consumer Disputes Redressal Commission handles cases with claims up to 1 crore.
• State Level: The State Commission deals with cases between 1 crore and 10 crores.
• National Level: The National Commission takes on cases exceeding 10 crores.
• Right to Represent: This structure ensures that consumers have the right to be represented in Consumer Disputes Redressal Commissions.

Consumer Rights

• Introduction to Consumer Rights:
  • Consider a scenario where you enter a store to purchase a new phone. You anticipate that the device will function flawlessly and pose no threat to your well-being. However, what if it fails to meet your expectations? In such instances, an understanding of consumer rights becomes paramount. These rights are akin to a set of guiding principles that equip individuals with the ability to navigate the complexities of the marketplace, ensuring their interests and safety are safeguarded.

• Right to Consumer Education: Just as students acquire knowledge in educational institutions, consumers have the right to be educated about their entitlements and responsibilities in the realm of commerce. This education serves as a protective shield against potential exploitation, analogous to the preparation one undergoes to master a challenging subject.
• Right to Seek Compensation: If a purchased item, such as a beloved video game, consistently malfunctions, consumers reserve the right to seek compensation. They can demand redressal for subpar products or services, akin to expecting a solution when encountering in-game glitches.
• Right to be Heard: Much like effective communication is pivotal in any discourse, consumers have the right to voice their concerns and provide feedback on their purchases. This right ensures that their grievances are acknowledged and addressed, paralleling the significance of feedback in refining a video game.
• Right to be Informed: Consumers, like informed players, should be well-versed in the intricacies of a product before making a purchase. Access to complete information ensures transparency and accountability, akin to understanding the rules and mechanics of a game before venturing into it.
• Right to Choose: Just as gamers appreciate a selection of games to suit their preferences, consumers should have the liberty to choose from various options available. This right enables individuals to make selections tailored to their needs, much like selecting a game that aligns with one’s gaming preferences.
• Right to Safety: In the same manner that a game player expects the game to be safe for their device, consumers have the right to products and services that do not compromise their health, security, or property. This safety right mirrors the expectation of harmlessness in both the digital and consumer realms.

Consumer Responsibilities

• Introduction to Consumer Responsibilities: In the realm of consumerism, individuals are not only entitled to certain rights but are also entrusted with specific responsibilities. These responsibilities are the ethical and practical obligations of consumers, which when upheld, contribute to the well-being of the marketplace and ensure a fair and secure environment for all parties involved.
• Responsibility to Think Independently: Consumers are obligated to exercise independent thought when making choices. This means they should consider their needs and wants without undue influence. It’s akin to the ethical consideration of personal values before making a significant life decision.
• Responsibility to be Aware: A consumer must be vigilant about the quality and safety of products and services before making a purchase. This duty is akin to the diligence exercised by a professional in ensuring the reliability of their work.
• Responsibility to Complain: It is not only the right but also the responsibility of the consumer to express dissatisfaction with a product or service and provide an opportunity for rectification. This parallels the principle of providing constructive feedback in any collaborative endeavor.
• Responsibility of the Consumer to be Fair: Consumers should always engage in fair practices and avoid engaging in activities that are disrespectful or deceptive. This sense of fairness is comparable to ethical conduct in personal and professional interactions.

Filling a Consumer Complaint

• Customers have the right to complain in the case of any discrepancies in goods and services; irrespective of the issue related to quality or price. It is the right of the consumer o to get redressed to their favor if these grievances hold valid. Some essential points to be borne in mind while filing a complaint:
  • Time Frame: A complaint should be filed within two years of purchasing the product or service. This ensures that consumer grievances remain valid.
  • Specify the Problem: The complaint should clearly detail the issue. Consumers can request an exchange, replacement, or compensation for the difficulties faced. The demand should be reasonable and based on valid concerns.
• Documentary Evidence: Relevant receipts and bills must be preserved and attached to the complaint letter. These serve as evidence of the purchase and the issue.
• Communication Method: Written complaints should be sent to the consumer forum via email, registered post, or hand-delivered. Obtaining acknowledgment of receipt is essential for tracking the progress of the complaint.
• Preferred Language: Consumers have the flexibility to file complaints in their preferred language, making the process accessible to a broader audience.
• No Legal Representation Required: The hiring of a practicing lawyer is not obligatory when filing a consumer complaint. Individuals can represent themselves in the process.
• Document Management: All documents sent or received during the complaint process should be safely stored for future reference and correspondence.

Taking the Consumer Movement Forward

• Exclusive Consumer Courts: India has established specialized consumer redressal courts, underscoring the nation’s commitment to protecting consumer rights. These courts provide consumers with a dedicated platform for grievance resolution.
• National Consumers’ Day: The observance of National Consumers’ Day on 24 December in India serves as a reminder of the importance of consumer rights and awareness. It commemorates the historic speech of President John F. Kennedy on consumer rights, emphasizing the need for informed and empowered consumers.
• Slow but Steady Progress: Consumer awareness in India has been on the rise, albeit at a gradual pace. Over 25 years since the enactment of COPRA, more individuals are becoming cognizant of their rights and responsibilities as consumers.
• Voluntary Effort: To expedite the consumer movement, a voluntary and collective effort is indispensable. The active participation of individuals, organizations, and the government is essential in driving consumer awareness and protection.