Safeguarding the rights of consumers

Dr. Bharat

 With each human birth on this planet a ‘consumer’ is born who starts consum­ing goods and services, in one form or the other, and, thus, arises the ‘cost-benefit analysis’ and expectation of ‘value for money’!

 It was father of the nation, Mahatma Gandhi who in a speech in South Africa in 1890 said, “A customer is the most important visitor on our premises. He is not dependent on us; we are dependent on him. He is not an interruption of our work; he is the purpose of it. He is not an outsider of our business, he is part of it. We are not doing him a favour by serving him; he is doing us a favour by giving us the opportunity to do so.” The quote fits aptly into the inclusive philosophy emphasising duty i.e. ‘dharma’.

 March 15 is celebrated as the World Consumer Rights Day as on this day in 1962, the US President, John F. Kennedy in his address to Congress highlighted the concern for consumer rights, later called the Consumer Bill of Rights. The United Nations Guidelines for Consumer Protection were unanimous adoption in General Assembly in 1985 which further refined, expanded and strengthened consumer rights.

However, these rights were reflected in the ancient Indian texts such as Brhat-Trayi, Narada-Smriti, Kautilya-Arthashastra etc. In India, December 24 is celebrated as the National Consumer Day as on this day in 1986 the first law for consumer protection received the assent of the President.

Consumer Rights

The following six ‘consumer rights’ are endorsed by the Consumer Protection Act, 2019:

• The Right to be protected against the marketing of goods, products or services, which are hazardous to life and property. The consumer is entitled to satisfy immediate requirements and also fulfill long term interests. It endorses the attitude of ‘Beware! It shouldn’t be hazardous’. Before purchasing, consumers should insist on the quality as well as on the guarantee reflected through ISI, BIS, Hallmark, AGMARK, and FSSAI etc.
• Right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices. A consumer is entitled to get ‘fair-treatment’ and all information before making a choice or a decision which will enable him to act wisely, responsibly and desist from falling prey to pressure selling techniques.
• Right to be assured wherever possible, access to a variety of goods, products or services at competitive prices by encouraging ‘fair and effective competition’. There should also be the adequate availability of reliable after-sales service and genuine spare-parts at a fair price. Further, it must include protection from contractual abuses and exclude unconscionable conditions of credit-sale.
• Right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums, formed for the consumer welfare, in a fair and expeditious manner. Consumers can also form non-political and non-commercial organisations which can get representation in various committees and bodies related to consumer matters formed by the Government.
• Right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers. It also includes fair settlement of the grievances in expeditious and inexpensive manner. Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large.
• Right to consumer awareness means to acquire the knowledge and skill to be an informed consumer throughout. With a chunk of uninformed, uneducated population, ‘Outreach is the buzzword’ as ignorance of consumers is the main reason for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved.

 Besides the above rights, the ‘Right to Satisfaction of Basic Needs’ and ‘Right to Healthy & Sustainable Environment’ are also considered as inalienable but did not find explicit mention in the 2019 law. The basic needs include adequate and proper food, drinking water, shelter, clothing, sanitation, healthcare, education, energy, other public-utilities etc. whereas healthy & sustainable environment includes right to live and work in such an environment, which is safe for the well-being of the present and future generations.

 Above and beyond, the following initiatives reflect the serious concerns of the Government of India to champion the cause of ‘consumer rights’:

 Separate Department: The Department of Consumer Affairs was constituted as a separate Department in June 1997 to give a fillip to the consumer movement under the aegis of the Ministry of Consumer Affairs, Food & Public Distribution. Among other work, the department is entrusted with the task of implementation of the consumer protection law for safeguarding the rights of consumers and serving their best interest.

 Helpline Number: ‘National Consumer Helpline’ (NCH) provides telephonic advice; information and guidance to the consumers through its toll free number 1800-11-4000 and short code 14404. The grievances/complaints of the consumers are taken up by the NCH with the companies/regulators/Departments concerned for resolution. As per the CONFONET portal, 1,70,068, 1,59,849 and 1,74,748 cases were filed under the consumer law in India during year 2017, 2018 and 2019 respectively.

 Remember, the right of consumers to enjoy the “Consumer Rights” is fundamental need of an individual and a symbol of dignity. Sellers be cautious… consumers deserve ‘accurate quantity’ and ‘authentic quality’; after all…, Consumer is the King, long live the “consumer rights”!

— The writer is Assistant Professor, University Institute of Legal Studies, Panjab University, Chandigarh