Consumer Rights
Consumer Rights
KORKADU, PUDUCHERRY
NAME : R ARJUN
CLASS : 10TH
[Link] TOPIC
1 ACKNOWLEDGEMENT
2 INTRODUCTION
`3 DEFINITION
`4 CONSUMER MOVEMENT
5 CONSUMER RIGHTS
6 REDRESAL METHOD
7 RESPONSIBILITIES OF A CONSUMER
8 CONSUMER JUSTICE
9 ISI AND AGMARK,HALLMARK
10 ISO CERTIFICATION
11 CONCLUSION
12 BIBLIOGRAPHY
ACKNOWLEDGEMENT
WHO IS A CUSTOMER?
Simply speaking, consumer is a person who consumes or uses various goods and services.
Goods may include consumable goods (like wheat flour, salt, sugar, fruits, etc.) or durable consumer
goods (like television, refrigerator, toaster, mixer, bicycle, etc.). Services that we buy may include
electric power, telephone, transport service, theatre service, etc. Thus, a consumer is one who buys
goods and services for use. If a retail trader buys goods (say stationery items) from a wholesaler, he
is not a consumer but a trader because he buys goods for resale. Is the buyer, who is a consumer,
only expected to use the goods? Not always.
If you buy an exercise book for writing in it yourself, you are the buyer as well as user.
Suppose your father buys food items, they are often meant for consumption by all members of the
family. Or, when he buys detergent powder, it may be used by members of the family and any
person who may be engaged in washing. So, a consumer buys goods which may be used by
members of the family or someone else on behalf of the buyer. Consumer is a person who buys
goods or services to be used or consumed by himself/herself or by someone else on behalf of the
buyer. Goods may include consumable items or durable consumer goods. While services paid for
may be transport, electricity, film-shows and the like.
A „consumer‟ may also be defined as “Anybody who chooses goods and services, spends
money to obtain them and uses them to satisfy his/her needs”. Let us see what is the difference in
position of a consumer of goods and that of a consumer of services. Services that we buy for our
benefit may include transport service, like when we hire a taxi or auto-rickshaw, travel in a public
bus or undertake rail journey to visit any place. If you have your own bicycle or scooter or motor-
cycle, it may need repairs and you take it to a repairing shop. You pay for the service of the person
who does the repair job. You are then a consumer of the service. Electricity or telephones that we
use everyday either at home or at our work place are also services that we consume for which
payment is made.
A film-show seen for entertainment at cinema houses is also an example of service. The main
difference between goods and services consumed is that quality of goods can be physically verified
before buying but the reliability and regularity of services cannot be verified before hand. For
example, while buying a television you can have a demonstration of its functioning, picture quality,
sound, etc. but you cannot verify whether the voltage of electricity supplied will be stable all the
time. You can taste a sample of food item and then buy it or see whether fruits are over-ripe before
buying. But you cannot verify whether a scooter or taxi driver will be cautious enough to avoid
accidents or whether the clarity of sound and picture of a movie will be maintained throughout the
show. Besides, goods we buy can be consumed instantly or over a period of time. We can store
cereals for a week or month, and a refrigerator can be used for sever a years with necessary repairs
from time to time. But we cannot do so with (say) transport services or repairs, electric supply or
telephone service or a film show
CONSUMER MOVEMENT
• Unorganized Consumers: Generally, in India, though we have NGOs and Consumer organizations,
consumers are not organized. Thus, to protect and promote their interest, adequate consumer
protection is required.
WIDESPREAD CONSUMERS:
Exploitation of the Unaware, ignorant consumers might be exploited by marketer and thus,
consumer protection provides safeguard to the consumers from such exploitation. Consumers face
problems in market place due to some common malpractices by shopkeepers which are given
below: Sale of adulterated goods i.e., selling goods by adding something inferior to the product
being sold. Sale of spurious goods i.e., selling something of little value instead of the real product.
Sale of sub-standard goods i.e., sale of goods which do not confirm to prescribed quality standards.
Consumer Movement in India During 1960s, in India, the consumer movement were originated as
social force to protect the interest of consumers against the malpractices adopted by marketer. Some
of the main reasons for Consumer Movement were: Lack of legal system to protect the consumers
from exploitation in the marketplace Rampant food shortages Black marketing
Hoarding Adulteration of food and edible oil Till the 1970s, objectives, set at the time of origin,
were not achieved as consumer organizations largely engaged in writing articles and holding
exhibitions. Then, they formed consumer groups to look into the malpractices in ration shops and
overcrowding in the road passenger transport. Till the 1970s, consumer organizations were largely
engaged in writing articles and holding exhibitions. They formed consumer groups to look into the
malpractices in ration shops and overcrowding in the road passenger transport. More recently, India
witnessed an upsurge in the number of consumer groups.
• People were dissatisfied with the rampant production malpractices. There were no existing rules
or regulations that penalised such behaviour among the public.
• The consumer was responsible for making a thoughtful purchase, and they avoided buying from
sellers/goods with whom they had a terrible experience. Consumer movements started because of
widespread dissatisfaction with such practises.
• The consumer movement as a "social force" in India arose from the need to safeguard and
promote consumers' interests against unethical and unfair trade practises. As a result of all these
efforts, the Indian government took a huge step forward in 1986. It is responsible for enforcing the
Consumer Protection Act of1986, also known as COPRA.
CONSUMER RIGHTS:
• This right gives the freedom to the consumer to choose goods or avail services from a variety of
products at competitive prices.
• It is because of this reason; many firms have set up their own consumer service and grievance
cells. Right to Seek Redressal
• The consumer has a right to get relief in case the product or service falls short of his expectations.
• The Consumer Protection Act provides relief to customers such as replacement of product,
removal of defect in the product, compensation for any loss or injury suffered by the consumer.
Right to be informed.
• The consumer has a right to have complete information about the product he intends to buy such
as ingredients, date of manufacturing, price, quantity, etc.
• 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. Right to Consumer Education • A
consumer has a right to acquire knowledge on matters regarding consumer protection and their
rights and to be a well informed consumer.
• A consumer must be aware about the rights, responsibilities and reliefs made him/her available in
case of a product or service falling short of his expectations.
• Consumer rights empower individuals, ensuring their safety and welfare in the marketplace.
• They provide a legal framework to protect consumers from unfair trade practices and exploitation.
• Consumer rights promote competition, quality and accountability among producers and service
providers.
You know that today consumers face various problems on account of competition in the market,
misleading advertisements, availability of inferior quality of goods and services, etc. Hence
protection of consumers‟ interest has become a matter of serious concern for the Government as
well as public bodies. It is to safeguard the interest of consumers that Government has recognized
certain rights of consumers. In other words, if consumers are to protect themselves from being
exploited or cheated, they have to be given certain rights so that they are in a position to ensure that
sellers of goods and service providers are more careful in dealing with them. For example, one of
the rights of consumers is the right to choose. If you are aware of this right, you may ask for
different varieties of the same product to be shown to you by the shopkeeper so that you can choose
what you like. Sometimes, shopkeepers try to sell a particular brand of product on which they get
higher commission on sale. It may not be of the good quality, or it may be available at a relatively
lower price. This practice can be prevented if you exercise your right to choose the product and visit
other shops if one shop does not have a large variety of the product. Let us now discuss the various
rights of consumers that are provided in the Consumer Protection Act 1986 :
Rights of consumers manifest themselves in remedies and reliefs made available to them. Since the
passing of the Consumer Protection Act, a large number of cases have been reported to the
Consumer Courts and other parallel fora like MRTP Commission. In many cases relief was made
available to the consumer. Reliefs provided include replacement of defective goods, refund of
excess price charged, compensation for deficiency in service, compensation for loss due to unfair
practices, etc. A few exemplary cases are being presented hereunder to give you an ideal of the
(i) Right to safety: Consumers have a right to be protected against marketing of goods
which are injurious to health and life. As a consumer if you are conscious of this right, you
can take precautions to prevent the injury or if injury is caused in spite of precaution, you
have a right to complain against the dealer and even claim compensation. For example, if
you buy any medicine, the pharmacy selling it can be held responsible if the medicine proves
harmful because it was substandard. Again if gas cylinder is used for cooking, you have to
check that it does not leak when it is supplied to you. If it starts leaking afterwards, the
supplier will be liable to pay compensation if the leakage of gas leads to fire and causes
injury or death to anyone.
(ii) Right to be informed: Consumers also have the right to be informed about the quantity,
quality, purity, standard or grade and price of the goods available so that they can make
proper choice before buying any product or service. Also, wherever necessary, the consumer
must be informed about the safety precautions to be taken while using the product to avoid
loss or injury. Taking the example of gas cylinder again, the supplier must inform the user to
stop the flow of gas with the help of the regulator when it is not in use.
(iii) Right to choose: Every consumer has the right to choose the goods needed from a wide
variety of similar goods. Very often dealers and traders try to use pressure tactics to sell
goods of inferior quality. Sometimes, consumers are also carried away by advertisements on
the TV. These possibilities can be avoided if consumers are conscious of this right.
(iv) Right to be heard: This right has three interpretations. Broadly speaking, this right means
that consumers have a right to be consulted by Government and public bodies when
decisions and policies are made affecting consumer interests. Also, consumers have a right
to be heard by manufactures, dealers and advertisers about their opinion on production and
marketing decisions. Thirdly, consumers have the right to be heard in legal proceedings in
law courts dealing with consumer complaints.
(v) Right to seek redressed If and when any consumer has a complaint or grievance due to unfair
trade practices like charging higher price, selling of inferior quality or unsafe products, lack
of regularity in supply of services etc. or if he has suffered loss or injury due to defective or
adulterated products, he has the right to seek remedies. He has a right to get the defective
goods replaced or money refunded by the seller or dealer. He also has the right to seek legal
remedies in the appropriate courts of law. Through this right the consumers are assured that
their complaints will receive due attention. This right also provides for due compensation to
consumers if they have suffered a loss or are put to inconvenience due to the fault of the
supplier or manufacturer.
(vi) Right to consumer education: To prevent market malpractices and exploitation of
consumers, consumer awareness and education are essentially required. For this purpose,
consumer associations, educational institutions and Government policy makers are expected
to enable consumers to be informed and educated about (a) the relevantlaws which are aimed
at preventing unfair trade practice; (b) the ways in which dishonest traders and producers
may try to manipulate market practices to deceive consumers; (c) how consumers can protect
their own interest; and (d) the procedure to be adopted by consumers while making
complaints. Steps have already been taken by many consumer organisation to educate
consumers through pamphlets, journals and posters. TV programmes have also come to play
an effective role in this connection.
OTHER RIGHTS :
1) The right to a Healthy Environment It means the right to a physical, environment that will
enhance the quality of life. This right involves protection against environmental problems over
which the individual consumer has no control. It acknowledges the need to protect and improve the
environment for present and future generations.
2) Ride Codes In view of rising consumer consciousness, State interest and market competition
during last few years some noticeable change has also taken place among business organisations
and their Associations or Federations. As result many of them have formulated certain trade codes
and ethics for improving the general image of the business community. These organisations also
Consumer Protection Act promise to look into the complaints of the Consumers against violation of
these codes. As such, here also, consumers get some rights. In the context an example can be cited
of a code of conduct evolved by the Council for Fair Business Practices, a prominent organisations
of business.
1) They charge only fair and reasonable prices and take every possible step to ensure that prices to
be charged to the consumer are brought to his notice.
2) To take very possible step to ensure that the agents or dealers appointed by him do not charge
prices higher than what are fixed.
3) In times of scarcity, not to withhold or suppress stocks of goods with a view to hoarding and/or
profiteering.
4) Not to produce or trade in spurious goods; or goods of standards lower that specified.
REDRESSAL METHOD:
Redressal is the process through which a consumer seeks to correct a grievance resulting
from unfair practices or defective products. It aims to make amends for any harm caused and restore
the consumer's position to what it would have been had the issue not occurred.
Consumer redress is a policy that requires companies who sell goods and products to abide by all
relevant consumer laws. Consumer laws are a group of rights designed to protect consumers by
allowing them to have proper and courteous treatment when purchasing goods and prevent them
from being misled by companies.
Often, companies want to maintain good relations with their clients to ensure they continue to
receive business from customers and to attract new customers. Sometimes, however, customers are
not treated according to standards set by consumer laws. In those instances they may pursue legal
action through consumer redress over matters involving cars, bonds, home repairs and financial
concerns.
RESPONSIBILITES OF A CONSUMER:
Means right to be protected against the marketing of goods and services, which are hazardous
to life and property. The purchased goods and services availed of should not only meet their
immediate needs, but also fulfil long term interests. Before purchasing, consumers should insist on
the quality of the products as well as on the guarantee of the products and services. They should
preferably purchase quality marked products such as ISI, AGMARK, etc
• Along with rights, consumers also have certain responsibilities towards themselves and
society.
Having examined the consumer rights and the purpose served by them, it is necessary to
consider whether consumers should also be responsible enough to be entitled to exercise their rights.
For instance, to be able to exercise their right to be heard, consumers should avail of the
opportunities to know and keep informed about consumer problems. To exercise their right to seek
redressal of complaints, consumers must take all precautions to choose the right goods at the right
price and learn how to use the products to prevent injury or loss.
(ii) Proof of Transactions: The second responsibility of every consumer is that the
proof of purchase and documents relating to purchase of durable goods should be
invariably obtained and preserved. For example, it is important to get a cash memo
on purchase of goods You should remember that in case you have to make any
complaint about defects in goods, the proof of purchase will enable you to
establish your claim for repair or replacement of the goods. Similarly, durable
consumer goods like TV, refrigerator, etc. carry warranty /guarantee cards issued
by the dealers. The cards entitle you to get the service for repairs and replacement
of parts, free of cost during a certain period after purchase.
(iii) Proper claim: Another responsibility that consumers are expected to bear in
mind is that while making complaints and claiming compensation for loss or
injury, they should not make unreasonably higher claims. Very often, consumers
have to exercise their right to seek redressal in a court. There have been cases in
which consumers claimed huge compensation for no apparent reason. This is
regarded as an irresponsible act which should be avoided.
(IV) (Proper use of Product/services: Some consumers, especially during the
guarantee period, make rough use of the product, thinking that it will be replaced
during the guarantee period. This is not fair on theirpart. They should always use
the products properly. Besides the above responsibilities, consumers should be
conscious of some other responsibilities. They should stick to the agreement made
with manufacturers, traders and service providers. They should make timely
payment in case of credit purchases. They should not tamper with the media of
services, like electric and water meters, bus and train seats, etc. They should
remember that they can exercise their rights only when they are willing to full fill
their responsibilities.
Right to Safety:
Means right to be protected against the marketing of goods and services, which are hazardous to life
and property. The purchased goods and services availed of should not only meet their immediate
needs, but also fulfil long term interests.
Right to be Informed:
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods
so as to protect the consumer against unfair trade [Link] should insist on getting all the
information about the product or service before making a choice or a decision. This will enable him
to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling
techniques.
Rights To Choose:
Means right to be assured, wherever possible of access to variety of goods and services at
competitive price. In case of monopolies, it means right to be assured of satisfactory quality and
service at a fair price. It also includes right to basic goods and services. This is because unrestricted
right of the minority to choose can mean a denial for the majority of its fair share. This right can be
better exercised in a competitive market where a variety of goods are available at competitive prices
Heard Right To Be:
Means that consumer's interests will receive due consideration at appropriate forums. It also
includes right to be represented in various forums formed to consider the consumer's welfare.
The Consumers should form non-political and non-commercial consumer organizations which can
be given representation in various committees formed by the Government and other bodies in.
matters relating to consumers
Means the right to acquire the knowledge and skill to be an informed consumer throughout life.
Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation.
They should know their rights and must exercise them. Only then real consumer protection can be
achieved with success.
• Along with rights, consumers also have certain responsibilities towards themselves and society. •
Responsible consumer behaviour includes conducting market research, reading product labels, and
reporting fraudulent practices.
(i) Responsibility of self-help It is always desirable that a consumer should not depend on the
seller for information and choice as far as possible. As a consumer, you are expected to act
in a responsible manner to protect yourself from being deceived. An informed consumer
can always take care of his/her interest more than anyone else. Also, it is always better to
be forewarned and forearmed rather than getting remedies after suffering a loss or injury.
(ii) Proof of Transactions: The second responsibility of every consumer is that the proof of
purchase and documents relating to purchase of durable goods should be invariably
obtained and preserved. For example, it is important to get a cash memo on purchase of
goods You should remember that in case you have to make any complaint about defects in
goods, the proof of purchase will enable you to establish your claim for repair or
replacement of the goods. Similarly, durable consumer goods like TV, refrigerator, etc.
carry warranty /guarantee cards issued by the dealers. The cards entitle you to get the
service for repairs and replacement of parts, free of cost during a certain period after
purchase.
(iii) Proper claim: Another responsibility that consumers are expected to bear in mind is that
while making complaints and claiming compensation for loss or injury, they should not
make unreasonably higher claims. Very often, consumers have to exercise their right to
seek redressal in a court. There have been cases in which consumers claimed huge
compensation for no apparent reason. This is regarded as an irresponsible act which should
be avoided.
(iv) Proper use of Product/services: Some consumers, especially during the guarantee period,
make rough use of the product, thinking that it will be replaced during the guarantee
period. This is not fair on theirpart. They should always use the products properly. Besides
the above responsibilities, consumers should be conscious of some other responsibilities.
In summary, while both ISI Mark and AGMARK certification aim to assure quality, safety, and
conformity to standards, they apply to different types of products. ISI Mark is more generic and
covers a broad range of industrial and consumer goods, while AGMARK certification is specific to
agricultural products.
What is the ISI Mark?
ISI stands for Indian Standards Institute, which is now known as the Bureau of Indian Standards
(BIS). The ISI mark is a certification mark that indicates that a product conforms to the Indian
Standard. The ISI mark is mandatory for certain products, such as electrical appliances, cement,
LPG cylinders, and food products like packaged drinking water, milk powder, and cooking oil.
The ISI mark ensures that the product meets certain quality standards and is safe for consumers to
use. It also ensures that the product is manufactured according to the prescribed guidelines and that
it has been tested for quality and safety. The ISI mark is recognized and accepted across India, and
products that carry the mark have a higher level of credibility and trust among consumers.
What is AGMARK?
AGMARK is a quality certification mark that is used for agricultural products. The AGMARK
certification is issued by the Directorate of Marketing and Inspection (DMI), which is a part of the
Ministry of Agriculture and Farmers Welfare, Government of India. The AGMARK certification
ensures that the agricultural product meets certain quality standards and is safe for consumption.
The AGMARK certification is used for products such as spices, honey, wheat, pulses, and oilseeds.
The certification process involves testing the product for quality, purity, and adherence to the
prescribed standards. The AGMARK certification is voluntary, and not all agricultural products
carry the mark.
**2. Agmark Certification:** - Agmark is a certification mark given by the Government of India to
agricultural products. - It ensures that the agricultural product meets the quality standards specified
by the Agricultural Produce Grading and Marketing Act of 1937. - Agmark certification is
applicable to various agricultural commodities like grains, pulses, oilseeds, fruits, vegetables,
spices, etc. - The certification ensures that the product is of a certain quality, free from adulteration,
and meets the specified standards. - Agmark certification helps in building trust among consumers
and promoting fair trade practices in the agricultural sector.
**3. Hallmark Certification:** - Hallmark certification is given to precious metal products like
gold, silver, and platinum. - It ensures that the metal product meets the purity standards specified by
the Bureau of Indian Standards (BIS). - Hallmark certification provides assurance of the quality and
purity of the precious metal. - The certification includes testing and hallmarking of the metal
product, which involves checking its purity, fineness, and other quality parameters. - The Hallmark
logo on a precious metal product guarantees its quality, genuineness, and adherence to the specified
standards. In conclusion, the logos of ISI, Agmark, and Hallmark on a product certify its quality
standards. These certifications ensure that the product meets the specified quality parameters, safety
requirements, and purity standards set by the respective authorities. Consumers can rely on these
certifications to make informed decisions about the products they purchase, knowing that they meet
the necessary quality standards.
ISO CERTIFICATION:
ISO receives an increasing number of complaints from consumers about organizations certified to
an ISO management system standard (MSS). As a standards developing organization, we can
neither perform, nor arbitrate disputes about certification. However, we can provide support by
encouraging and facilitating the dialogue between the complainant and other parties involved, in
addition to giving procedural advice to complainants and clarifying the roles of the organizations
involved. We believe that more guidance at the national level about the procedure to follow will
help solving MSS-related complaints. National standards bodies and consumer organizations can
play a key role by offering suitable information to consumers. You can inform on the MSS
complaints procedure and on the options available nationally to the consumers to pursue their case.
Recommendation In order to help consumers with their complaints related to management system
standards, we suggest that you dedicate a part of your website to "MSS complaints handling" with :
• A description of the steps to guide the complainant on how to make a complaint (see page 7 an
example of a typical complaints process) • A list of options available in your country for finding a
resolution to the complaint. See the Standards Australia website ([Link]. [Link]) for an
example of this type of information (text reproduced in the box page 8 ) • A list of useful
publications on the certification system, management system standards (MSS) and conformity
assessment to provide more information to the complainant on the system To help you with this we
have described a complaints procedure you can reproduce on your website and a list of useful
publications.
ISO standards and the certification system ISO is a standards development organization and as such
is only involved in the development of standards. ISO is not in any way involved in the certification
of organizations to any of ISO standards. The certification to ISO standards is done by independent
organizations called certification bodies. They certify organizations against ISO standards and then
they issue a certificate under the name and logo of the certification body itself but referring to the
ISO standard e.g. ISO 9001. The certification body is the organization that has issued the certificate
and has responsibility for the certificate. Certification bodies can be accredited. Accreditation is the
independent evaluation of conformity assessment bodies against recognized standards to ensure
their impartiality and competence. The organization that accredits the certification body is usually
the accreditation body of the country in which the certificate is issued.
Example of a typical complaints process A consumer complains about an organization that claims to
have certification to an ISO management system standard and would like to know how to proceed.
The process described explains the different steps that can be followed to address a complaint.
List of relevant publications On the ISO ([Link]) and International Accreditation Forum ([Link])
websites you will find many helpful publications on MSS certification. These are intended as
background reading.
• Expected Outcomes for Accredited Certification to ISO 14001 Management System Standards
([Link])
Purpose – The purpose of this paper is to examine whether International Organisation for Standards
(ISO) certification affects consumer perceptions of the service provider.
Design/methodology/approach – Data from a questionnaire survey of 204 Spanish consumers of
insurance services is used to investigate whether differences exist in consumer perceptions of the
services provided by ISO 9000-certified firms and non-certified firms in terms of: quality;
satisfaction; and corporate image. Mean and covariance structure analysis (MACS) is employed to
provide reliable analysis of any differences detected. Findings – The paper finds that ISO
certification improves consumers' perceptions with regard to all three variables (quality, satisfaction,
and corporate image). This was especially the case with respect to perceived service quality and
perceived corporate image. The results therefore suggest that ISO 9000 certification enables
companies to realise marketing benefits as a result of enhanced evaluation of service by consumers.
Research limitations/implications – An acknowledged limitation of the study is the high variability
of the effect size estimates for the three variables. Future studies should use larger samples to reduce
such variability. Originality/value – The paper shows that previous studies of the ISO 9000
standards have tended to focus on management and expert opinion rather than the opinion of
customers. The present study addresses this deficiency in the extant literature by seeking the
perspective of the customer, which is of critical importance in assessments of quality and marketing
benefits.
Consumer behaviour is complex and influenced by both internal factors like personality, attitudes,
lifestyle, and external factors like culture, social status, reference groups and marketing. The
research revealed generational differences in shopping habits, with younger consumers more
motivated by trends and peer influence, while older consumers demonstrate brand loyalty.
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