Know Your Consumer Rights

Before we learn about our rights as a consumer, we must understand who a consumer is. For understanding the Act, the Consumer Protection Act, 1986 (CPA) demarcates who is a consumer and who is not. 

As per CPA, a consumer is any person who purchases goods or services for personal, household, or family use. The CPA defines a consumer as someone who buys or uses any product or service with the expectation that it will satisfy their personal or household needs rather than for business or professional purposes.

On the other hand, a person who purchases goods or services for resale or uses in producing other goods or services is not considered a consumer under the CPA.  

Please Note: The CPA also includes persons who use such goods or services with the consumer's permission. For example, if a friend borrows a consumer's car with their permission, they would also be considered a consumer under the CPA.

This article pertains to consumer rights in India. Countries worldwide have various consumer protection laws and regulations that differ across jurisdictions.

Now that you know you are a consumer, per the Consumer Protection Act, 1986, in India. It is time to know what rights the Act provides you to safeguard your interests. 

Knowing About Your Consumer 

Consumer rights protect consumers from unfair business practices and ensure they have access to safe and reliable products and services. Here are some of the key consumer rights: 

A. Right To Safety

It is the consumer's right that their safety is guarded against products and services that pose a potential threat. The right to safety is one of the six consumer rights recognized by CPA. It provides consumers with the right to be protected against goods and services that are hazardous to their health and safety.

Under the CPA, manufacturers, distributors, and sellers of products have a legal responsibility to ensure their products are safe for consumers. They must warn the consumer about goods and services that may threaten their life and property, and it is their negligence that so many consumers in India due to this. 

Food processing, automobile, and healthcare industries often neglect the consumer's rights by not making the consumer aware of potential harm that may occur by using their products. If the consumer faces any damage to his life or property then the consumer has an option to go for litigation in consumer courts which also aggravates the consumer's plight. 

How do you ensure the Right To Safety is Guarded?

The manufacturers, distributors, and sellers must take appropriate measures to eliminate or reduce risks from using their products and services. It includes providing adequate warnings and instructions for safety before the purchase. If they fail to do so, they must be held responsible. 

B. Right To Information

It is the right of the consumer to have complete information about the quality, quantity, potency, purity, standard and price of goods or services. This is especially important for the food and pharma industries to provide consumers with complete information before purchasing and using. 

In our country, this Right To Information is neglected utmost by every industry, leaving the consumer dissatisfied and in darkness. 

How do you ensure the Right To Information is Guarded?

Under the CPA, manufacturers, sellers, and service providers must provide consumers with complete and accurate information about their products and services. It includes information that is entirely truthful about the ingredients, composition, potential side effects of products and the terms and conditions of service contracts.

Consumers also have the right to be informed about the price, quality, and availability of goods and services and the rights and remedies available to them in case of any defects or deficiencies in the products or services.

Landmark Case Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd. is a prominent case that the Supreme Court of India decided in 1995. 

It acts as a precedent, highlights the importance of the right to information under the CPA, and sets a precedent for future cases where consumers seek information about the products and services they have purchased.

C. Right To Choose 

Fair pricing and a wide variety of products and services to choose from are what make the third consumer right, the Right To Choose. India has various market forms like oligopolies, monopolies,etc , which tend to infringe on consumers' rights with their unfair trade practices. 

How to ensure the guarding of the Right To Choose?

The manufacturers, distributors, and sellers of products and service providers must provide consumers with a wide range of options. They are not allowed to limit the choices available to consumers or engage in unfair trade practices that may restrict consumer choice.

Landmark case Cadila Healthcare Ltd. v. Gujarat State Civil Supplies Corporation Ltd., which the Supreme Court of India decided in 2001.

The apex court held the importance of the right to choose under the Indian CPA and set a precedent for future cases where consumers sought to protect their right to choose from various products and services at competitive prices.

D. Right To Be Heard

An aggrieved customer or a distressed customer wants to be heard. That is the first step of empowering the consumers by providing them with consumer grievance forums to express their complaints fearlessly. 

The right to be heard is guarded with the establishment of national, state, and district consumer protection councils. It also includes the right to representation, fair and just treatment, and speedy recovery. 

The Landmark case Maruti Udyog Ltd. v. Ram Lal, decided by the National Consumer Disputes Redressal Commission (NCDRC) in 1999, established the importance of the right to be heard. It set a precedent for future cases where consumers sought to redress their grievances. 

E. Right To Redressal

It is one of the 6 consumer rights that is a step to provide the right relief to the customers. The CPA provides for establishing district, state, and national level consumer redressal forums. As per the Indian CPA, consumers can seek redressal for any harm caused by the seller or service provider.

The right to redress includes:

1. The right to receive compensation for any loss or damage suffered due to the use of defective goods or services.

2. The right to replace defective goods.

3. The right to cancel contracts in certain circumstances.

If you are an aggrieved consumer and have suffered any loss or damage, it is time to redress with consumer forums. How efficient these consumer grievance forums are is another topic that needs to be addressed soon. As per the current scenario, these consumer redressal forums have not provided much relief to distressed consumers for varied reasons. 

F. Right To Consumer Education 

Prevention is better than cure. With this in regard, the sixth right of the consumer comes to the highlight. This right provides that the common consumer must be well versed about his rights and responsibilities, enabling them to make informed decisions while purchasing goods or services.

Under the CPA, the government must promote and protect the rights of consumers, including their right to education. Not only does the govt have to do all to educate the consumer, but schools and colleges can do the same. They can use formal education to give comprehensive information, which helps the consumers understand how to be more informed before making the final purchase. 

The Act mandates that the government, along with consumer organizations and other stakeholders, should create and promote consumer education programs that provide information on consumer rights, remedies, and the available redressal mechanism.

The consumer is the king, and efforts must be taken by the government. Sellers, dealers, & service providers that the consumer is always treated so by not following unfair trade practices. 

Author: Rohini Nijhawan

B.com ,

MBA,

LLB,

LLM, Pursuing Ph.D. in Law