Consumer Rights of India

Consumer Rights - Introduction

A consumer in the Consumer Rights of India is a person or group of people who purchase or buy goods and services for personal benefits from a manufacturer, retailer, or wholesaler. “A consumer is an individual who buys goods and services in exchange for consideration and utilizes such goods and services for personal use and resale or commercial use”, according to Section 2(7) of the Consumer Protection Act, 2019.

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This Story also Contains

1. Consumer Rights - Introduction
2. Consumer Protection Act, 2019
3. Introduction to Consumer Rights in India
4. What are the 10 Consumer Rights of India?
5. Case Laws
6. Consumer Responsibilities in Consumer Rights of India
7. Conclusion

Consumer Protection Act, 2019

The Consumer Protection Act, of 2019 governs matters in the interests of the consumers or the individuals who consume any goods and services. It is very necessary to protect the interests of consumers to prevent them from involuntarily being involved in unfair trade practices, misleading advertisements, or any such situations arising where a consumer is at a loss.

The Consumer Protection Act, 2019 serves a purpose and its aim is to safeguard the interests and Consumer Rights of India and individuals consuming any product. It protects the consumers against harmful or hazardous marketing of any market item. The Act also lays down provisions for the people to have rights while purchasing any item in the market such as knowing about the quality and quantity, price of goods and services, standards, etc, to make sure this happens, there are Consumer Protection Council in the form of redressal forums, in case of any mishaps.

The Consumer Protection Act, 2019 also guarantees accessibility, availability, and affordability of the products for all sections of society. Therefore, anything that conflicts with the provisions of the act shall be considered a punishable offence.

Introduction to Consumer Rights in India

• Consumers have the right to receive Consumer Rights of India such as education and awareness under the Consumer Protection Act, of 2019. Every individual has the legal right to be aware of the marketing strategies or tricks and techniques that the producers or sellers might use to hide product liability. Therefore, making the consumer alert and giving them prior knowledge of the product’s information is very crucial, both on the consumer’s part and on the seller’s part as well.

• The consumers have some Consumer Rights of India, that protect them from unfair means of trade or marketing practices. Every purchaser must ask for a bill after buying any goods or taking any services. Also, it is equally important for the service provider to give a receipt as proof of the service they have offered. This ensures assurance if in case there arises a misunderstanding in the context of the product, either on the consumer’s behalf or on the seller’s behalf.

• If a service is being provided, then it is the responsibility of the service provider to not reveal any confidential or personal details and information of the consumer. This will be treated as an unfair means of trade practice.

• Similarly, providing any expired or defective products to the consumer is also considered an illegal means of trade practice and it is punishable in the eyes of law because it may also cause health issues or chronic diseases due to the negligence committed by the seller. It is also very important for the consumer to check the essential details on the packaging of the products to avoid any further disturbances or interruptions.

• A consumer is God in the eyes of a provider and hence it would be miserable to humiliate the Consumer Rights of India. Therefore, there are certain specific rights that every consumer has that they can exercise while buying or purchasing any product from the seller or taking a service from the service provider.

What are the 10 Consumer Rights of India?

1. Right to Safety

Every consumer has the right to consume a safe product and should be protected from harmful products for their good health and safety. For example, the product should not contain dust over it, it should not have its seal open, etc. The right to safety can be understood as one of the leading cases of Donoghue v. Stevenson. In this case, a lady went to a restaurant and ordered a ginger beer. After she opened the bottle of beer, she found traces of a dead snail in it. She immediately reported the same to the restaurant authorities. In this case, it was the manufacturer's responsibility while producing the product to check that every unit of beer bottle was properly packed and not contaminated with any external materials that might be hazardous to a human being.

2. Right to Choose

Consumers visit various shops to find the best-fitted item or product for their consumption. Therefore, they have a right to choose between the variety of goods and services they want in their favour. They have the liberty to decide which product is a better alternative or substitute for meeting their demands and needs.

3. Right to Information

In India, every person has the right to information about decisions or choices they make for their benefit, whether it be a service or a purchase of good. Similarly, a consumer has the right to know every detail and instructions about the product. These also include the guarantee and warranty of the product, the expiry date, chemical composition and if the product is adulterated or not.

4. Right to Privacy

The right to privacy is also a Fundamental Right under Article 21 of the Constitution of India. An individual’s credentials such as their identity documents, and other personal information should be kept safe and confidential, that is it should not be revealed or shared to any outsider other than the person himself. These ensures the protection and safety of the consumer.

5. Right to Education

Consumers should be informed and have a bare minimum knowledge about their roles and responsibilities to enhance their purchasing abilities and prevent them from falling in misleading traps while purchasing products or availing services. This can be done through launching consumer awareness programmes and campaigns.

6. Right to Representation

The right to representation is a right accessible to all consumers who want to portray or represent themselves collectively as a group of individuals to spread knowledge about consumer rights and protect consumer interests. This can also help in recovering the losses borne by the consumers whose rights have been violated.

7. Right to Redress

The right to redress is one of the most vital rights that the consumers have to resolve their problems related to any default product or a replacement they want to make of the previously brought product. Basically, they can re-address the product by going back to the purchasing stage if the product is not satisfactory according to them.

8. Right to Fair Practice

The right to fair practices, covers the professional or business ethics that should be followed while dealing with business activities such as buying and selling of the products. It also prevents the consumers from falling into demeaning marketing tactics that can be out of the reach and understanding of a common human being. This also gatekeeps them from over-exploitation in the market.

Hence, these are the major rights that a consumer has to guard themselves against being exposed to marketing malpractices and protect themselves from jumping into a whirlpool of misleading and unfair trading activities that lead to bigger blunders like corruption and fraud. All these rights are interconnected to each other and work hand in hand.

Case Laws

• In the case of Sapient Corporation Employees v. HDFC Bank Ltd. & Others, a formal complaint was drafted in the court of law by the petitioner stating that the respondent bank had debited the account of the Sapient Corporation leaving them in a deficient position. Moreover, the court gave a judgement that the argument presented by the bank was not valid because the HDFC bank was a regulatory authority.

• In the case of Veena Khanna v. Ansal Properties & Industries Ltd, NCDRC was disputed an agreement was made on delivering a flat to the complainant but the respondent did not deliver it to the person in the due time. The NCDRC laid down a decision stating that either a similar flat or an equal amount of compensation should be given to the complaining party.

• In one of the infamous judgements of Pepsi Co. Inc. v. Hindustan Coca-Cola Ltd., the court had highlighted that the manner, intention and narrative of a commercial should be taken into consideration while dealing in consumer scenarios of depreciating or criticising done by a brand for another brand.

Consumer Responsibilities in Consumer Rights of India

• As a consumer, awareness is the most important aspect while purchasing the product they desire. When you buy a product, make sure you check the quantity and quality of the product you’re going to take along with you as one should not get influenced by the shopkeepers and their techniques to sell the commodities. It is also crucial to check for standardised marks such as fssai and ISI symbols.

• The consumers should be as responsible as the seller while purchasing the product they want to avoid further conflicts. An individual should read the instructions behind the packaging of the products so to save themselves from future loss.

• The decision-making quality of a consumer can be one of the best ways to protect consumer interests. The consumers in Consumer Rights of India should be firm with their choices, make a list of the items they want and inform the seller about the detailed identity of the goods.

• The consumer is the one who purchases goods and avails services. When buying a good or an item, every individual should always ensure that they ask for a cash memo or bill in exchange for the things they have purchased. The bill acts as evidence or proof of the buying and selling process. Therefore, paying for the goods and services should be followed by issuance of the cash memo. The consumers should also read the financial or essential documents related to the goods and services carefully.

• Due to the growing global warming in the environment, consumers should also be alert to their surroundings. A person should not litter the garbage in the near surroundings and duly dispose of purchased products appropriately. them off in a dustbin or an assigned place.

• The consumers even after taking these precautionary measures, suffer some losses or damages, then they should come out and speak for their rights. The consumers in the Consumer Rights of India should be responsible enough to know their rights and complain to the seller about the violation of their financial and physical damages.

Conclusion

Furthermore, consumer protection and Consumer Rights of India are two key components of consumer behaviour. These two keys can unlock maximum engagement in the market because consumers will have the most freedom knowing that they are sheltered under the consumer protection laws along with the Consumer Rights of India.