CONSUMER RIGHTS - Q&A

1. Talk to people around you and find out one or two instances of their getting exploited in the market.
(Answer will vary based on personal experience. Here is a sample answer)
Instance 1: My neighbour bought a packet of biscuits from a local shop. The shopkeeper charged Rs. 2 extra for cooling charges, which is above the Maximum Retail Price (MRP). This is a case of overcharging.
Instance 2: A friend purchased a pair of shoes which tore within two days of walking. The shopkeeper refused to exchange them or provide a refund, claiming "no guarantee". This is a case of selling defective goods.

2. Based on the discussion with such people, decide which legal measures were taken by them to solve the problem.
(Sample Answer)
In most cases, people did not take legal action due to the small amount of money involved or lack of awareness. However, in the case of a faulty refrigerator where the company refused service, the consumer sent a legal notice to the company citing the warranty card, which eventually led to the company replacing the compressor.

1. For the following (You are buying) – What checks would you keep in mind?
1. Medicines: Check the Expiry Date, Batch Number, Manufacturing Date, and ensure the seal is intact.
2. LPG Cylinder: Check the seal integrity, net weight, and ensure there is no leakage.
3. Chocolates: Check for the green/brown dot (veg/non-veg), Manufacturing and Expiry Date, and MRP.
4. Vegetable Oil: Check for the 'Agmark' logo to ensure purity, Expiry Date, and integrity of the packaging.
5. Electronics: Check for the 'ISI' mark (for safety standards), Warranty Card, and ask for a proper Bill with GST.

2. Pick up a few packaged goods that you want to buy and examine the information given. In what ways are they useful?
Information found on packaged goods: MRP, Net Weight, Manufacturing Date, Expiry Date, Ingredients, Manufacturer's Address, Customer Care Number.
Usefulness:
1. MRP: Ensures we are not overcharged.
2. Expiry Date: Ensures the product is safe to consume.
3. Ingredients: Helps people with allergies or dietary preferences know what they are eating.
4. Customer Care: Provides a way to complain or give feedback.

3. People make complaints about the lack of proper services from public facilities such as sanitation, transport, water and electricity. In what ways do you think people can intervene?
People can intervene by:
1. Filing complaints with the respective department's local office.
2. Using the Right to Information (RTI) Act to demand details on why services are deficient.
3. Forming Resident Welfare Associations (RWAs) to collectively represent grievances.
4. Approaching consumer courts if they are paying for these services and not receiving them.

1. Look at the poster '30-Grahak-30' on page 82 and explain the need for Consumer Protection Act 1986.
The poster likely depicts various ways consumers are exploited. The Consumer Protection Act 1986 (COPRA) is needed to:
1. Protect consumers from unfair trade practices like adulteration, black marketing, and hoarding.
2. Provide a legal mechanism (Consumer Forums) for simple, speedy, and inexpensive redressal of grievances.
3. Recognize and enforce consumer rights such as the right to safety, information, and choice.

2. Find out the details of who provides legal aid to consumers in the nearest consumer court.
Legal aid in consumer courts is often provided by:
1. State Legal Services Authorities: They provide free legal aid to eligible consumers (like those with low income).
2. Consumer Organizations/NGOs: Many NGOs help consumers file cases and represent them if needed.
3. Legal Aid Clinics: Attached to law colleges or district courts.

3. The following are some of the catchwords of consumer rights. Search for the case details in the following and categorize the rights which were denied to the consumers.

• You don't have to practise the medical profession to know that... (Reza's Case)
Case: Reza suffered from anesthesia negligence during a minor surgery, affecting his mental health.
Right Denied: Right to Safety (Protection against hazardous services) and Right to Seek Redressal.

• "You will sell what I wish to sell" (Raman's Case)
Case: Raman wanted to buy only powder, but the shopkeeper insisted he buy soap with it.
Right Denied: Right to Choose (Consumer has the right to select goods at competitive prices).

• "Can I have my money back?" (Abirami's Case)
Case: Abirami joined a coaching centre but found the quality poor. They refused to refund her fees when she opted out.
Right Denied: Right to Seek Redressal (Right to get compensation for unfair trade practices).

• "...but I want to check the ingredients." (Rama's Case)
Case: Rama wanted to verify ingredients/expiry on a packet, but the shopkeeper covered it or refused to show.
Right Denied: Right to Information (Right to be informed about quality, quantity, potency, purity, standard and price).

1. Arrange the following in the correct order.
(a) You notice that the dealer has given you a defective commodity.
(b) You send a notice to the dealer and then file a complaint in the consumer court.
(c) You save money and go to a shop to buy a property.
(d) You file a case in the district consumer court.
(e) You buy a property after agreeing on the price and getting a receipt.
(f) The court passes a verdict in your favour.
(g) You get a copy of the court verdict.
Correct Order:
(c) You save money and go to a shop to buy a property.
(e) You buy a property after agreeing on the price and getting a receipt.
(a) You notice that the dealer has given you a defective commodity.
(b) You send a notice to the dealer and then file a complaint in the consumer court.
(d) You file a case in the district consumer court.
(f) The court passes a verdict in your favour.
(g) You get a copy of the court verdict.

2. What is the difference between the consumer protection council and the consumer court?
Consumer Protection Council: These are bodies formed at district, state, and national levels to promote and protect the rights of consumers. They create awareness and guide consumers on how to file cases, but they do not pass judgments.
Consumer Court (Consumer Disputes Redressal Commission): These are quasi-judicial bodies (courts) established to hear cases and resolve disputes. They have the power to punish culprits, order compensation, and enforce the law.

1. Why are rules and regulations required in the marketplace? Illustrate with a few examples.
Rules and regulations are required to protect consumers from exploitation and unfair trade practices. Individual consumers are often weak compared to powerful producers.
Examples:
1. Adulteration: Without rules, milkmen might add water to milk or traders might mix stones in rice.
2. False Claims: A company might claim a powder increases height without scientific proof. Rules prevent such misleading ads.
3. Safety: Electronic items without safety standards (like ISI) can cause electric shocks or fires.

2. What are the factors that gave birth to the consumer movement in India? Trace its evolution.
Factors:
1. Rampant food shortages and hoarding.
2. Black marketing and adulteration of food and edible oil.
3. Lack of legal recourse for consumers.
Evolution:
- 1960s: Started as a social force with articles and exhibitions.
- 1970s: Formation of consumer groups to look into malpractices in ration shops and overcrowding in transport.
- 1986: The movement resulted in the enactment of the Consumer Protection Act (COPRA), a major landmark.

3. Explain the need for consumer consciousness by giving two examples.
Consumer consciousness is needed to avoid being cheated and to ensure we get value for money.
Example 1: While buying a fan, a conscious consumer will look for the ISI mark. If they don't, they might buy a substandard product that is dangerous.
Example 2: While buying medicine, a conscious consumer checks the expiry date. Without this, they might consume expired medicine which is harmful to health.

4. Mention a few factors which cause exploitation of consumers.
1. Limited Information: Consumers often don't have full knowledge about the product/service.
2. Limited Supply: When goods are scarce, sellers can dictate terms and prices (hoarding).
3. Limited Competition: In monopolies, producers can charge high prices and offer low quality.
4. Illiteracy: Consumers who cannot read labels are easily duped.

5. What is the rationale behind the enactment of Consumer Protection Act 1986?
The rationale was to protect the interest of consumers against exploitation. Earlier, consumers had to go to ordinary courts, which was expensive and time-consuming. COPRA 1986 established a specific three-tier quasi-judicial machinery (District, State, National) to provide simple, speedy, and inexpensive redressal to consumer grievances.

6. Describe some of your duties as consumers if you visit a shopping complex in your locality.
1. Check the MRP and bargain if the seller asks for more.
2. Check the Manufacturing and Expiry dates on packaged goods.
3. Ask for a Cash Memo (Bill) to have proof of purchase.
4. Look for quality certification marks like Agmark, ISI, or Hallmark depending on the product.

7. Suppose you buy a bottle of honey and a biscuit packet. Which logo or mark you will have to look for and why?
Honey: Look for the Agmark logo. It certifies the purity and quality of agricultural products like honey.
Biscuit: Look for the ISI mark (or FSSAI logo). It ensures the food safety and standard of the product.

8. What legal measures were taken by the government to empower the consumers in India?
1. Enactment of the Consumer Protection Act (COPRA) 1986 (and later 2019).
2. Establishment of a three-tier judicial machinery (District, State, National commissions).
3. Enactment of the Right to Information (RTI) Act 2005.
4. Standardization of products through bureaus like BIS (ISI mark) and Agmark.

9. Mention some of the rights of consumers and write a few sentences on each.
1. Right to Safety: Protection against goods/services hazardous to life (e.g., faulty electricals).
2. Right to Information: Right to know details like ingredients, price, and expiry date.
3. Right to Choose: Right to select from a variety of goods at competitive prices.
4. Right to Seek Redressal: Right to get compensation for unfair trade practices.
5. Right to Represent: Right to be heard in consumer forums.

10. By what means can the consumers express their solidarity?
Consumers can express solidarity by:
1. Forming Consumer Groups or forums to fight against malpractices.
2. Participating in awareness campaigns.
3. Observing National Consumers' Day (December 24).
4. Collectively boycotting products that use unfair practices.

11. Critically examine the progress of consumer movement in India.
Positive Progress: The movement has successfully enacted laws (COPRA), created a vast network of consumer courts, and increased awareness through campaigns like "Jago Grahak Jago".
Challenges/Critique: The process of redressal is still becoming expensive and time-consuming. Lawyers are often needed. There is still low awareness among the rural illiterate population. Enforcement of laws is sometimes weak.

12. Match the following.
(i) Availing details of ingredients of a product -> (e) Right to Information
(ii) Agmark -> (c) Certification of edible oil and cereals
(iii) Accident due to faulty engine in a scooter -> (a) Right to Safety
(iv) District Consumer Commission -> (b) Dealing with consumer cases
(v) Consumer International -> (f) Global level institution of consumer welfare groups
(vi) Bureau of Indian Standards -> (d) Agency that develops standards for goods and services

13. Say True or False.
(i) COPRA applies only to goods.
False. (It applies to both goods and services).
(ii) India is one of the many countries that have exclusive courts for consumer redressal.
True.
(iii) When a consumer feels that he has been exploited, he must file a case in the District Consumer Commission.
True. (Assuming the claim value is within the district limit).
(iv) It is worthwhile to move to consumer courts only if the damages incurred are of high value.
False. (Consumers should fight against injustice even for small values to discourage unfair practices).
(v) Hallmark is the certification maintained for standardisation of jewellery.
True.
(vi) The consumer redressal process is very simple and quick.
False. (In reality, it can be time-consuming and sometimes expensive due to lawyer fees).
(vii) A consumer has the right to get compensation depending on the degree of the damage.
True.