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Understanding Consumer Rights and Behavior

The document outlines the concept of consumers, their rights, and the grievance redressal mechanisms in India under the Consumer Protection Act, 2019. It details the consumer buying process, post-purchase behavior, and factors affecting consumer grievances, as well as the roles of consumer organizations and the legal framework supporting consumer rights. Additionally, it discusses the importance of grievance redressal and provides a step-by-step guide for filing complaints.

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0% found this document useful (0 votes)
13 views14 pages

Understanding Consumer Rights and Behavior

The document outlines the concept of consumers, their rights, and the grievance redressal mechanisms in India under the Consumer Protection Act, 2019. It details the consumer buying process, post-purchase behavior, and factors affecting consumer grievances, as well as the roles of consumer organizations and the legal framework supporting consumer rights. Additionally, it discusses the importance of grievance redressal and provides a step-by-step guide for filing complaints.

Uploaded by

tanishqkhanna006
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Unit 1: Introduc on

1. Concept of Consumer

Introduc on: A consumer is the end user of goods and services who purchases them for personal
consump on and not for commercial resale. The understanding of who qualifies as a consumer is
founda onal to consumer rights and protec on laws.

Detailed Points:

 Legal Defini on (Sec on 2(7), CPA 2019): A consumer is any person who buys goods or
avails any service for considera on, which may be paid, promised, partly paid or under a
system of deferred payments. This includes purchases made online, offline, through apps,
websites, or physical stores.

 Inclusion of Beneficiaries: Anyone who uses goods or services with the approval of the buyer
is also treated as a consumer.

 Inclusion of E-commerce Consumers: E-consumers face newer challenges such as data


privacy breaches, counterfeit goods, and ambiguous return policies. These are now included
under CPA 2019.

 Exclusion of Commercial Buyers: Individuals purchasing goods or services for commercial


resale or business purposes are not protected under CPA. For example, a retailer buying
items for resale is not a consumer under the Act.

 Self-Employment Clause: If a person purchases goods or services exclusively for earning


livelihood by means of self-employment (e.g., a rickshaw puller buying a rickshaw), he/she is
included under the term "consumer".

2. Consumer Buying Process

Introduc on: Understanding how consumers make purchasing decisions is key to analysing their
expecta ons, complaints, and post-purchase behavior.

Stages Explained:

1. Need Recogni on: Buying starts when the consumer feels a difference between current and
desired state – a problem or need.

2. Informa on Search: Internal sources (past experience) or external sources (ads, friends,
reviews) are used to iden fy alterna ves.

3. Evalua on of Alterna ves: Consumers compare features, quality, price, availability, warranty,
brand reputa on.

4. Purchase Decision: Influenced by pricing, peer recommenda ons, promo onal offers,
product availability, and a er-sale service.

5. Post-Purchase Behavior: Consumer evaluates sa sfac on. If performance is less than


expected, it leads to dissa sfac on and complaint.

3. Post-Purchase Behaviour

Introduc on: This refers to consumer reac ons and behavioral outcomes a er a purchase has been
made.
Explained Aspects:

 Cogni ve Dissonance: A state of psychological discomfort or regret a er purchase, especially


for expensive or unfamiliar goods.

 Sa sfac on/Dissa sfac on: If product meets or exceeds expecta ons, it leads to
sa sfac on; otherwise, complaints and nega ve reviews.

 Repeat Purchase Inten ons: Sa sfac on leads to brand loyalty and repurchase.

 Feedback and Complaints: Nega ve experiences o en lead to formal grievances or brand


switching.

4. Factors Affec ng Voicing of Consumer Grievances

Introduc on: Many consumers, even if dissa sfied, choose not to complain. Understanding these
barriers helps in strengthening consumer protec on.

Detailed Explana on:

 Consumer Awareness: Lack of knowledge about rights and redressal mechanisms leads to
inac on.

 Perceived Outcome: If consumers believe complaints will not lead to remedy, they avoid
voicing grievances.

 Accessibility of Redressal: Physical and digital barriers, such as complex procedures, lack of
internet access, discourage complaint lodging.

 Cost of Lodging Complaint: Legal or procedural cost, me, travel – especially for low-value
disputes.

 Psychological Factors: Fear of confronta on, apathy, social pressure, or language barriers.

 Severity of Issue: Consumers ignore small issues but react to significant financial or physical
harm.

5. Alterna ves Available to Dissa sfied Consumers

Private Ac on:

 Exit Strategy: Consumer stops using the brand or switches to compe tor.

 Nega ve Word of Mouth: Shares experience through social media or peer networks.

 Direct Nego a on: Communica ng grievances to the brand or seller informally.

Public Ac on:

 Legal Complaint: Filing complaint under CPA 2019.

 Regulatory Authori es: Filing to specific sector regulators (e.g., TRAI, RERA).

 Voluntary Consumer Organisa ons (VCOs): NGOs helping consumers through counselling,
complaint wri ng, and court representa on.

6. Complaint Handling Process: ISO 10000 Suite


Overview: ISO 10000 series guides businesses to establish robust grievance handling systems.

Key Standards:

 ISO 10001: Principles for code of conduct regarding product promises.

 ISO 10002:2018: Detailed framework to register, inves gate and resolve complaints quickly
and fairly.

 ISO 10003: Steps for external resolu on (e.g., arbitra on, ombudsman).

Stepwise Process:

1. Acknowledgement → 2. Evalua on → 3. Inves ga on → 4. Resolu on → 5. Follow-up

7. Nature of Markets: Liberalisa on and Globalisa on

Post-1991 Reforms:

 Reduced import restric ons and encouraged private sector involvement.

 Entry of mul na onal companies.

 Increased product variety, innova on, and aggressive marke ng.

Impacts on Consumer:

 Be er quality but more complex choices.

 Higher expecta ons and risk.

 Need for robust grievance mechanisms.

8. Socio-Economic Classifica on (SEC)

Detailed Aspects:

 Parameters: Educa on level of household head and ownership of key consumer durables
(TV, refrigerator, vehicles).

 Usage: Helps companies design market strategies, pricing, product features.

 Importance: SEC A1 are target for premium products; E3 for affordable mass products.

9. Online and Offline Markets

Key Differences:

 Online: Price transparency, easy comparisons, convenience.

 Risks: Delay, fake reviews, delivery fraud.

 Offline: Physical inspec on, trusted seller networks, human interac on.

Blended Model: Omni-channel strategies are now adopted – order online, pick up in store.

10. Types of Markets: Organized, Unorganized, Grey

Explained:

 Organized: Big retailers, e-commerce players with tax compliance, quality checks.
 Unorganized: Small roadside vendors, hawkers. No formal complaint mechanisms.

 Grey: Genuine goods through unofficial channels, o en without warranty or service.

11. Price Concepts: Retail, Wholesale, MRP, Fair Price

Defini ons:

 Retail Price: Final consumer price, o en same as MRP.

 Wholesale Price: Bulk price offered to retailers.

 MRP: Maximum retail price printed on packaging, sellers can't exceed.

 Fair Price: Govt-controlled rate (e.g., ra on system) for BPL families.

12. Labelling and Packaging: Legal Aspects

Requirements:

 Product name, ingredients, batch number, expiry, manufacturer details, price.

 FSSAI: Governs food products.

 Legal Metrology Act, 2009: Ensures unit, quan ty, weight and packaging are accurate.

 BIS Cer fica on: For ISI-marked products.

Unit 2: Consumer Rights and Responsibili es

1. Consumer Rights under the Consumer Protec on Act, 2019

The Consumer Protec on Act, 2019 replaces the 1986 Act and enhances the framework for
protec ng consumers. It came into force on 20 July 2020.

Key Rights:

1. Right to Safety:

o Protec on against hazardous goods and services.

o Applies especially to electrical appliances, cosme cs, food items, and


pharmaceu cals.

o Example: A faulty mobile ba ery that explodes violates this right.

2. Right to be Informed:

o Right to know quan ty, quality, potency, purity, standard, and price.

o Includes proper labeling, price tags, expiry, manufacturing details.

o Example: MRP being hidden or tampered with is a viola on.

3. Right to Choose:

o Access to a variety of products and services at compe ve prices without


monopolies or forced bundling.
o Unfair tying of products (e.g., forcing insurance with loans) is a viola on.

4. Right to be Heard:

o Consumer voices must be acknowledged and taken seriously by businesses.

o Grievance redressal systems should be in place.

o Example: Every e-commerce pla orm must have a customer support system.

5. Right to Redressal:

o Right to fair se lement and compensa on.

o Accessible forums: District, State, Na onal Commissions.

o Introduc on of media on cells under CPA 2019 makes this faster.

6. Right to Consumer Educa on:

o Consumers must be educated about rights and responsibili es.

o Inclusion in school curricula and campaigns like “Jago Grahak Jago.”

2. Consumer Responsibili es

Rights come with responsibili es to ensure fair marketplace par cipa on.

1. Be Aware:

o Stay informed about products and services before purchase.

2. Read Labels Carefully:

o Ingredients, expiry date, manufacturing details, and usage instruc ons should be
examined.

3. Insist on Bills:

o Always ask for a bill/invoice. It serves as legal proof for redressal.

4. Report Unfair Prac ces:

o Raise voice against malprac ce through complaints or reviews.

5. Use Products Properly:

o Avoid misuse or misapplica on of products to prevent harm.

6. Support Ethical Businesses:

o Reward companies that are consumer-conscious and responsible.

3. Consumer Movement in India

Defini on:
The collec ve effort by consumers and organiza ons to promote and protect consumer interests.
Key Historical Developments:

 1960s-70s: Beginning of informal movements by educated urban elites.

 1986: Formal legal backing with Consumer Protec on Act, 1986.

 Jago Grahak Jago Campaign (2005): Major awareness boost.

 2020: Updated Consumer Protec on Act to suit digital economy.

Tools of the Movement:

 Public protests

 Media campaigns

 Social media mobiliza on

 RTI filings

 PILs (Public Interest Li ga ons)

Landmark Cases:

 Indian Medical Associa on v. V.P. Shantha (1995) – Included medical services under CPA.

 Rupasi Mul plex Case – Charged extra for water, led to strong movement.

4. Consumer Organiza ons and NGOs

Defini on:
Voluntary non-profit groups working to assist and empower consumers.

Key Func ons:

 Legal support and complaint filing

 Consumer awareness campaigns

 Product tes ng and cer fica on (compara ve tes ng)

 Government advocacy and policy sugges ons

 Educa on programs in schools, colleges

Famous Indian NGOs:

1. Consumer Guidance Society of India (CGSI) – Established 1966, oldest.

2. CUTS Interna onal (Jaipur) – Research and advocacy.

3. Consumer Voice (Delhi) – Compara ve product tes ng and ra ngs.

4. Akhil Bhara ya Grahak Panchayat – Grassroot-level ac vi es.

Global Organiza ons:

 Consumers Interna onal – Umbrella body for NGOs globally.


 India is a member and celebrates World Consumer Rights Day on March 15.

5. Legal Framework for Consumer Protec on in India

Beyond the Consumer Protec on Act, many other laws safeguard consumers:

Law Purpose

The Legal Metrology Act, 2009 Ensures standard packaging, weights, measures

The Food Safety and Standards Act, 2006 Controls food quality via FSSAI

Drugs and Cosme cs Act, 1940 Ensures medicine and cosme c safety

BIS Act, 2016 Cer fica on through ISI marks

Essen al Commodi es Act, 1955 Regulates price and distribu on of essen als

Compe on Act, 2002 Prevents monopolies and promotes fair trade

Bureau of Indian Standards (BIS) Sets and enforces quality standards

Unit 3: Consumer Grievance Redressal Mechanism

1. Grievance Redressal: Meaning and Importance

Grievance Redressal refers to the structured process through which a consumer can raise a
complaint regarding a defec ve product, deficient service, unfair trade prac ce, or overcharging —
and receive appropriate jus ce, compensa on, or replacement.

Importance:

 Ensures protec on of consumer rights.

 Builds trust between consumers and sellers.

 Encourages fair business prac ces.

 Acts as a deterrent for malprac ce.

 Empowers consumers to hold corpora ons accountable.

2. Consumer Protec on Act, 2019: A Quick Overview

 Replaces the 1986 Act to include e-commerce, product liability, and media on.

 Introduces Central Consumer Protec on Authority (CCPA) for faster ac on on unfair trade
prac ces and misleading ads.

 Streamlines the dispute redressal system via District, State, and Na onal Commissions.
3. 3-Tier Consumer Dispute Redressal Commissions

Jurisdic on (Value of Goods/Services +


Level Headed By Appeal Lies To
Compensa on)

District President (District


Up to ₹50 lakhs State Commission
Commission Judge)

President (HC Na onal


State Commission ₹50 lakhs – ₹2 crores
Judge) Commission

Na onal President (SC


Above ₹2 crores Supreme Court
Commission Judge)

Key Features:

 Filing can be done online via E-Daakhil portal.

 No court fee for claims below ₹5 lakh.

 Proceedings are less formal, quasi-judicial in nature.

 Can grant compensa on, refund, replacement, and puni ve damages.

4. Procedure to File a Complaint

Step-by-Step Process:

1. Dra a Complaint: Include name, address, facts of the case, relief sought.

2. A ach Documents: Bill, warranty card, communica on history, etc.

3. Jurisdic on Check: File at the district/state/na onal level based on value.

4. Submit on E-Daakhil portal: h ps://[Link]

5. Respondent No ce: Opposite party is no fied to reply.

6. Hearing & Evidence: Short hearings; documents and witnesses examined.

7. Judgment Issued: Can order compensa on, refund, penalty, or imprisonment in extreme
cases.

8. Appeal Op on: If dissa sfied, appeal within 30 days to the higher forum.

5. Media on under CPA 2019

 Media on Cells established at each Commission.

 Voluntary, me-bound (within 3 months).

 Saves me, legal fees, and preserves rela onships.

 Decision is binding if accepted and signed.


6. Real- me Grievance Redressal Pla orms in India

1. E-Daakhil Portal (2020)

o Digital pla orm for filing and tracking complaints.

o Email/SMS updates, video hearing.

2. CPGRAMS (Centralized Public Grievance Redress and Monitoring System)

o For complaints against government departments.

3. Consumer App by CCPA

o File complaints directly through mobile.

4. Sector-Specific Pla orms:

Sector Pla orm

Banking RBI Ombudsman

Insurance IRDAI Grievance Cell (IGMS)

Telecom TRAI & PG Portal

Airlines AirSewa App

E-commerce Internal grievance redressal (mandatory under CPA 2019)

7. Case Studies and Examples

a) McDonald's Overcharging for Bo led Water

 Consumer filed complaint over being charged more than MRP.

 Commission ruled in favor of the consumer.

 Promoted awareness of pricing rights.

b) Amazon Wrong Product Delivery Case

 A student ordered a laptop, received soap bars.

 A er failed internal grievance resolu on, approached District Commission.

 Amazon was fined and ordered to refund + compensa on.

c) Insurance Claim Denial – IRDAI Interven on

 Senior ci zen’s health claim rejected unfairly.

 A er filing on IGMS, claim was processed with compensa on.


8. Issues in Grievance Redressal

Challenge Explana on

Delayed Jus ce Cases take months/years despite “summary” procedure

Poor Awareness Many consumers unaware of redressal rights or pla orms

Corporate Manipula on Powerful legal teams of companies exploit loopholes

Rural Accessibility Redressal pla orms not as func onal in rural India

Non-enforcement of Orders Even a er winning, consumers face trouble in ge ng refunds

Unit 3: Consumer Grievance Redressal Mechanism

1. Introduc on

Consumer grievance redressal is a vital mechanism to protect consumers from unfair prac ces,
defec ve goods, and deficient services. The Consumer Protec on Act, 2019 has revamped the
grievance redressal framework to provide faster, simpler, and more accessible remedies. The
mechanism empowers consumers to file complaints, seek compensa on, and enforce their rights
without requiring costly legal representa on.

2. Consumer Disputes Redressal Commissions

The Act establishes a three- er quasi-judicial system with varying jurisdic on limits:

 District Consumer Disputes Redressal Commission:


This is the first level, situated at the district headquarters. It entertains complaints where the
value of goods or services and compensa on claimed is up to ₹50 lakhs. It provides
consumers a local, accessible forum for disputes involving rela vely smaller amounts. The
District Commission also handles appeals from consumer fora or lower bodies.

 State Consumer Disputes Redressal Commission:


The intermediate forum located at the state capital or designated ci es. It has jurisdic on
over disputes involving claim values above ₹50 lakhs but not exceeding ₹2 crores. It acts as
both a trial and appellate authority for cases beyond the district level, ensuring more
complex cases get adequate a en on.

 Na onal Consumer Disputes Redressal Commission:


The apex consumer forum at the na onal level handles complaints where the value exceeds
₹2 crores or where appeals are filed against orders of the State Commission. It also
entertains complaints involving ma ers of significant public interest, class ac on suits, or
issues crossing state boundaries.

3. Filing a Complaint

Consumers can file complaints physically or electronically, making the process more inclusive and
convenient. The complaint must include:

 Detailed descrip on of the defect or deficiency experienced.

 Copies of bills, warranty cards, contracts, or agreements.


 The relief or compensa on sought, such as refund, replacement, repair, or damages.

 Personal details of the complainant and the respondent.

Complaints can be filed directly by consumers or through consumer organiza ons. The Act allows for
electronic filing through the E-Daakhil portal, simplifying access.

4. Complaint Processing and Adjudica on

Once a complaint is received, the following steps ensue:

 No ce to Opposite Party: The commission sends a no ce to the accused party, direc ng


them to respond within a s pulated meframe.

 Response and Hearing: Both par es present their evidence, documents, and arguments
during hearings. The process is designed to be less formal than tradi onal courts,
encouraging amicable se lement.

 Inves ga on and Expert Opinion: If required, the commission may appoint experts or direct
inves ga on to establish facts.

 Decision and Order: A er evalua on, the commission issues a verdict. Orders can include
compensa on, replacement, repair, discon nua on of unfair prac ces, or puni ve damages.

 Appeal: Aggrieved par es can appeal to the next higher forum within prescribed me limits.

5. Media on and Alterna ve Dispute Resolu on (ADR)

To reduce delays and costs, the Act emphasizes media on and se lement outside formal
adjudica on. Mediators act as neutral facilitators to help par es nego ate mutually acceptable
solu ons. This fosters quicker dispute resolu on and preserves business-consumer rela onships.

6. E-Daakhil Portal

The government launched the E-Daakhil portal to digi ze complaint registra on, document
submission, and video conferencing for hearings. This ini a ve increases accessibility for consumers
across rural and urban areas, especially amid pandemic-related restric ons. It reduces travel costs
and expedites grievance redressal.

7. Sector-Specific Ombudsmen and Authori es

Some sectors have dedicated grievance redressal bodies for specialized complaints, such as:

 Banking Ombudsman (Reserve Bank of India): Handles complaints related to banking


services like delays, charges, or fraud.

 Insurance Ombudsman: Deals with grievances regarding insurance claims, policies, and
repudia on.

 Telecom Regulatory Authority of India (TRAI): Addresses complaints related to mobile


services, billing, and network issues.

These bodies complement the consumer commissions and provide faster redressal in their
respec ve sectors.

8. Challenges in Grievance Redressal


Despite the robust legal framework, challenges remain:

 Lack of Consumer Awareness: Many consumers are unaware of their rights or the complaint
process.

 Delays in Resolu on: Although improved, some cases s ll face procedural delays.

 Limited Enforcement: Implementa on of orders, especially in remote areas, is some mes


weak.

 Cost and Accessibility: For rural or less-educated consumers, even simplified processes may
pose difficul es.

Efforts con nue to improve awareness, training, and infrastructure to address these challenges.

Unit 4: Consumer Protec on Councils and Central Consumer Protec on Authority (CCPA)

1. Consumer Protec on Councils (CPCs)

CPCs exist at the Na onal, State, and District levels, serving as advisory and promo onal bodies to
advance consumer interests. They do not have adjudicatory or enforcement powers but play a vital
role in educa on and advocacy.

2. Func ons of Consumer Protec on Councils

 Consumer Educa on and Awareness: CPCs organize seminars, workshops, and campaigns to
educate consumers about their rights and safe consump on prac ces.

 Policy Advocacy: They advise government agencies on consumer protec on laws and
policies, ensuring consumer perspec ves are included.

 Promo on of Fair Prac ces: CPCs encourage businesses to adopt ethical prac ces voluntarily
and support fair trade.

 Facilita ng Consumer Movements: Support grassroots consumer groups and NGOs working
to protect consumer interests.

3. Central Consumer Protec on Authority (CCPA)

Established under the Consumer Protec on Act, 2019, the CCPA is a regulatory authority designed to
proac vely protect consumer rights and prevent unfair trade prac ces.

4. Powers of the CCPA

 Inves ga ve Powers: The CCPA can ini ate inves ga ons suo-motu (on its own) or based on
consumer complaints regarding unfair trade prac ces, misleading adver sements, or
defec ve products.

 Recall and Withdrawal: It can order recall of hazardous goods or services and mandate
discon nua on of false adver sements to prevent consumer harm.

 Penal es and Enforcement: The CCPA can impose fines and penal es on violators of
consumer laws, including imprisonment for repeated offences.

 Class Ac on Suits: The authority can ini ate collec ve ac ons on behalf of affected
consumer groups to seek redress.
 Regulatory Recommenda ons: It advises the government on consumer-related legisla on
and policy reforms.

5. Role of CCPA in Consumer Protec on

 Acts as a watchdog overseeing market prac ces to ensure safety, truthfulness, and fairness.

 Empowers consumers by making regulatory processes transparent and accessible.

 Coordinates with other government agencies and enforcement bodies to strengthen


consumer protec on.

 Conducts awareness programs emphasizing product safety, data privacy, and digital
consumer rights.

Unit 5: Consumer Rights and Responsibili es

1. Introduc on

Consumer rights are fundamental en tlements safeguarding consumers from exploita on, unsafe
products, and unfair business prac ces. The Consumer Protec on Act, 2019 formally recognizes six
core rights, fostering a balanced marketplace where consumers can make informed choices
confidently.

2. Right to Safety

Consumers are en tled to protec on from goods and services that may pose risks to life, health, or
property. This includes adherence to safety standards, proper labelling of hazardous components,
and recall of dangerous products.

3. Right to Informa on

Consumers must receive full, accurate, and clear informa on regarding products and services before
making a purchase decision. This right covers disclosure of ingredients, manufacturing details, price,
usage instruc ons, expiry dates, and poten al risks.

4. Right to Choose

Consumers have the freedom to select goods and services from a variety of op ons available in the
market. This right protects them from monopolis c prac ces, coercion, and restric ons, ensuring fair
compe on.

5. Right to be Heard

Consumers’ views and complaints should be considered in the formula on of policies and laws. This
right also ensures that businesses and authori es listen to consumer grievances and act to resolve
them promptly.

6. Right to Redressal

Consumers have the right to seek fair and mely remedies for grievances related to defec ve
products, deficient services, or unfair trade prac ces. This includes the right to compensa on,
replacement, refund, or repair through accessible legal channels.

7. Right to Consumer Educa on


Consumers should be educated con nuously on their rights, responsibili es, and safe consump on
habits. Awareness empowers consumers to make informed choices and avoid exploita on.

8. Consumer Responsibili es

Along with rights, consumers have responsibili es to:

 Read labels and instruc ons carefully to use products properly.

 Preserve purchase documents such as bills and warranty cards for future claims.

 Avoid misuse of goods and report defects or unfair prac ces to protect themselves and
others.

 Support ethical businesses by choosing quality products and fair-trade services.

 Stay informed and par cipate in consumer awareness ac vi es.

These responsibili es help maintain market integrity and promote a culture of fairness and trust.

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