CONSUMER PROTECTION

CONSUMER PROTECTION

Question 15. Shobhit wants to purchase a sandwich maker. He goes to a nearby mall and enters the shop where electric gadgets are kept. He asks the salesman about the area where sandwich makers are kept. The sales man takes him to that place where different types of sandwich makers are kept. He very patiently observes all the electronic gadgets, sees their functions, reads their instructions, compares their prices and sees their warranty periods. After some time when he pays the concerned person, tells him to note his home address and telephone number for future contact. He also asks him to inform him about any new products in the market. In the above case name one consumer responsibility Shobhit should follow? In the above case when Shobhit reads the instructions which consumer right is maintained? Which mark should be checked by Shobhit on the electronic appliance as he purchases it? What is the significance of this mark?

Marks indicating quality in different products

WAYS AND MEANS OF CONSUMER PROTECTION There are various ways in which the objective of consumer protection can be achieved.

(iv)&nbsp;Right to be Heard The consumer has a right to file a complaint and to be heard in case of dissatisfaction with a good or a service. It is because of this reason that many enlightened business firms have set up their own consumer service and grievance cells. (v)&nbsp;Right to Seek Redressal The Consumer Protection Act provides a number of reliefs to the consumer including replacement of the product, removal of defect in the product, compensation paid for any loss or injury suffered by the consumer etc. (vi)&nbsp;Right to Consumer Education The consumer has a right to acquire knowledge about products. He should be aware about his rights and the reliefs available to him in case of a product/service falling short of his expectations. Many consumer organisations and some enlightened businesses are taking an active part in educating consumers in this respect.

CASE STUDIES

Question 1. Rajiv bought an electric geyser. One day while taking bath he felt an electric shock. He quickly called the company and asked the concerned person to replace the geyser or fix the problem. There was no response from the side of the company. The geyser was still in the warranty period. Later from other neutral sources lie came to learn that many other people have also felt the same problem and it is because the product is made up of substandard components. In the above case identify the consumer rights violated. Question 2. Adesh had some problem walking on the road. He purchased a pair of shoes with high heels. After some time of using these shoes his pain increased as he did not know that there were medically recommended shoes available in the market for this problem. .After a few days of giving himself rest he approached a shop where the medically recommended shoes were sold. He v,as amazed to learn that the company making the shoes was holding workshops at different places in order to make the people suffering with such problem aware of an available option. Which consumer responsibility was not fulfilled by Adesh? Which right has been helped protected by the company selling the medically recommended shoes?

Question 5. In a colony several people purchased mosquito killing rackets from a company. The majority of rackets turned useless within a period of two months. Rishank who was one of the residents of the colony decided to take the matter to the consumer court but the residents were not united and he felt himself alone on the issue. The price of the racket was ?450. Meanwhile one of the friends of Rishank who was a journalist reported about the incident in a daily newspaper. When the company learnt about the situation it decided to take a milestone step. The company decided to lake back or repair all the faulty rackets from the residents of the society. The whole story took an interesting twist when a technician from the company told the management that in the instruction book provided with the racket it was written to clean the racket with special care after every one month. When enquired it was found that the residents with faulty rackets including Rishank didn’t clean their rackets after one month. Which important aspect from consumer point of view is highlighted in the above case? At which level of consumer court could Rishank apply for the claim of his loss? What was the important aspect from the point of view of business which compelled the company to take such a milestone step? Which consumer responsibility was not followed by the residents of Rishant’s colony? Which consumer right was helped protected by the company?

The Consumer Protection Act provides six rights to consumers. They are as follows: (i)&nbsp;Right to Safety The consumer has a right to be protected against goods and services which are hazardous to life, e.g., sometimes we purchased the food items of low quality which causes severe problems. Thus, in this case, we should purchased good quality and FPO labelled products. (ii)&nbsp;Right to be Informed The consumer has a right to have complete information about the product, which he intends to buy including its ingredients, date of manufacture, price , quantity, directions for use etc. Under the legal framework of India manufactures have to provide such information on the package and label of the product. (iii)&nbsp;Right to Choose The consumer has the freedom to choose from a variety of products. The marketers should offer a wide variety of products and allow the consumer to make a choice and choose the product which is most suitable. ‘

1. Self Regulation by Business: Enlightened business firms realise that it is in their long-term interest to serve the customers well.&nbsp;&nbsp;Many firms have set up their customer service and grievance cells to redress the problems and grievances of their consumers. 2. Business Associations:&nbsp; The associations of trade, commerce and business like Federation of Indian Chambers of Commerce of India (FICCI) and Confederation of Indian Industries (CII) have laid down their code of conduct which lay down for their members the guidelines in their dealings with the customers. 3. Consumer Awareness: A consumer, who is well informed about his rights and the reliefs available to him, would be in a position to raise his voice against any unfair trade practices or unscrupulous exploitation.&nbsp;

To cease manufacture of hazardous goods and desist from offering services which are hazardous in nature; If the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently, to pay such sum (not less than 5% of the value of such defective goods or services provided) which shall be determined by the forum; To issue corrective advertisement to neutralize the effect of misleading advertisement; To provide adequate costs to parties.

Compensation for impurities in cold drinks

SUMMARY OF REDRESSAL AGENCIES

A consumer should keep in mind the following responsibilities while purchasing, using and consuming goods and services: (i) Be aware about various goods and services available in the market, so that an intelligent and wise choice can be made. (ii) Buy only standardised goods as they provide quality assurance. Thus, look for ISI mark on electrical goods, FPO mark on food products and Hallmark on jewellary etc. (iii) Learn about the risks associated with products and services. (iv) Read labels carefully, so as to have information about prices, weight, manufacturing and expiry dates etc. (v) Assert yourself to get a fair deal.

Question 12. ‘RO Youth Club’ organised a visit of its members to an Old Age Home to inculcate the habit of social work among them. The visit revealed that the living conditions of the inmates of the Old Age Home were not hygienic. So, the RO Youth Club members decided to clean the premises. During their cleanliness drive, they realised that the Old Age Home also required pest control. But some of the inmates of the Old Age Home were reluctant for it because they believed that the pest control may create health problems for them. RO Youth Club, therefore, decided to provide ethical, safe and odourless pest control. They showed to the inmates of the Old Age Home a pamphlet of the proposed pest control product which promised easy, inexpensive and long-lasting pest control. The inmates happily agreed and the pest control was carried out. The effect of the pest control started wearing off after a fortnight. RO Youth Club contacted the pest control company which kept on postponing their visit. After waiting for a month, RO Youth Club filed a case in the consumer court. The consumer court was satisfied about the genuineness of the complaint and issued necessary directions to the pest control company. State any six directions that might have been issued by the court. Identify any two values that are being communicated by RO Youth Club to the society.

REVISION TEST

Question 6. On the eve of Diwali Kalpana purchased two kilograms of sweets from VV Koyal Sweets. On consumption of sweets her two children and husband fell sick and were to be hospitalized. Kalpana wanted to file a case in the consumer forum but could not do so because she did not have any proof of buying sweets from Koyal sweets. What proof could Kalpana have obtained for filing the claim in the consumer court? Question 7. Nitish went to a shop to purchase a shirt. The shopkeeper offered him three colours of shirts. Nitish asked him to show him the shirt which was on display. The shopkeeper told him that he could not buy that shirt and would have to choose from the options provided by him. Out of necessity and lack of time Nitish purchased a shirt out of the shirts shown by the shopkeeper. He paid him cash and didn’t take the cash memo. Later, when he wore the shirt at home and was about to leave, he found one button of the shirt missing. He went to the shop the next day and asked for replacement. The shopkeeper bluntly denied that the shirt was purchased from him. Which consumer right of Nitish is violated here? Which consumer responsibility was no! fulfilled by Nitish which led to this situation? Can Nitish file complaint against the shopkeeper? From the point of view of business which type of interest has been overlooked by the shopkeeper? Why?

Question 3. Manuj bought a packet of chips from a local shopkeeper and found that the ingredients given on the label were not legible. He complained about it to the company. The company sent a written apology stating that they will make sure that existing packets are withdrawn from the market and new packets with legible labels are soon made available. State the consumer right which Manuj exercised. Question 4. Suman bought a box of cheese of a reputed brand from a local shopkeeper. On opening the box she found a piece of stone in the cheese. She reported the matter to jpkeeper who forwarded her complaint to the concerned company. Within a week the representative of the company visited Soman’s residence with an apology and as a replacement offered her a new cheese pack with four other varieties of cheese as compensation for the inconvenience to her. State the consumer right which Suman exercised.

(vi) Be honest in your dealings. Choose only from legal goods and services. (vii) Ask for a cash-memo on purchase of goods and services. This would serve as a proof of the purchase made. (viii) File a complaint in an appropriate consumer forum in case of a shortcoming in the quality of goods purchased or services availed. (ix) Form consumer societies which would play an active part in educating consumers and safeguarding their interests. (x) Respect the environment, avoid waste, littering and contributing to pollution.

RELIEFS AVAILABLE TO CONSUMERS Removal of defects from the goods; Replacement of the goods; Refund of the price paid; Removal of defects or deficiencies in the services; Award of compensation for the loss or injury suffered; Discontinue and not to repeat unfair trade practice or restrictive trade practice; To withdraw hazardous goods from being offered for sale;

Question 13. Raghu purchased a truck worth Rs.35 lakhs. The truck had some inbuilt problems and after some days stopped starting. Since it was in the guaranty period it was shown to the company. The people in the company refused to attend to his complaints. It was heart breaking for him so he decided to file a complaint in the state commission. The state commission on hearing the pleas from both the parties gave decision in favour of the truck company. It was shockingly bad news for Raghu. At what level of authority should Raghu file a complaint now? In how many days should he file his complaint at the next level? Question 14. ‘Amazing Yummy Cakes’ is a renowned cake making company. The cakes are packed in beautiful packaging. The company produces both egg containing as eggless cakes. Once it so happened that 300 cakes containing egg were packed in packaging having green signs. Vishal who is a strict vegetarian ate it. He realised something different in the smell of the cake and went on to enquire about the content of the cake. On his questioning one staff member agreed to the fault committed. Which consumer right of Vishal was violated here?

Question 8. Amit went to purchase a fridge from a showroom having electrical appliances. He purchased a fridge for Rs.10,000. However, when he confirmed the price of the fridge form his friends and searched on the net he found that the price of the fridge was Rs.9,500. When he contacted the showroom owner he was told that the prices of the fridge model has come down and that the cash memo handed over to him also had the billing of Rs.10,000. But at the time the model was introduced the price of the model was Rs.10,000 only. Do you think Amit should get his Rs.500 back? Do you think Amit has proof of purchase? Which consumer right of Amit has been violated here? Question 9. Ramit is running an organisation which is beyond the control of government and the motive of the organisation is welfare of the consumers. One day Sujata comes to his office and tells that her mom. purchased a fridge two years back. She is no more and the fridge was purchased in her name. However the warranty period of the fridge is still active. But the company is denying her the services. Which type of organisation is being ran by Ramit? Name one such example of an organisation. Can Ramit help Sujata file a case against the company? Which consumer right of Sujata has been violated here?

Who is a Consumer ? A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self employment. The consideration may be: Paid Promised Partly paid and partly promised. It also includes a beneficiary of such goods/services when such use is made with the approval of such person. Who is not a Consumer ? A person is not a consumer if he/she: Purchases any goods or avails any service free of charge; Purchases a good or hires a service for commercial purpose; Avails any service under contract of service

Question 10. ‘Amazing Duniya’ is a tourist agency. It also has a group of hotels. The company offers new types of schemes to the potential customers. Amit was offered a scheme of staying in a hotel for 6 days and 5 nights for free. However when he reached the destination he was told that every room of the hotel was booked. He told tlhem that he was told earlier that his room was booked. He even showed them the confirmation he received on his mail. Can Amit file a complaint against the tourist agency? Will he get a relief in this case? Name the relief he will get. Which consumer right has been violated in this case? Question 11. Himanshu purchased a new car from ‘Galaxy Motors’ for Rs.25 lakhs. He was offered free insurance for the first year and three free servicing to be availed after the car had covered 5,000 km, 10,000 km and 15,000 km respectively. When Himanshu took the car for the first free servicing, he was told that the car was not new and first service had already been availed on this car. He felt cheated and filed a complaint in the State Commission. Being not satisfied with the decision of the State Commission, after two months he decided to file an appeal against it. Can Himanshu appeal against the decision of the State Commission? Give reason in support of your answer.

Question 16. Dr. Ahuja purchased a washing machine of a renowned company. The price of the machine was Rs.10,000. The company provided the cash memo on purchase. The money was paid in cash. The machine model was semi-automatic and it was with a warranty of 3 years. For 3 years 1 month there was no problem in the functioning of the machine. But due to water logging around the machine while washing clothes the main rotator of the machine got fused. When the complaint was registered with the company it was told that the warranty period of the machine had expired and Dr. Ahuja would have to pay for the service charges as well as the replacement of rotator motor. Is the company justified in not providing free service to Dr. Ahuja? Can Dr. Ahuja file a complaint against the company? Which consumer right of Dr. Ahuja is overlooked here? Was any party at fault? Did Dr. Ahuja fulfill her consumer responsibility?

4. Consumer Organisations: Consumer organisations play an important role in educating consumers about their rights and providing protection to them. These organisations can force business firms to avoid malpractices and exploitation of consumers. 5. Government: The government can protect the interests of the consumers by enacting various legislations. The legal framework in India encompasses various legislations which provide protection to consumers.&nbsp;

Who can file a Complaint? Any consumer; Any voluntary consumer association; Central Government or any State Government; One or more consumers, where there are numerous consumers having same interest In case of death of a consumer, his legal heir or representative