What are the rights of the Consumer ?

Rights of the Consumer

What are the rights of the Consumer ?

STATUTORY RIGHTS OF CONSUMERS

The Consumer Protection Act, 1986 guarantees the following statutory rights to the consumers-

1. The right to be protected against the marketing of goods and services which are hazardous to life and property: To simplify this it can be said that it is the duty of the manufacturers and the distributor not to supply any goods to the consumers which fails to comply with the general safety requirements in all circumstances. It is important to know that safety standards are published from time to time by the relevant authorities in relation to many types of consumer goods.

2. The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices; by simplifying this right it can be said that consumers are given the right to information. This is intended to save the consumers from unfair trade practices like false and misleading descriptions about the nature and quality of goods, exaggerated statements about their power or potency, for example, that the hair oil is capable of promoting hair growth or preventing hair loss where there is no such power to an appreciable extent. It may be noted that a victim of unfair trade practices would be able to come before a Consumer Forum only if he is a consumer within the meaning of the Act. Other buyers would have to go to the Monopolies Commission under MRTP Act.

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3. The right to be assured, wherever possible, access to a variety of goods and services at competitive prices; For the convenience of the consumers the Central Council has been charged with the responsibility of bringing about the organization of markets and market practices in such a way that all dealers are supplied with a variety of goods for the benefit of the consumers and that the goods with a variety are being offered at competitive prices. It is only then the consumers will have access to variety and will be able to enjoy the benefit of competitive prices.

4. The right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums; Right to be heard is not only the the foremost right of consumers it is a principle of natural justice also. The Central Council is charged with the responsibility of assuring to consumers that they would be heard as of right by appropriate forums and consumers will receive due attention and consideration from such forums.

5. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; The consumers have been given the right to seek redress against restrictive/unfair trade practices or unscrupulous exploitation. The right can be explained clearly by following example – where money was deposited in advance for the supply of a car within two months and the car was actually supplied some time after two months, in such situation retention of money beyond the period of two months is an unfair trade practice and the consumers can claim proper interest on the deposit for the period of delay.

6. The right to consumer education. This right is most important right because once the people are rendered conscious of their power, they may perhaps, feel energized to struggle against exploitation by manufacturers and traders. The Central Council has been charged with the responsibility to provide to the people proper education in terms of their remedies under the Act. It can be hoped that people’s awareness is likely to prove a better tool for putting the trade on some level of discipline than tons of Government controls.

However, consumer’s strongest and the most precious right, which he keeps to the last, is the ‘refusal to buy’ and withdraw the patronage from the seller who always craves for it because, without it, he has none to sell.

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About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

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  1. […] ? Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial Purposes? What are the Rights of a Consumer ? What should I do in case my Rights as a Consumer are violated ? What are some other useful tips in […]

  2. shibu george says:

    I appointed an immigration consultant to take care of
    > the processing of my application for permanent residence in Canada during
    > June 2007. Unfortunately the Canadian Government cancelled all the
    > applications including me by passing a law and refunded the fee paid to
    > them.I paid the the agent a service charge of Rs.38000/-. In the agreement
    > they have mentioned that ‘there is no refund policy. Refund if granted on
    > humanitarian grounds will be made only after deducting INR 15000 as
    > disbursement charges by the approval of board of directors’.
    > Can I file a case in the consumer court against them to
    > collect the full amount from them as they have not done their services to me
    > since the application has been cancelled by the Canadian Govt. with out
    > processing it. They may argue in the court that it is not their fault as
    > the decision is came from a Govt. authority. Can I succeed in the court?
    > On the basis of agreement condition mentioned above, is it possible to collect the full amount paid to them? In the agreement they have also mentioned that the jurisdiction will be in Vancouver, Canada even if they have their head office in Mumbai.
    > Please help me in this case.

  3. Jastej S (Team Vakilno1) says:

    The question you have asked is within the discretion of the Court. Whatever we may suggest, the same is not binding on the Courts. Every Judge has to take decision as per the facts and circumstances of the case mentioned and proved before him. Yes, you can file a consumer complaint in this regard. It is equally true that the immigration forum might take the defenses as you narrated. So far as the jurisdiction is concerned, the Courts in India have the requisite jurisdiction and I am sure that they will uphold your plea regarding the jurisdiction of Indian Consumer Courts in this matter. So far as your success is concerned, the same depends upon the facts and laws as explained by you.

  4. aanchal says:

    hello,
    try to safe ur self from this froud companies.

  5. hello
    i m aanchal in 7 class of gagan bharti school . i want to say to my all friends that beware & alert from this froud companies. ye sab thagi shopkeepers khoon choste hai hamara.
    we have to safe our self from these shopkeepers.

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