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Chapter 12: Consumer Protection, , 159, , 12.1 Consumer Protection: Consumer Rights and Responsibilities, Consumer Protection: Concept, Concept of Consumer Protection, The concept of consumer protection is to safeguard the interests of the consumers. It adopts measures to protect, consumers from unethical malpractices by businesses and provide a swift redressal of their grievances with regard to:,  Sale of adulterated goods such as adding, inferior substances to the product being sold.,  Sale of counterfeit goods such as selling a, product of lesser value than the real product.,  Sale of sub-standard goods such as the sale, of products that do not meet the prescribed, quality standards.,  Sale of duplicate goods.,  Use of malfunctioning weights and measures, that lead to underweight of products.,  Black marketing and hoarding that eventually leads to scarcity of the product and well as a rise in the, price of the same.,  Overcharging a product, i.e., charging a product above its Maximum Retail Price.,  Supplying of defective goods.,  Advertisements that are misleading, i.e., advertisements that falsely claim a product or a service to be, shown as superior quality, grade or standard when not in real.,  Supply of inferior services, i.e., quality of service lesser than the condition agreed., That is why we, as informed consumers, have to wake up and save ourselves from various types of exploitation, and should complain about it. Consumer protection has a wide scope:, • It not only includes educating consumers about their rights and responsibilities, but also helps in getting, their grievances redressed., • It not only requires a judicial machinery for protecting the interests of consumers but also requires the, consumers to be united and form themselves into consumer associations for protection and promotion of, their interests., , Consumer Rights, The Consumer Protection Act, 2019 confers the following six rights to consumers with a view to empowering, them to fight against any unscrupulous, exploitative and unfair trade practices adopted by sellers, and to promote, and protect their interests., , 1. Right to Safety, • The consumer has a right to be protected against goods and services which are hazardous to life and, health. For instance, electrical appliances which are manufactured with substandard products or do not, conform to the safety norms might cause serious injury., • Thus, consumers are educated that they should use electrical appliances which are ISI marked as this, would be an assurance of such products meeting quality specifications., , 2. Right to be Informed, • The consumer has a right to have complete information about the product he/she intends to buy, including its ingredients, date of manufacture, price, quantity, directions for use, etc.

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Business Studies XII Part-B – by Subhash Dey, , 160, , • It is because of this reason that the legal framework in India requires the manufacturers to provide such, information on the package and label of the product., , 3. Right to be Assured, • The consumer has the freedom to access variety of products at competitive prices., • This implies that the marketers should offer a wide variety of products in terms of quality, brand, prices,, size, etc. and allow the consumer to make a choice from amongst these., , 4. 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 customer service, and grievance cells to redress the problems and grievances of their customers., Top Tip, Many consumer organisations are also working towards this direction and helping consumers in redressal of their, grievances. For example, they provide legal assistance to consumers by way of providing aid, legal advice, etc. in seeking, legal remedy. They may also file complaints in appropriate consumer courts on behalf of the consumers., , 5. Right to Seek Redressal, The consumer has a right to get relief(s) against unfair trade practice or restrictive trade practices or unscrupulous, exploitation in case the product or a service falls short of his expectations. The Consumer Protection Act 2019, provides for redressal to the consumers including:, • Removal of defect in goods or deficiency in services, • Replacement of the defective product with a new one (free from any defect), • Compensation paid for any loss or injury suffered by the consumer due to the negligence of the seller, etc., , 6. Right to Consumer Education, • The consumer has a right to acquire knowledge and to be a well-informed consumer throughout life., • He should be aware about his rights and the reliefs available to him in case of a product or service falling, short of his expectations., Top Tip, , Many consumer organisations and some enlightened businesses are taking an active part in educating consumers in this, respect. For example, consumer organisations and NGOs educate the general public about consumer rights by organising, training programmes, seminars and workshops. They publish periodicals and other publications to impart knowledge, about consumer problems, legal reporting, reliefs available and other matters of interest., , Consumer Responsibilities, While purchasing any goods and services, 1. Be aware about various goods and services available: A consumer should be aware about various goods, and services available in the market so that an intelligent and wise choice can be made., 2. Buy only standardised goods: A consumer should buy only standardised goods as they provide quality, assurance. Thus, he/she should look for ISI mark on electrical goods, FPO mark on food products,, Hallmark on jewellery, AGMARK on agricultural products, etc., 3. Read labels carefully: He/She should read labels carefully so as to have information about price, net, weight, manufacturing and expiry dates, etc., 4. Be honest in your dealings: A consumer should be honest in his/her dealings. He/she should choose only, from legal goods and services and discourage unscrupulous practices like black-marketing, hoarding, etc.

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Chapter 12: Consumer Protection, , 161, , 5. Ensure a fair deal: A consumer must assert himself/herself to ensure that he/she gets a fair deal., 6. Ask for a cash memo: A consumer must ask for a cash memo on purchase of goods or services. This, would serve as a proof of the purchase made., , While using and consuming any goods and services, 1. Learn about the risks associated: A consumer must learn about the risks associated with products and, services, follow manufacturer’s instructions and use the products safely., 2. File a complaint in case of dissatisfaction: A consumer must file a complaint in an appropriate, consumer forum in case of a shortcoming in the quality of goods purchased or services availed. He/She, should not fail to take an action even when the amount involved is small., 3. Respect the environment: A consumer must respect the environment and avoid waste, littering and, contributing to pollution., 4. Form consumer societies which would play an active part in educating consumers and safeguarding, their interests., Top Tip, , Consumer rights, by themselves cannot be effective in achieving the objective of consumer protection. Consumer, protection can, in effect, be achieved only when the consumers also understand their responsibilities. For instance, it is, the responsibility of consumers to form consumer societies which would play an active part in educating consumers and, safeguarding their interests., , 12.2 Consumer Protection Act, 2019, Scope of Consumer Protection Act, 2019, The Consumer protection Act 2019 seeks to protect and promote the consumers’ interest through speedy and, inexpensive redressal of their grievances., • It extends to the whole of India., • It is applicable to all types of businesses whether a manufacturer or a trader and whether supplying goods, or providing services including e-commerce firms., • It applies to both off-line and on-line transactions through electronic means or by tele-shopping or direct, selling or multi-level marketing., , Definition of a ‘Consumer’ as per the Consumer Protection Act 2019, A ‘consumer’ is generally understood as a person who uses or consumes goods or avails of any service., Under the Consumer Protection Act 2019, a consumer is a person who buys any goods or avails services for a, consideration, which has been paid or promised, or partly paid and partly promised, or under any scheme of, deferred payment., • It includes any user of such goods or beneficiary of services if such use is made with the approval of the, buyer., • However, any person who obtains goods or avails services for resale or commercial purpose is not treated, as a consumer and is outside the scope of Consumer Protection Act 2019., , Three-Tier Redressal Machinery under the Consumer Protection Act, 2019, For the redressal of consumer grievances, the Consumer Protection Act 2019 provides for setting up of a three-tier, enforcement machinery at the District, State, and the National levels, known as the District Consumer Disputes, Redressal Commission, State Consumer Disputes Redressal Commission, and the National Consumer Disputes, Redressal Commission. They are briefly referred to as the ‘District Commission’, ‘State Commission’, and the, ‘National Commission’, respectively. While the National Commission is set up by the Central Government, the, State Commissions and the District Commissions are set up, by the State Government.

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Business Studies XII Part-B – by Subhash Dey, , 162, , Setting up of Consumer Mediation Cell, , The Chapter V of the Consumer Protection Act of 2019 provides for a mediation process for settlement of disputes at three levelsNational, State and District with all three being attached to the respective commissions. It is a new provision in the Act 2019 as an, alternate mechanism to ensure faster and speedy dispute settlements by respective commissions., , 1. District Consumer Dispute Redressal Commission (or District Commission), District commission has a jurisdiction to entertain complaints where value of goods or services paid as, consideration does not exceed one crore rupees., Either on the first hearing or at any later stage, if it appears to district commission that there exists elements of, settlement which may be acceptable to the parties, it may direct them to give their consent for settlement of dispute, through mediation within 5 days. In case the parties agree for settlement by mediation and give written consent,, the district commission refers the matter for mediation and the provisions relating to mediation shall apply., However, in the event of failure of settlement by mediation, the district commission proceeds with the complaint., • If the complaint alleges defect in goods which cannot be determined without proper analysis or test of, goods, the commission obtains the sample of goods, seal it and refer to the appropriate authority for analysis., • In case of services, the dispute is settled based on the basis of evidence brought to its notice by the, complainant and can ask for any required information document or records from the service provider for, settlement., If any of the parties are not satisfied by the order of District Commission can appeal against such order, to the State Commission on the grounds of facts or law within a period of 45 days from the date of order., , 2. State Consumer Disputes Redressal Commission (or State Commission), • It is established by the respective state government and ordinarily function at the state capital., • State Commission has a jurisdiction to entertain complaints where value of goods and services paid as, consideration exceeds one crore but does not exceed ten crore rupees., • If any of the parties are not satisfied by the order of State Commission can appeal against such order to, the National Commission within a period of 30 days of such order., , 3. The National Consumer Disputes Redressal Commission (or National Commission), • The National Commission has territorial jurisdiction over the whole country., • National Commission has a jurisdiction to entertain complaints where value of goods or services paid, as consideration exceeds ten crores of rupees., • If any of the parties are not satisfied by the order of National Commission can appeal against such order, to the Supreme Court of India within a period of 30 days of such order., , Reliefs/Remedies Available, Where District or State or National Commission is satisfied about defect in goods, or deficiency in services on, any unfair trade practice or claim for compensation under product liability, issues an order:, 1. To remove the defect in goods or deficiency in service., 2. To replace the defective product with a new one, free from any defect., 3. To refund the price paid for the product, or the charges paid for the service., 4. To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to the, negligence of the opposite party., 5. To pay punitive damages in appropriate circumstances., 6. To discontinue the unfair/ restrictive trade practice and not to repeat it in the future., 7. Not to offer hazardous goods for sale.

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Chapter 12: Consumer Protection, , 163, , 8. To withdraw the hazardous goods from sale., 9. To cease manufacture of hazardous goods and to desist from offering hazardous services., 10. Compensate for any loss or injury suffered by consumer under product liability action and withdraw, hazardous products from being offered for sale etc., Top Tip, Every order of a district commission, the state commission or the national commission is deemed final if no appeal for, such order is made by any of the parties involved in dispute., , Important Terms and Definitions used in the Consumer Protection Act, 2019, , 1. Complaint: Any allegation in writing made by the complainant for obtaining relief w.r.t restrictive trade practice, defect in, goods or deficiency in services provided, overcharging of price or offer of goods or service injurious to life and safety., 2. Complainant: Complainant means one or more consumers, or any voluntary consumer association, central or state government, or the central authority or a legal heir or legal representative or a parent or legal representative in case of a minor., 3. Defect: Any fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in relation to goods, or a product., 4. Deficiency: Any fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in relation to, in relation to any service and includes act of negligence or omission or commission or withholding relevant information which, causes loss or injury to the consumer., 5. Spurious goods: Goods that are falsely claimed to be genuine., 6. Unfair trade practice: A trade practice for the purpose of promoting sale, use or supply of any goods or service falsely, represents its quality, standard, quantity, composition, style or model., 7. Restrictive trade practice: A trade practice which manipulates price or affect the flow of supplies in the market relating to, goods and services in such a manner that an unjustified cost is imposed on the consumer., 8. Injury: Any harm illegally caused to any person in body, mind or property., 9. Product: Any article or goods or substance or raw material or any extended cycle of such product either in gaseous , liquid, or solid state possessing intrinsic value capable of delivery either as assembled or a component produced or manufactured to, trade. It does not include human tissues, blood, blood products and organs., 10. Product Seller: Any person in the course of business imports, sells, distributes, leases, installs, prepares, labels, markets,, repairs, maintains or otherwise involved in placing the product for commercial use or a service provider., 11. Product Liability: Responsibility of a product manufacturer or seller of any product or service to compensate for any harm, caused to a consumer by defective product manufactured or sold or by deficiency in services., , Who can File a Complaint under the Consumer Protection Act, 2019?, 1., 2., 3., 4., 5., 6., 7., , A consumer; or, Any voluntary consumer association registered under any law for the time being in force; or, The Central Government or any State Government; or, The Central Authority; or, One or more consumers, where there are numerous consumers having the same interest; or, In case of death of a consumer, his legal heir or legal representative; or, In case of a consumer being a minor, his parent or legal guardian., , Against whom a complaint can be filed?, 1. In case of any defective good supplied, a complaint can be filed against the manufacturer or seller or, dealer., 2. For any deficient services rendered, a complaint can be filed against the provider of services.