This blog posted on Inculcatelaw is written by Abhay Ujalambe a second year law student at Christ University.

RIGHTS OF A CONSUMER

Consumers have been granted several rights which constantly aim to protect their rights and interests and ensure fair treatment in the marketplace. The rights which are granted are recognized by consumer protection laws.

The rights of consumers are as follows:

1. Right to Safety: Consumers have right to be protected against the goods which are harmful or are hazardous for their health or life. The accurate information about the product and involved risk must be informed while buying the product. Before purchasing the good it is responsibility of the consumer to check the quality of the of the product. Consumers should purchase the quality marked products with proper certifications such as AGMARK, ISI, FPO, The green and red dot.

2. Right to be Informed: Consumers must be informed about the quality, quantity, purity, price of the good, and does the product meet suitable standards that must be also told to avoid unfair trade practices.

3. Right to choose: Consumers have right to choose from variety of goods available in the market at competitive prices. The business owner or where there is monopoly who is doing unfair trade practice must be discouraged.

4. Right to be heard: Consumers in the market have right to express their opinions, express their concerns and have a right to complaint about the defective product which they have received and have caused dissatisfaction without good service.

5. Right to seek redressal: Consumers have right to seek redressal for improper trade practices, ask for compensation or remedies for faulty products. This includes immediate refunds, replacements if the product is in the guarantee or instant repair in case of faulty goods.

6. Right to consumer education: In today’s era there is need to educate the people regarding their rights as a consumer. Particularly in the rural areas the consumers get exploited as they lack knowledge about their rights. They should know their rights and prevent themselves from the exploitation then only real consumer protection can be achieved.

RESPONSIBILITIES OF CONSUMERS

Consumers those who are going to marketplace for buying certain goods have certain responsibilities towards themselves and has to be taken care off while buying certain goods in the marketplace as by doing this they can be protected by rights in the market. The responsibilities are as follows:

1. Be quality Conscious: Consumers while buying a particular good must check the quality of the product it should be have passed all the quality checks and must have genuine certification of the product as it is the matter of safety of the consumer.

2. Collect Proof of Transaction: Consumer must always collect a proper proof of transaction because if the product is purchased and it is faulty then the consumer can claim a refund by giving proof of transaction or can get an immediate replacement of the product.

3. Complaint for genuine grievances: If the consumer has any genuine problem regarding the product, then it is the responsibility of consumer to directly report to concerned authorities or consumer protection agencies. This helps to address the issue and protect other consumers as they also get motivated and come forward and tell what issues they are facing about the product.

4. Proper use of the product/services: Consumers should use the product properly and safely, and they must read the user manual before using the product as it includes all detail information, instructions how to use the product is mentioned.
5. Responsibility to inspect a variety of goods before selection: Consumers should check variety of goods while selecting a good because by doing this consumer gets to know which product is better and can suit their lifestyle, by doing this they get to know much about the product by comparing the prices of goods, checking which good has best quality and follows all quality checks.

6. Awareness of their rights: consumers should be aware of their rights, in many rural areas people get exploited because the lack knowledge about their rights so by providing them adequate knowledge by organizing campaigns, by teaching them about their rights can save them from exploitation and then they also can raise their voice for their problems. By embracing these responsibilities, consumers contribute to market which is fair, transparent, and leading to healthy economic activity. Consumers responsibility when joined with consumer rights it creates balanced and ethical framework.

CONSUMER REDRESSAL UNDER CONSUMER PROTECTION ACT 2019

Under the Consumer Protection Act of 2019, consumers in need of redressal find a robust framework to safeguard their rights and address grievances. This legislation, designed to fortify consumer interests, establishes a streamlined process for seeking remedies in cases of unfair trade practices and deficient services. The Act empowers consumers to file complaints with Consumer Disputes Redressal Commissions at various levels – District, State, and National, depending on the magnitude of the dispute. Consumers can seek redressal for a spectrum of issues, including defective products, substandard services, or unfair trade practices. The Act emphasizes a consumer-centric approach, providing swift and accessible avenues for resolution. The introduction of Alternate Dispute Resolution mechanisms, such as mediation and arbitration, facilitates quicker and cost-effective solutions, reducing the burden on traditional legal processes. Furthermore, the Act introduces the concept of product liability, holding manufacturers, sellers, and service providers accountable for defective goods and deficient services. Consumers can claim compensation for injuries, damages, or losses suffered due to such defects. In essence, the Consumer Protection Act of 2019 offers a comprehensive and responsive framework for consumers to seek redressal, ensuring that their rights are protected, and grievances are addressed efficiently in the evolving landscape of consumer transactions.

CONCLUSION

In todays, complex marketplace, marked by an abundance of choices and digital transactions, the importance of consumer protection has reached unprecedented heights. The Consumer Protection Act stands as a crucial bulwark, empowering consumers and holding businesses accountable. As technology and globalization redefine commerce, consumer rights must be safe guarded against evolving challenges. This legal framework not only facilitates redressal but fosters trust, transparency, and ethical business practices. In an era where choices proliferate, consumer protection emerges as a pivotal force, ensuring a fair, secure, and accountable landscape for individuals navigating the intricate web of modern purchasing options.

REFERENCE BOOKS

Consumer Protection Act Commentary – https://amzn.to/48FEQi7 

Consumer Protection Act Bare Act – https://amzn.to/45gfS6e 

Law of Torts by Ratanlal & Dhirajlal – https://amzn.to/451jPf3 

Law of Torts by Dr. RK Bangia – https://amzn.to/3LiHvEB 

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