Consumer Rts

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Consumer: A ”consumer” is a person who buys any goods or hires any service for valuable consideration (including

deferred payment). The term does not include a person who obtains goods or services for resale or for any commercial
purpose. However, persons who avail goods or services exclusively for the purpose of earning their livelihood by means of
self employment are considered as ‘consumers’.

We use a lot many types of goods for a reason. These goods are both tangible (goods) and non-tangible (services).
The reason for their use is what can be called as satisfaction of wants. Wants are satisfied by using goods and
services. The process of using various goods and services to satisfy a want is known as consumption. When we pay
a price for good or a service and use it for to satisfy a want, we become consumers.

With advertisement in production, consumption becomes more difficult. There is growth in the number and services.
Outside pressures become increasingly refined and harder to resist. It is necessary that the present generation keep
themselves well aware and active to be able to take the ultimate decision in the market. If this is not so then the
consumer is often exploited or cheated by the seller or the producer. So it is important to be aware of how we can be
cheated as consumers. We must know our rights and duties as consumers. Even the law provides us protection as
consumers.

We are concerned with our money, our health, safety and social environment. Fleecing (ask an unreasonalble
price) of customers has become widespread. False or misleading advertisements or representations, fixing,
bargain prices, prizes, contents, non-compliance of product safety standards and hoarding of goods make
Consumer us knowingly, unknowingly victims in one way or the other. We, as consumers, are now protected
by several laws. However there is a general lack of awareness about these rights. Since these rights are
served primarily from Consumer Protection Act.

In other words it can be said that these are rights designed to ensure that all consumers obtain goods and
services of reasonable quality at fair prices.Therefore violation of these rights and duties may entail legal
action or punishment.

The Consumer Protection Act, for the first time, enumerates the Consumer Rights as Legal Rights.The main
objective of this Act is to provide for better protection of the consumers. That means a consumer can get a
faulty item replaced or refund of the cost paid. The consumer may also get compensation for any loss suffered
by him caused by a defective product. The Act intends to provide simple, speedy and inexpensive redressal of
the consumer's grievances.

A majority of the advertisements are aimed at young children today, especially those covering food
products, beverages and cosmetics.  Unfortunately, many advertisements make false promises, are highly
exaggerated and give incomplete descriptions of products.

Consumer rights

1. Right to Safety:

The Right to Safety means the right to be protected against the marketing of goods and
services which are hazardous to life and property. What is required here is that the
purchased goods (or services) should meet the needs of safety.

Can you recollect some cases where this right of consumers was violated?

Ex: You hire a taxi or an auto rickshaw or decide to travel by a bus. The operator of that vehicle has
not bothered about the mechanical fitnessand worse, enroute the vehical meets with an accident due to
faulty breaks. Here the injury caused to you or any passenger is a case of violation of consumer
right to safety. You or any other injured passenger is, therefore, entitled to compensation.

Ex: Similarly an.electric iron causing electric shock,


Ex: negligence by a doctor while performing an'operation.

Therefore before purchasing, consumers should insist on the quality of the products as well as on the
guarantee of the products and services

2. Right to be Informed:

This Right means right to be informed about the quality, quantity, potency, purity,
standard and price of goods or services, as the case may be, so as to protect the Consumer
against unfair trade practices.

Traders, simply to make profit by selling whatever is available with them or the product which gives
them higher margin of profit generally do not inform the customers of availability of choices or
qualities of product.

Many a time you purchase a medicine. The medicine may be apparently to cure a
disease. But there is a possibility of it proving to be harmful to certain persons in certain
cases.
In the first case if you do not know the harmful side effects of the medicine and consume it, what will
be the result?

Or a medicine having same contents might have been manufactured by different


companies under different brand names and priced differently.
In the second case you do not know the availability of different brands of medicine
and are made to buy one which you cannot afford.

In other the words the consumer can insist on getting all the information about the product or
service before making a choice or a decision. The manufacturer or trader is duty bound to give
this information.

3. Right to Choose

This Right means the right to be assured, wherever possible, of access to a variety of goods at
competitive prices.

In other words, a buyer has a right to buy a product of his/her choice and get satisfaction out of a
number of products available in terms of quality and price of goods. A shopkeeper cannot force or
impress upon a customer to buy a particular brand or a type of product

It is true that in reality this Right can be better exercised in a competitive market where a variety of
goods are available at competitive prices. In India such market does not exist as yet in many sectors
and in many regions. This makes the consumer feel that variety either do not exist or is not available.
4. Right to be Heard

The Right to be heard means that consumers' interests will receive due consideration at
appropriate forums. It also includes Right to be represented in various forums formed to
consider the consumer's welfare.

By enacting the Consumer Protection Act, the Government of India has created Consumer Forums at
district, state and national levels to hear the complaints of consumers. In your own town or state
headquarters, you will notice such organisations

5. Right to Seek Redressal:

This Right provides for the Right to seek redressal against unfair trade practices or
unscrupulous exploitation of consumers. It also includes Right to fair settlement of
the genuine grievances of the consumer.

It also involves the right to receive compensation for faulty goods or senices. Redressal is the natural
follow-up of hearing of complaints and making a settlement in a manner that is acceptable to the
consumer as well as the seller.

State Consumer Disputes Redressal Commission: ‘Eruvaka' Building, Khairatabad,

6. Right to Consumer Education:


This Right encourages you to acquire the kno~ledgea nd skill to be an informed
consumer throughout life.

As we have already seen ignorance of consumers particularly the rural consumers of their Rights
is mainly responsible for their exploitation.

To ensure this, availability of information at various levels and through various means is
essential.
Consumer Protection Act itself' provides the Right to consumer education.

Therefore it becomes the duty of the government to keep consumers informed of their rights.
Creating awareness among consumers is also part of their education This will help a consumer in
protecting himseWherself against fraudulent and misleading information.

Consumer education also brings alertness and ability to question about price and quality of goods.
In a way, Right to consumer education is an important means to make use of other consumer
Rights.

It is, therefore, important that we lay due emphasis on consumer education.


Consumer awareness
Consumer awareness is making the consumer aware of His/Her rights.
Def: Consumer awareness it a marketing term. It means that consumers note or are aware of products or
services, its characteristics and the other marketing P's (place to buy, price, and promotion). 

Some of the common methods of exploitation are:


1.    Under weight and under measurements –not measured or weighed correctly.
2.    Substandard Quality –defective home appliances and medicines beyond expiry date
3.    High prices—charging above the retail price
4.    Duplicate Articles—selling fake items in the name of the original
5.    Adulteration and Impurity—is done to get higher profits
6.    Lack of safety Devices—absence of inbuilt safeguards in appliances
7.    Artificial Scarcity—hoarding and black marketing
8.    False and Incomplete Information—misleading information on quality, durability, and safety.
9.    Unsatisfactory after sales Service—high cost items like electronics and cars require constant
and regular service.
10. Rough behavior and Undue conditions—harassment in getting LPG connection or a
telephone connection..

Factors causing exploitation of Consumers:


1.    Limited Information—providing full and correct information will help in the choice
2.    Limited Supplies—when goods and services are in short supply then price shoots up
3.    Limited Competition—single producer may manipulate the market in terms of price and stocks.
4.    Low Literacy—illiteracy leads to exploitation. Hence Consumer Awareness is essential.

RESPONSIBILITIES OF CONSUMERS:
1. BEFORE BUYING:
·Planning in advance
·Enquiring past performance of product / service
·Enquiring about reputation and past performance of producer / seller / service provider

2. WHILE BUYING:

·Asking for demonstration regarding how to operate / use the product/service


·Enquiring about after-sales service and ensuring availability,Phone number, address and e.mail
of service center
·Reading and knowing the contents of guarantee / warranty card
·Insisting for approved sale bill with serial number, address, phone number, etc.
·Obtaining guarantee / warranty card and getting it signed/sealed by dealer

3. AFTER BUYING:

·Using products as per instruction given in user manual


·Keeping bills and guarantee card safely
·In case of fault inform dealer and service center. Do not meddle or repair yourself
·Keeping record for all correspondences
·Seek immediate redressal of deficiency in product.
CONSUMER PROTECTION ACT, 1986:

Protection offered by Consumer Protection Act, 1986 against:


a.Deficiency in product or service
b.Poor aftersales service
c.Damage/Loss to health, life and property due to product
d.Hazards arising out of product/service
e.Unjust enrichment through unfair means
f.Misleading advertisements
g.Unfair Trade Practices
h.Restrictive Trade Practices (like tie-up sales)
i.Violations of any other applicable laws or regulations
b. Grievance Redressal

Features of Consumer Protection Act, 1986 and filing of complaints:


1.Simple formalities
2.Advocates not compulsory
3.Consumers themselves can conduct cases
4.Complaints may be sent even through Registered Post
5.Registered Consumer Organisations or Government can also file complaint on behalf of consumer(s)
6.Less expensive
7.Compensation can be claimed for the loss suffered including mental agony

Legal formalities for filing a complaint.


The complaint can be written on plain paper. The supporting documents like the warranty card must be
attached. A lawyer is not required. We can argue our case.

Remember the 3 things of a dutiful consumer:


 Reduce: Consume only what you need, if possible reduce consumption of water, electricity, fuel and other non-renewables
 Reuse: If a product can serve you for a longer period, use it instead of buying a new one .
 Recycle: Don’t litter the environment, please recycle degradable or recyclable materials through scrap dealers

The customer is the most important visitor on our premises. He is not dependent on us. We are dependent
on him. His not an interruption on our work. He is the purpose of it. He is not an outsider on our business.
He is part of it. We are not doing him a favor by serving him. He is doing us a favor by giving us an
opportunity to do so" ~ MAHATMA GANDHI

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