Chapter 7
Consumer Protection
Q.l A) Select the correct answer and rewrite the sentence.
1. In India, the consumer protection act was initiaed in the year ........ .
a) 1947
b) 1989
c) 1986
Ans: c) 1986
2. The President of District Commission is a .............. .
a) District Judge
b) High Court Judge
c) Supreme Court Judge
Ans: a) District Judge
3. The main objective of the consumer organization is to protect the interest of the ....... .
a) Consumer
b) trader
c) producer
Ans: a) Consumer
4. ....... is the highest authority to settle the consumer dispute under Act.
a) State Commission
b) National Commission
c) District Commission
Ans: National Commission
5. The Government has established ....... to settle the consumer disputes by compromise
a) District Commission
b) Lok Adalat
c) Consumer organization
Ans: b) Lok Adalat
6. National Commission has ........ members.
a) 2
b)3
c) 4
Ans: c) 4
7. District Commission entertains complaints of consumer for compensation which is less than ........ .
a) one crore
b) ten lacs
c) ten crore
Ans: a) One crore
8 ....... is celebrated as World Consumer Day.
a) 24th December
b)26th January
c) 15th March
Ans: c) 15th March
9. In modern competitive market, consumer is regarded as the ........... .
a) king,
b) Agency
c) Owner
Ans: a) King
C) Give one word / phrase / term for the following sentence.
1. The commission which entertains case where the value of the goods or services paid as consideration does not exceed Rs. one crore.
Ans: District Commission
2. A legal action initiated in a court of law regarding a matter of general public interest.
Ans: Public Interest Litigation
3. Organizations which aim at promoting the welfare of the people.
Ans: Non Government Organization
4. The right of consumer which is about safety and protection to his life and health.
Ans: Right to safety
5. One who consumes or uses any commodity or service.
Ans: Consumer
D) State whether following statements are true or false.
1. The seller has to recognize the rights of Consumer.
Ans: True
2. Consumer Protection Act provides protection to the producer.
Ans: False
3. Consumer Protection Act is not required in India.
Ans: False
4. Lok Adalat can rightly be described as "People's Court".
Ans: True
5. Consumer, being the king of market, does not have any responsibility.
Ans: False
E) Find the odd one.
1. District Commission, State Commission, NGO, National Commission
Ans: NGO
2. District Judge, High Court Judge, Commissioner, Supreme Court Judge
Ans: Commissioner
F) Complete the sentences.
1. National Commission is to be established by ............ Government.
Ans: Central
2. Any person who does not agree with the decision of District Commission can appeal to the ............ .
Ans: State Commission
3. State commission has ............ members.
Ans: Four
4. The President of National Commission is ............ judge.
Ans: Supreme Court
5. National Commission entertains complaints of consumer for compensation that exceeds Rs ............ .
Ans: ₹ 10 Crores
6. The consumer protection Act established ............ Tier quasi judicial system for consumer protection exist.
Ans: Three
G) Select the correct option and complete the following table.
(High court Judge, Four, Consumer Organisations, does not exceeds Rs. one crore, 2019)
H) Answer in one sentence.
1) When do we observe a National Consumer's Day?
2) Who is consumer?
3) What information one should check before buying a product?
4) Which forum is set up at the national level for redressal for consumer complaints?
5) Who shall be appointed as president of National Commission?
6) When do we observe World Consumer's Rights Day?
Solution:
1) National Consumer's Day is observed on December 24th every year.
2) A consumer is any individual who purchases goods or services for personal use and not for resale or commercial purposes.
3) Before buying a product, one should check its price, quality, warranty, return policy, and reviews from other consumers.
4) The forum set up at the national level for redressal for consumer complaints is the National Consumer Disputes Redressal Commission (NCDRC).
5) The president of the National Commission is appointed by the Central Government.
6) World Consumer's Rights Day is observed on March 15th every year.
I) Arrange in proper order.
1) National Commission, District Commission, State Commission.
Ans: District Commission, State Commission, National Commission
2) District Judge, Supreme Court Judge, High Court Judge.
Ans: District Judge, High Court Judge, Supreme Court Judge
J) Correct the underlined word and rewrite the following sentence
1) An appeal can be filed against the order of the National Commission to the State forum.
Ans:
2) National Commission is established by the State Government.
Ans:
3) District Commission is also referred as People's Court.
Ans:
4) In India, sellers are widely dispersed and are not united.
Ans:
5) National Commission entertains complaints where the value of the goods or services_ paid as consideration does not exceed Rs. one crore.
Ans:
Q.2. Explain the following terms/ concepts.
1) District Commission.
2) National Commission.
3) State Commission.
4) Lok Adalat.
5) Janhit Yachika
Q.3. Study the following case/situation and express your opinion.
1) Mr. Ashok visited a shop to buy a pair of shoes of RS. 700. The salesman forced him to buy a pair of bigger size shoes of ordinary company by claiming this size would be suitable to him. After reaching home, he discovered that shoes are still too big for him. He complained about the shoes to the shopkeeper. It was denied by the shopkeeper to replace the shoes despite of availability of stock. In above case
i) Which right has been violated?
ii) Comment on the right which has been violated.
iii) Where can Mr. Ashok file his complaint?
2) Mrs. Meera a resident of Nagpur District bought a washing machine worth Rs. 50,000 without cash memo with a warrantee period of 2 years. After 1.5 years she noticed some defect and asked the company to repair or replace it. The company did not accept her complaint despite of the defective product. In the above case,
i) Suggest suitable redressal machinery to protect her right.
ii) If she is not satisfied with the decision given by redressal machinery, where should she appeal?
iii) What was the negligence of Mrs. Meera while buying the washing machine?
Q.4. Distinguish between.
1) District Commission and State Commission.
2) State Commission and National Commission.
3) District Commission and National Commission
Q.5. Answer in brief.
1) Explain any four needs of consumer protection.
Ans: 1) Need of participation of consumers: It is noted that business organizations take decisions
which affect the consumers' interest without consulting the consumer or their organizations.
Only a strong consumer organisation can pressurise business organisations to allow consumer
participation in the decision making process.
2) Lack of information: It is very difficult to establish direct contact between consumer and
manufacturer because consumers live in a dynamic and complex world and they are widely
scattered. Today's markets are full of domestic as well as imported products therefore it is very
difficult to get correct and reliable information about product before they purchase.
3) Ignorance: Ignorance of consumers is the main cause of exploitation by business. Consumers
in India are mostly ignorant about their rights, market conditions, price levels and product
details. A system is required to protect them from business malpractices.
4) Unorganized Consumers: Consumers are widely scattered and are not organized, On the
other hand sellers are in better position than consumers and they are powerful. Consumers are
under the influence of businessman. An individual consumer cannot fight against these powerful sellers.
5) Spurious Goods: There is increasing supply of duplicate products. It is not possible for an
ordinary consumer to distinguish between a genuine product and its imitation. It is necessary
to protect consumers from such exploitation by ensuring compliance with prescribed norms of
quality and safety standards.
6) Misleading Advertising: Some businessmen give misleading information about quality, safety and utility of products. Consumers are misled by misleading advertisement and do not
know the real quality of advertised goods. A mechanism is needed to prevent misleading
advertisements.
7) Malpractices of Businessmen: Fraudulent, unethical and monopolistic trade practices by
businessmen lead to exploitation of consumers. Many times consumers get defective, inferior and substandard goods and services. Certain measures are required to protect the consumers against such malpractices.
8) Trusteeship: According to Gandhian philosophy businessmen are trustees of the society's
wealth. Therefore, they should use this wealth for the benefit of people.
2) State any four rights of the consumer.
Ans: Right to Safety: This right protects consumers against products, production processes and
services which are hazardous to health or life. It includes concern for consumer's long-term
interests as well as their immediate requirements. According to this right, consumer must get
full safety and protection to his life and health. This safety should be in relation to medicines,
electrical appliances, food etc. The GOI has given safety standards in the form of AGMARK,
lSI, BIS, Hallmark etc.
2) Right to Information: According to this right, consumer should be provided with adequate
information about all aspects of goods and services like price, name of manufacturer, contents
used, batch number if any, date of manufacture and expiry date, user manual and safety instruction etc. This right also enables consumer to select right product or service. It is applicable
to food products, medicines, spare parts or any other consumer products or services.
3) Right to Choose: The choices available to Indian consumers across the basket of goods and
services have multiplied like telecommunications, travel and tourism, banking, electronics,
fast moving consumer goods(FMCG) etc. According to this right, consumer should be given
full freedom to select an article as per his requirement, liking and purchasing capacity. The
right to choose is related to the concept of free market economy. As per this right, the seller
cannot compel consumer to buy particular product and hence monopoly is prevented.
4) Right to be heard: Every business organization should listen and solve the complaints of
consumers. According to this right, consumers have opportunity to voice their complaint to
the consumer forum. Consumers also give suggestions to manufacturer or trader on certain
matters such as quality, quantity, price, packaging etc. Now a days, consumers can file online
complaints through portal or mobile applications.
5) Right to Consumer Education: Every consumer has the right to know about consumer rights
and solutions to their problems. This right creates consumer awareness. An aware consumer
can make rational choice of goods and services and protect his rights and interests from the
exploitation of unscrupulous businessmen. Thus, consumer education becomes a priority concern. It is necessary to give education and training regarding prevailing acts and legal processes. The government, media and NGOs play vital roles in this regard. E.g. 'Jago Grahak Jago'
campaign.
6) Right to Represent: The act provides an opportunity to individuals and consumer groups to
represent consumer’s interest before consumer forum. The act allows the consumer to be represented by a person who is not a professional advocate. This provision is in recognition of
consumer's right to represent.
7) Right to Redress: Along with the right to represent, right of redressal is also given. Only filing
of complaint is not enough to give justice to consumers, so this right implies fair settlement
of claims. This right enables the consumer to demand repair or replacement or compensation
for defective products and for poor services. According to consumer protection Act, three tier
quasi judicial consumer dispute redressal machinery is established for settlement of claims
such as District Commission at District level, State Commission at state level and National
Commission at national level. Consumers are protected from business malpractices.
8) Right to Healthy Environment: All consumers have a right to healthy and clean environment.
According to this right, consumer can demand actions against the pollution causing business
organisations. All consumers have the right to healthy and clean environment in present and
future.
9)
Right to Protect from unfair business practices: As per this right all consumers are protected against unfair business practices such as black marketing, profiteering, faulty weights and
measures, exorbitant prices, adulteration etc.
10) Right against spurious goods: This right is against the ma
3) Explain any four responsibilities of the consumer .
Ans: 1) Consumer should use his rights: Consumers have many rights with regard to the goods and
services. They must be aware of their rights while buying.
2) Cautious consumer: The consumers should understand their responsibilities while buying
goods and services. While buying, the consumer should enquire about the quality, quantity,
price, utility of goods and services etc.
3) Filing of complaint: It is the responsibility of a consumer to approach the officer concerned,
if consumers have some complaint about the goods and services. A delay in complaint may
result in expiry of guarantee or warrantee. Sometimes, consumers ignore the dishonest acts of
businessmen which encourages unethical business practices.
4) Quality conscious: The consumers should never compromise on the quality of goods. They
should not buy inferior stuff out of greed for less prices. If the consumers behave like this, there
cannot be any protection for them from any sector. It is also the responsibility of the consumers
to buy quality goods. The symbols such as ISI, AGMARK, Hallmark, FPO, FASSAI etc. are
indicative of the good quality of the goods.
5) Beware from exaggerate advertisement: The seller informs the consumer about their goods
and services through advertisement. Usually the sellers exaggerate the quality of their goods
in advertisements. Therefore, it is the responsibility of the consumers to identify the truth of
advertisement.
6) Demand of Invoice and Guarantee, Warrantee Card: Consumer should always ask for invoice for the goods purchased. It is the responsibility of consumer to check details mentioned
on the guarantee or warrantee card. If the goods purchased are of inferior quality, these documents are useful to settle all kinds of disputes with the seller.
7) Pre-planned buying: The important responsibility of consumers is that they should not buy
in hurry. It means that the consumers should make an estimate of the goods they want to buy
along with their quantity required. They should also take in consideration the place from
where to buy the things.
8) Organised Efforts: Consumer should undertake responsibility for the protection of their rights
and safeguarding their interests. Consumers can work for and support the consumer protection
associations for consumer welfare.
4) State the role of NGO in consumer protection.
Ans: ROLE OF CONSUMER ORGANISATIONS AND NGOs
"Non-government organisation (NGO) are non- profit and non political organisation which
aim at promoting the welfare of the people." The main aim of these NGOs is to study the trend of
prices in the market and publish them for the information of consumers and to agitate against the
malpractices of traders.
Role of Consumer organizations & NGOs in Consumer protection and Education:
i)
To organize campaigns and various programmes on consumer issues to create social awareness.
ii)
To organize training programmes for the consumers and make them conscious of their rights
and modes of redressal of their grievances.
iii) To publish periodicals to enlighten the consumers about various consumer related developments.
iv) To provide free legal advice to members on matters of consumer interest and help them to take
up grievances.
iv) To interact with businessmen and Chambers of Commerce and Industry for ensuring a better
deal for consumers.
v)
To file Public Interest Litigation on important consumer issues, such as ban on a product injurious to public health.
The fol1owing are examples of NGOs
1) Consumer Guidance Society of India. (CGSI)
2) Voluntery Organisation in Interest of Consumer Education. (VOICE)
3) Consumer Education and Research Centre. (CERC)
) Consumer Association of India. (CAI)
5)
Mumbai Grahak Panchayat. (MGP)
6) Grahak Shakti. (GS)
Q.6. Justify the following statements.
1) The Consumer Protection Act was passed in the interest of consumers.
2) Consumers have many responsibilities.
3) Aim of consumer organization is to protect the rights of the consumer.
Q.7. Attempt the following.
1) State rights of the consumer.
Ans:
Right to Safety: This right protects consumers against products, production processes and services which are hazardous to health or life. It includes concern for consumer's long-term interests as well as their immediate requirements. According to this right, consumer must get full safety and protection to his life and health. This safety should be in relation to medicines, electrical appliances, food etc. The GOI has given safety standards in the form of AGMARK, lSI, BIS, Hallmark etc.
2) Right to Information: According to this right, consumer should be provided with adequate information about all aspects of goods and services like price, name of manufacturer, contents used, batch number if any, date of manufacture and expiry date, user manual and safety instruction etc. This right also enables consumer to select right product or service. It is applicable to food products, medicines, spare parts or any other consumer products or services.
3) Right to Choose: The choices available to Indian consumers across the basket of goods and services have multiplied like telecommunications, travel and tourism, banking, electronics, fast moving consumer goods(FMCG) etc. According to this right, consumer should be given full freedom to select an article as per his requirement, liking and purchasing capacity. The right to choose is related to the concept of free market economy. As per this right, the seller cannot compel consumer to buy particular product and hence monopoly is prevented.
4) Right to be heard: Every business organization should listen and solve the complaints of consumers. According to this right, consumers have opportunity to voice their complaint to the consumer forum. Consumers also give suggestions to manufacturer or trader on certain matters such as quality, quantity, price, packaging etc. Now a days, consumers can file online complaints through portal or mobile applications.
5) Right to Consumer Education: Every consumer has the right to know about consumer rights and solutions to their problems. This right creates consumer awareness. An aware consumer can make rational choice of goods and services and protect his rights and interests from the exploitation of unscrupulous businessmen. Thus, consumer education becomes a priority concern. It is necessary to give education and training regarding prevailing acts and legal processes. The government, media and NGOs play vital roles in this regard. E.g. 'Jago Grahak Jago' campaign.
6) Right to Represent: The act provides an opportunity to individuals and consumer groups to represent consumer’s interest before consumer forum. The act allows the consumer to be represented by a person who is not a professional advocate. This provision is in recognition of consumer's right to represent.
7) Right to Redress: Along with the right to represent, right of redressal is also given. Only filing of complaint is not enough to give justice to consumers, so this right implies fair settlement of claims. This right enables the consumer to demand repair or replacement or compensation for defective products and for poor services. According to consumer protection Act, three tier quasi judicial consumer dispute redressal machinery is established for settlement of claims such as District Commission at District level, State Commission at state level and National Commission at national level. Consumers are protected from business malpractices.
8) Right to Healthy Environment: All consumers have a right to healthy and clean environment. According to this right, consumer can demand actions against the pollution causing business organisations. All consumers have the right to healthy and clean environment in present and future.
9) Right to Protect from unfair business practices: As per this right all consumers are protected against unfair business practices such as black marketing, profiteering, faulty weights and measures, exorbitant prices, adulteration etc.
10) Right against spurious goods: This right is against the markets
2) State responsibilities of the consumer.
Ans: 1) Consumer should use his rights: Consumers have many rights with regard to the goods and
services. They must be aware of their rights while buying.
2) Cautious consumer: The consumers should understand their responsibilities while buying
goods and services. While buying, the consumer should enquire about the quality, quantity,
price, utility of goods and services etc.
3) Filing of complaint: It is the responsibility of a consumer to approach the officer concerned,
if consumers have some complaint about the goods and services. A delay in complaint may
result in expiry of guarantee or warrantee. Sometimes, consumers ignore the dishonest acts of
businessmen which encourages unethical business practices.
4) Quality conscious: The consumers should never compromise on the quality of goods. They
should not buy inferior stuff out of greed for less prices. If the consumers behave like this, there
cannot be any protection for them from any sector. It is also the responsibility of the consumers to buy quality goods. The symbols such as ISI, AGMARK, Hallmark, FPO, FASSAI etc. are indicative of the good quality of the goods.
5) Beware from exaggerate advertisement: The seller informs the consumer about their goods and services through advertisement. Usually the sellers exaggerate the quality of their goods in advertisements. Therefore, it is the responsibility of the consumers to identify the truth of advertisement.
6) Demand of Invoice and Guarantee, Warrantee Card: Consumer should always ask for invoice for the goods purchased. It is the responsibility of consumer to check details mentioned on the guarantee or warrantee card. If the goods purchased are of inferior quality, these documents are useful to settle all kinds of disputes with the seller.
7) Pre-planned buying: The important responsibility of consumers is that they should not buy in hurry. It means that the consumers should make an estimate of the goods they want to buy along with their quantity required. They should also take in consideration the place from where to buy the things.
8) Organised Efforts: Consumer should undertake responsibility for the protection of their rights and safeguarding their interests. Consumers can work for and support the consumer protection associations for consumer welfare.
3) State the need of consumer protection.
Ans: 1) Need of participation of consumers: It is noted that business organizations take decisions which affect the consumers' interest without consulting the consumer or their organizations. Only a strong consumer organisation can pressurise business organisations to allow consumer participation in the decision making process.
2) Lack of information: It is very difficult to establish direct contact between consumer and manufacturer because consumers live in a dynamic and complex world and they are widely scattered. Today's markets are full of domestic as well as imported products therefore it is very difficult to get correct and reliable information about product before they purchase.
3) Ignorance: Ignorance of consumers is the main cause of exploitation by business. Consumers in India are mostly ignorant about their rights, market conditions, price levels and product details. A system is required to protect them from business malpractices.
4) Unorganized Consumers: Consumers are widely scattered and are not organized, On the other hand sellers are in better position than consumers and they are powerful. Consumers are under the influence of businessman. An individual consumer cannot fight against these powerful sellers.
5) Spurious Goods: There is increasing supply of duplicate products. It is not possible for an ordinary consumer to distinguish between a genuine product and its imitation. It is necessary to protect consumers from such exploitation by ensuring compliance with prescribed norms of quality and safety standards.
6) Misleading Advertising: Some businessmen give misleading information about quality, safety and utility of products. Consumers are misled by misleading advertisement and do not know the real quality of advertised goods. A mechanism is needed to prevent misleading advertisements.
7) Malpractices of Businessmen: Fraudulent, unethical and monopolistic trade practices by businessmen lead to exploitation of consumers. Many times consumers get defective, inferior and substandard goods and services. Certain measures are required to protect the consumers against such malpractices.
8) Trusteeship: According to Gandhian philosophy businessmen are trustees of the society's wealth. Therefore, they should use this wealth for the benefit of people
4) State the role of NGOs and consumer protection.
Ans: ROLE OF CONSUMER ORGANISATIONS AND NGOs
"Non-government organisation (NGO) are non- profit and non political organisation which aim at promoting the welfare of the people." The main aim of these NGOs is to study the trend of prices in the market and publish them for the information of consumers and to agitate against the malpractices of traders.
Role of Consumer organizations & NGOs in Consumer protection and Education:
i) To organize campaigns and various programmes on consumer issues to create social awareness.
ii) To organize training programmes for the consumers and make them conscious of their rights and modes of redressal of their grievances.
iii) To publish periodicals to enlighten the consumers about various consumer related developments.
iv) To provide free legal advice to members on matters of consumer interest and help them to take up grievances.
iv) To interact with businessmen and Chambers of Commerce and Industry for ensuring a better deal for consumers.
v) To file Public Interest Litigation on important consumer issues, such as ban on a product injurious to public health.
The fol1owing are examples of NGOs
1) Consumer Guidance Society of India. (CGSI)
2) Voluntery Organisation in Interest of Consumer Education. (VOICE)
3) Consumer Education and Research Centre. (CERC)
4) Consumer Association of India. (CAI)
5) Mumbai Grahak Panchayat. (MGP)
6) Grahak Shakti. (GS)
5) State the composition and monetary jurisdiction of district Forum.
Ans: Meaning - A consumer dispute redressal commission at each district established by the State Government is known as District Commission.
Composition - Each District commission shall consist of the following.
a) President: A person who is sitting or retired or qualified to be a District Judge.
b) Member: not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government.
c) Tenure: Any person appointed as President or a member of the District Commission shall hold office as such as President or as a member till the completion of his term for which he has been appointed. The members will hold office for a term of five years or upto the age of sixty five years, whichever is earlier.
6) State the composition and monetary jurisdiction of state commission.
Ans: Meaning - A consumer dispute redressal commission at the state level established by the State Government is known as State Commission. It is also called as State Consumer Disputes Redressal Commission.
Composition - Each State Commission shall consist of
a) President: A person who is sitting or retired Judge of High Court, shall be appointed by the State Government as the president of State Commission in consultation with Chief Justice of High Court.
b) Member: Not less than four or not more than such number of members as may be prescribed in consultation with the Central Government.
c) Tenure: The members will hold office for a term of five years or up to the age of sixty seven years, whichever is earlier.
7) State the composition and monetary jurisdiction of national commission.
Ans: Meaning - A consumer dispute redressal forum at the National level established by the Central Government by notification is known as National Commission. It is also called as the National Consumer Disputes Redressal Commission.
Composition - National Commission shall consist of -
a) President: A person, who is or has been a Judge of the Supreme Court, shall be appointed by the Central Government as the president of National Commission in consultation with Chief Justice of India.
b) Member: Not less than four and not more than such number of members as may be prescribed.
c) Tenure: The members will hold office for a term of five years or up to the age prescribed, whichever is earlier.
Q.8. Answer the following.
1) Who is consumer? Explain the rights of the consumers.
Ans: The word 'Consumer' is derived from the Latin word 'Consumere' which means, to eat or to drink. The consumer is the one who consumes or uses any commodity or service available from natural resources or through a market.
A Consumer means any person who buys any goods, hires any service or services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payments.
1) Right to Safety: This right protects consumers against products, production processes and services which are hazardous to health or life. It includes concern for consumer's long-term interests as well as their immediate requirements. According to this right, consumer must get full safety and protection to his life and health. This safety should be in relation to medicines, electrical appliances, food etc. The GOI has given safety standards in the form of AGMARK, lSI, BIS, Hallmark etc.
2) Right to Information: According to this right, consumer should be provided with adequate information about all aspects of goods and services like price, name of manufacturer, contents used, batch number if any, date of manufacture and expiry date, user manual and safety instruction etc. This right also enables consumer to select right product or service. It is applicable to food products, medicines, spare parts or any other consumer products or services.
3) Right to Choose: The choices available to Indian consumers across the basket of goods and services have multiplied like telecommunications, travel and tourism, banking, electronics, fast moving consumer goods(FMCG) etc.
According to this right, consumer should be given full freedom to select an article as per his requirement, liking and purchasing capacity. The right to choose is related to the concept of free market economy. As per this right, the seller cannot compel consumer to buy particular product and hence monopoly is prevented.
4) Right to be heard: Every business organization should listen and solve the complaints of consumers. According to this right, consumers have opportunity to voice their complaint to the consumer forum. Consumers also give suggestions to manufacturer or trader on certain matters such as quality, quantity, price, packaging etc. Now a days, consumers can file online complaints through portal or mobile applications.
5) Right to Consumer Education: Every consumer has the right to know about consumer rights and solutions to their problems. This right creates consumer awareness. An aware consumer can make rational choice of goods and services and protect his rights and interests from the exploitation of unscrupulous businessmen. Thus, consumer education becomes a priority concern. It is necessary to give education and training regarding prevailing acts and legal processes. The government, media and NGOs play vital roles in this regard. E.g. 'Jago Grahak Jago'
campaign.
6) Right to Represent: The act provides an opportunity to individuals and consumer groups to represent consumer’s interest before consumer forum. The act allows the consumer to be represented by a person who is not a professional advocate. This provision is in recognition of consumer's right to represent.
7) Right to Redress: Along with the right to represent, right of redressal is also given. Only filing of complaint is not enough to give justice to consumers, so this right implies fair settlement of claims. This right enables the consumer to demand repair or replacement or compensation for defective products and for poor services.
According to consumer protection Act, three tier quasi judicial consumer dispute redressal machinery is established for settlement of claims such as District Commission at District level, State Commission at state level and National Commission at national level. Consumers are protected from business malpractices.
8) Right to Healthy Environment: All consumers have a right to healthy and clean environment. According to this right, consumer can demand actions against the pollution causing business organisations. All consumers have the right to healthy and clean environment in present and future.
9) Right to Protect from unfair business practices: As per this right all consumers are protected against unfair business practices such as black marketing, profiteering, faulty weights and
measures, exorbitant prices, adulteration etc.
10) Right against spurious goods: This right is against the marketing of goods which are hazardous to health, spurious and pose a danger to life itself.
2) Explain the ways and means of Consumer Protection.
Ans: The prevailing judiciary system is not sufficient enough to protect consumers, therefore, there are various ways and means of consumer protection. They are as follows.
1) Lok Adalat:
Lok adalat is the effective and economical system for quick redressal of the public grievances. It can also be referred to as 'People's Court'. It is established by the government to settle disputes by compromise.
The aggrieved party can directly approach the adalat with grievance, and issues are discussed on the spot and decisions are taken immediately. Resolution of disputes by Lok Adalat gets statutory recognition. e.g. MSEDCL, MSRTC, Railway authority, Insurance Companies, Banks etc. organize regular Lok Adalat.
2) Public Interest Litigation (Janahit Yachika)
Public Interest Litigation means a legal action initiated in a court of law regarding a matter of general public interest. It is a legal facility under which any person can approach to the court of law in the interest of the society. Its aim is to provide legal remedy to unrepresented groups of society. The party which is not related to grievance can also file public interest litigation. It is filed in the High Court as well as Supreme Court directly in some cases.
3) Redressal Forums:
Under the Consumer Protection Act, 2019, a system has been set up to deal with the consumer grievances and disputes at district, state and national level. Any individual consumer or association of consumers can file a complaint with respective commission depending on the value of goods and claim for compensation. The main aim of these commissions is to provide for simple, speedy and inexpensive redressal of consumer's grievances.
As per the Act, Consumer Protection Councils at district, state and national level can be set up for promotion and protection of rights of consumers.
4) Awareness Programme:
To increase the level of awareness among the consumers the Government of India has initiated various publicity measures. State and Central Government regularly publishes journals, brochures, booklets and various posters depicting the rights and responsibilities of consumers, redressal machineries etc. Several audio-video programmes on consumer awareness are broadcasted on various channels and through social media. 15th March is observed as 'International Consumer Rights Day' and 24th December is observed as 'National Consumer Day'.
5) Consumer Organizations:
Consumer Organizations have been active in India to promote and protect consumer interests. Consumer movement is well settled in India and helping individuals to seek quick and adequate redressal of their grievances. It is necessary to strengthen consumer movement throughout the country.
6) Consumer Welfare Fund (CWF):
Department of Consumer Affairs has created consumer Welfare Fund for providing financial assistance to strengthen the voluntary consumer movement particularly in rural area. This fund is used for training and research in consumer education, complaint handling, counselling and guidance mechanisms, product testing labs and so on.
7) Legislative Measures:
A number of laws have been enacted in India to safeguard the interest of consumers and protect them from unethical practices of businessman. Some of these laws are as follows:
● Sale of Goods Act, 1930
● Essential Commodities Act, 1955
● Standard of Weights and Measures Act, 1956
● Bureau of Indian Standards Act, 1969
● Food Safety and Standards Act, 2006
● National Food Security Act, 2013
There are a number of laws to safeguard the interests of consumers, but these acts could not
provide complete and fair justice to consumers. Therefore, an exclusive Act has been advocated in
the form of Consumer Protection Act, 2019.
3) Explain the three tier quasi judicial machinery under the Act.
Ans:
1. | Choose the Correct Option | 5 Marks | |
2 | Complete the Correction | 5 Marks | |
3 | Give Economic Term | 5 Marks | |
4 | Find the Odd Word | 5 Marks | |
5 | Complete the following Statements | 5 Marks | |
6 | Assertion and Reasoning Questions | 5 Marks | |
7 | Identify and Explain the Concepts | 6 Marks | |
8 | Distinguish Between | 6 Marks | |
9 | Answer in Brief | 12 Marks | |
10 | State with Reasons, Do you Agree/ Disagree | 12 Marks | |
11 | Table, Diagram, Passage Based Questions | 8 Marks | |
12 | Answer in Detail | 16 Marks |
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