Consumer Rights

Consumer Rights

1. CONSUMER AWARENESS -Aditya Agarwal-X B

2. TABLE OF CONTENTS What is consumer awareness? ........................................................... Slide 3 Features and importance of Consumer Awareness ....................... Slide 4 - 6 Consumer rights ..................................................................................... Slide 7 Consumer responsibilities .................................................................... Slide 8 consumer protection in modern times ............................................... Slide 9 - 10 Consumer Protection Act (Copra) 1986 .......................................... Slide 11 Machinery under the Copra .............................................................. Slide 12 Composition of redressal agencies .................................................. Slide 13 Distribution and fee required for retribution ................................. Slide 14 Consumer rights under the act ........................................................... Slide 15 - 16 Procedure of filing a consumer complaint ....................................... Slide 17 - 19 Consumer Awareness Survey .............................................................. Slide 20 - 21 Conclusion ............................................................................................... Slide 22 Suggestions ............................................................................................. Slide 23 Bibliography ........................................................................................... Slide 24

3. WHAT IS CONSUMER AWARENESS? Consumers are the largest economic group in any country. Consumer awareness means being conscious of having knowledge about the various consumer protection laws, redress mechanism and the consumer rights, These include: right to protection of health and safety from goods and services that the consumer buy. right to be informed about the quality, price, potency, purity and standard of good. right to choose the best from a variety of others etc.

4. FEATURES AND IMPORTANCE OF CONSUMER AWARENESS It is often noticed that the UNAWARE consumers do not get the right goods and services. They are charged a very high price but adulterated or low quality goods are sold to them. The income of every individual is limited. He wants to buy maximum goods and services with his income. He should be able to get satisfaction only by this limited adjustment. Therefore it is necessary that he should get the goods which are measured appropriately and he should not be cheated in any way. For this he should be made AWARE .

5. FEATURES AND IMPORTANCE OF CONSUMER AWARENESS Producers and sellers exploit consumers in many ways Underweighting Taking more price than the market price Selling duplicate goods etc. Big companies through their advertisement also mislead the consumers. Consumer awareness shields them from the exploitation by producers and sellers. Awareness controls people from wastage of money and extravagancy and inspire them to take right decision. Such consumers are not attracted by sale, concession, free gifts, attractive packing etc. People can use their income in a right way and can save money.

6. Many consumers are cheated due to illiteracy, innocence and lack of information. Information about their rights should be provided to them so that they cannot be cheated by producers and sellers. Through consumer awareness they are also made known to the proceedings of laws so that they can help solve their problems. Every member of the society is a consumer. So, if the consumer is aware and rationale, then complete society becomes healthy and alert towards their rights. FEATURES AND IMPORTANCE OF CONSUMER AWARENESS

7. CONSUMER RIGHTS CONSUMER RIGHTS ARE A SET OF RIGHTS GOVERNED BY THE LAW THAT ALLOWS CUSTOMERS TO HAVE THE NECESSARY INFORMATION ABOUT GOODS AND SERVICES WHILE PURCHASING. Right to Safety : Before buying, a consumer can insist on the quality and guarantee of the goods. They should ideally purchase a certified product like BIS, ISI or AGMARK. Right to Choose:  Consumer should have the right to choose from a variety of goods and in a competitive price Right to be informed : The buyers should be informed with all the necessary details of the product, make them act wise, and change the buying decision. Right to Consumer Education : Consumers should be aware of their rights and avoid exploitation. Ignorance can cost them more. Right to seek compensation : The defines that the consumer has the right to seek redress against unfair and cruel practices or exploitation of the consumer. Right to be heard : This means the consumer will get due attention to express their grievances at a suitable forum. Consumer rights and responsibilities are registered under the Consumer Protection Act 1986.

8. CONSUMER RESPONSIBILITIES CONSUMER RESPONSIBILITIES INDICATE THAT CUSTOMERS HAVE A SPECIFIC RESPONSIBILITY TOWARDS THE SOCIETY AND OTHER CONSUMERS AND HELP THEM TO FIGHT AGAINST THE UNFAIR PRACTICE OR AT LEAST BE AWARE OF IT. Responsibility to be aware: A consumer has to be mindful of the safety and quality of products and services before purchasing. Responsibility to think independently : Consumer should be well concerned about what they want and need and therefore make independent choices. Responsibility to speak out : Buyer should be fearless to speak out their grievances and tell traders what they exactly want Responsibility to complain : It’s consumer responsibility to express and file a complaint about their dissatisfaction with goods or services in a sincere and fair manner. Responsibility to be an Ethical Consumer : They should be fair and not engage themselves with any deceptive practice. Consumer rights and responsibilities are registered under the Consumer Protection Act 1986.

9. CONSUMER PROTECTION IN MODERN TIMES In the modern period, the previous traditional legal systems established by Indian kings were replaced by new modern laws. The British introduced the English Common Law in India along with other legislative measures for the public and in turn, the consumers. Some of these legislations are as follows: The Indian Contract Act, 1872 The Sale of Goods Act, 1930 Indian Partnership Act, 1932 The Agricultural Produce(Grading and Marketing) Act, 1937 The Drugs Act, 1940 The Drugs and Cosmetic Act 1940 These legislations proved to be immensely effective in saving the interests of the consumers during the time of the British. The rules were now uniform across the country and not arbitrary to the opinions of the various kings of the Ancient and Medieval periods.

10. CONSUMER PROTECTION IN MODERN TIMES When India attained independence, it adopted the Anglo-Saxon system of administration of justice. Hence, the previous legislation that was established by the British continued to function in independent India. Along with the existing legislation, due to the democratic nature of the Constitution, the prime focus of the laws was the benefit of the general public, who were also consumers. The new legislation enacted after Independence are as follows: The Prevention of Food Adulteration Act, 1954 The Essential Commodities Act, 1955 The Monopolistic Restrictive And Unfair Trade Practises Act, 1969 The Standard of Weights And Measures Act, 1976 The Bureau of Indian Standards Act, 1986 The Consumer Protection Act, 1986 The Trade Marks Act, 1999 The Competition Act, 2002

11. CONSUMER PROTECTION ACT (COPRA) 1986 The Consumer Protection Act was passed in 1986 It came into force from 1st July,1987. Main objectives of the Act are To provide better and all round protection to consumers  To provide effective safeguards against different types of exploitation such as defective goods, deficient services and unfair trade practices. Under this Act, a three tier quasi-judiciary machinery has been set up at District, State and National levels. To assess the effectiveness of this act, a survey is conducted. The findings of the survey are discussed at the end of the presentation.

12. MACHINERY UNDER THE COPRA Under COPRA , three tier quasi-judiciary machinery has been set up at District, State and National levels for Better protection of the interests of consumers To provide simple and speedy redressal of consumer disputes. The three courts are: District Consumer Disputes Redressal Forum (DCDRF) State Consumer Disputes Redressal Commission (SCDRC) National Consumer Disputes Redressal Commission (NCDRC)

13. COMPOSITION OF REDRESSAL AGENCIES At present, 647 District Fora, 35 State Commissions and at the apex level the National Consumer Disputes Redressal Commission (NCDRC) are functioning. As per the Consumer Protection Act, 1986 a consumer complaint can be filed in the : District Consumer Disputes Redressal Forum (DCDRF) : If the value of the claim is up to Rs 20 lakh State Consumer Disputes Redressal Commission (SCDRC) : If the value of the claim exceeds Rs 20 lakhs but is within Rs one crore. National Consumer Disputes Redressal Commission (NCDRC) : If the value of the claim exceeds Rs one crore.

14. DISTRIBUTION AND FEE REQUIRED FOR RETRIBUTION Total Value of goods or services and the compensation claimed (in Rs) Amount of fee payable (in Rs) District Forum Up to one lakh rupees – For complainants who are Below Poverty Line holding Antyodaya Anna Yojana Cards Nil Up to one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders. 100 Above one lakh and up to five lakh rupees 200 Above five lakh and up to ten lakh rupees 400 Above ten lakh and up to twenty lakh rupees 500 State Commission Above twenty lakh and up to fifty lakh rupees 2000 Above fifty lakh and up to one crore rupees 4000 National Commission Above one crore rupees 5000

15. CONSUMER RIGHTS UNDER THE ACT There are six broad consumer rights defined as per the Consumer Protection Act, 1986. These are: RIGHT TO SAFETY The Consumer Protection Act defines this right as a protection against  goods and services  that are ‘hazardous to life and property’. This particularly applies to medicines,  pharmaceuticals , foodstuffs, and automobiles. The right requires all such products of critical nature to life and property to be carefully tested and validated before being marketed to the consumer. RIGHT TO INFORMATION This right mentions the need for consumers to be informed about the quality and quantity of goods being sold. They must be informed about the price of the  product  and have access to other information specific to the product that they wish to consume. RIGHT TO CHOOSE The consumer must have the right to choose between different products at competitive prices. Thus, the concept of a competitive market where many sellers sell similar products must be established to ensure that the consumer can actually choose what to consume and in what quantity. This is to avoid  monopoly  in the market.

16. CONSUMER RIGHTS UNDER THE ACT RIGHT TO SEEK REDRESSAL When a consumer feels exploited, they have the right to approach a  consumer court  to file a complaint. A consumer court is a forum that hears the complaint and provides justice to the party that has been hurt. Thus, if the consumer feels they have been exploited, they can approach the court using this right. RIGHT TO BE HEARD The purpose of this right is to ensure that the consumer gets due recognition in consumer courts or redressal forums. Basically, when a consumer feels exploited, they have the right to approach a consumer court to voice his complaint. This right gives them due respect that their complaint will be duly heard. The right empowers consumers to fearlessly voice their concerns and seek justice in case they are exploited. RIGHT TO CONSUMER EDUCATION Consumers must be  aware  of their rights and must have access to enough information while making consumption decisions. Such information can help them to choose what to purchase, how much to purchase and at what  price . Many consumers in India are not even aware that they are protected by the Act. Unless they know, they cannot seek justice when they are actually hurt or exploited.

17. PROCEDURE OF FILING A CONSUMER COMPLAINT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (DCDRF) : The complaint can be made on plain paper One can file it in person or through an authorized agent, after it has been notarized, through registered post or regular post. It is important that one serves a personal or legal notice to the opposite party before filing the complaint. One will need to file four copies, plus additional copies for each opposite party. Complaint must be filed within two years from the date of the cause of action having arisen. The demand draft should be made out to the President, Consumer Disputes Redressal Forum, (name of) district .

18. PROCEDURE OF FILING A CONSUMER COMPLAINT STATE CONSUMER DISPUTES REDRESSAL COMMISSION (SCDRC) : Cases where the value of goods or services exceeds Rs 20 lakh Orders of the district forum can be challenged here within 30 days of the order being passed. The demand draft should be made in favor of the registrar, (name of) state commission and be payable in that state only. To file an appeal one needs the following: Documents of record with correct name of all parties and their addresses Certified copy of the district forum order More than four additional copies for each respondent for filing an appeal Any conditional delay, interim orders and other petitions to be submitted along with an affidavit A statutory deposit of Rs 25,000 or 50 per cent of the award / compensation amount, whichever is less, is to be made by the appellant / opposite parties.

19. PROCEDURE OF FILING A CONSUMER COMPLAINT NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) A dissatisfied consumer can file a complaint directly with the national commission One can appeal against decisions of the state commission within a month from the date of the order. The court fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission. There is no fee for filing an appeal before the state or national commission. One can appeal against the orders of the national commission in the Supreme Court within a period of 30 days from the passing of order by SCDRC.

20. CONSUMER AWARENESS SURVEY Conducted by Aditya Agarwal

21. No Yes CONSUMER AWARENESS SURVEY Conducted by Aditya Agarwal

22. CONCLUSION Our survey was answered by a small sample size of 97 people all from middle class and upper middle class, technically qualified at a minimum of graduation level and living in metros or Tier II cities. We got some very shocking observations: A good 27% of the population doesn’t check the ingredients of the food items it buys. The deciding factor in that case could be: brand, taste, price or just a favourable prior experience. There is adequate amount of awareness about the manufacturing time stamp of the product the consumers are buying. There is an alarming need of awareness about the different standardization programs, since more than 50% of the population does not check for the standardization marks on the products they are buying. There is a reasonable amount of awareness about comparing different brands selling the same items. Most middle class people buy essential items. However, at times, they do get carried away and end up buying non-essential items. Most people are well aware, well read and firm on their choice about the product they want to buy and usually don’t get influenced by the shopkeeper or friends into compromising their choice or necessity. While most people voice their concern to the shopkeeper when they see an inappropriate product being sold, there is still a 38% population which does not voice their opinions to the shopkeeper. Therefore, there is a need to make consumers aware about their responsibilities. Overall, the consumer courts have been a successful initiative by the Government. Consumers are aware of Consumer Courts, approach them and are also satisfied with the resolutions. However, even these should focus more on spreading the awareness.

23. SUGGESTIONS The Government should arrange various drives and campaigns to increase the awareness among the consumers about their rights and responsibilities. There should be a greater awareness among the consumers about the Consumer courts and Redressal Agencies. The Consumer Court process should be simpler, to reduce the instances of consumers not being able to make complaints due to lack of resources / time / money etc.

24. BIBLIOGRAPHY https://consumerhelpline.gov.in/ConsumerCourt.pdf https://gama.gov.in/ConsumerAwareness.aspx https://en.wikipedia.org/wiki/Consumer_Protection_Act,_1986 https://consumeraffairs.nic.in/organisation-and-units/division/consumer-protection-unit/consumer-rights

25. THANK YOU.