CONTENTS

1. CONSUMER RIGHTS

i)  Consumer in the marketplace

ii) Consumer Movement

iii) Consumer Rights

iv) Taking the consumer movement forward

v) Exercises

                                           CHAPTER I

                                  CONSUMER RIGHTS

The collage you see in the next page contains some news clippings of consumer court verdicts. Why did the people go to the consumer court in these cases? These verdicts came about because some people persisted and struggled to get justice. In what ways were they denied justice? More importantly, what are the ways in which they can exercise their rights as consumers to get a fair deal from the sellers when they felt they had been denied a just treatment?

THE CONSUMER IN THE MARKETPLACE 

We participate in the market both as producers and consumers. As producers of goods and services we could be working in any of the sectors discussed earlier such as agriculture, industry, or services. Consumers participate in the market when they purchase goods and services that they need. These are the final goods that people as consumers use. In the preceding chapters we discussed the need for rules and regulations or steps that would promote development. These could be for the protection of workers in the un-organized sector or to protect people from high interest rates charged by moneylenders in the informal sector. Similarly, rules and regulations are also required for protecting the environment.

Likewise, rules and regulations are required for the protection of the consumers in the marketplace. Individual consumers often find themselves in a weak position. Whenever there is a complaint regarding a good or service that had been bought, the seller tries to shift all the responsibility on to the buyer. Their position usually is – “If you didn’t like what you bought, please go elsewhere”. As if the seller has no responsibility once a sale is completed! 

The consumer movement, as we shall discuss later, is an effort to change this situation. Exploitation in the marketplace happens in various ways. For example, sometimes traders indulge in unfair trade practices such as when shopkeepers weigh less than what they should or when traders add charges that were not mentioned 

before, or when adulterated/defective goods are sold. Markets do not work in a fair manner when producers are few and powerful whereas consumers purchase in small amounts and are scattered. This happens especially when large companies are producing these goods. These companies with huge huge wealth, power and reach 

 can manipulate the market in various ways. For example, a company for years sold powder milk for babies all over in various ways. At times false information is passed on through the media, and other sources to attract consumers. For example, a company for years sold powder milk for babies all over. 

LET’S WORK THESE OUT

1. What are the various ways by which people may be exploited in the market? 

2. Think of one example from your experience where you thought that there was some ‘cheating’ in the market. Discuss in the classroom. 

3. What do you think should be the role of government to protect consumers?

CONSUMER MOVEMENT

The consumer movement arose

 out of dissatisfaction of the 

consumers as many unfair practices

 were being indulged in by the sellers. 

There was no legal system available to consumers to protect them from exploitation in the marketplace. For a long time, when a consumer was not happy with a particular brand product or shop, he or she generally avoided buying that brand product, or would stop purchasing from that shop. It was presumed that it was the responsibility of consumers to be careful while buying a commodity or service. It took many years for organisations in India, and around the world, to create awareness amongst people. This has also shifted the responsibility of ensuring

quality of goods and services on the sellers. In India, the consumer movement as a ‘social force’ originated with the necessity of protecting and promoting the interests of consumers against unethical and unfair trade practices. Rampant food shortages, hoarding, black marketing, adulteration of food and edible oil gave birth to the consumer movement in an organized form in the 1960s. 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.

Consumers International In 1985 United Nations adopted the UN Guidelines for Consumer Protection. This was a tool for nations to adopt measures to protect consumers and for consumer advocacy groups to press their governments to do so. At the international level, this has become the foundation for consumer movement. Today, Consumers International has become an umbrella body to over 200 member organisations from over 100 countries.

Because of all these efforts, the 

movement succeeded in bringing

 pressure on business firms as well as 

government to correct business conduct

 which may be unfair and against the

 interests of consumers at large. A major

 step taken in 1986 by the Indian

 government was the enactment of the

Consumer Protection Act 1986, popularly known as COPRA. You will learn more about COPRA later.

LET’S WORK THESE OUT

1. What could have been the steps taken by consumer groups? 

2. There may be rules and regulations but they are often not followed. Why? Discuss.

CONSUMER RIGHTS

SAFETY IS EVERYONE’S RIGHT

Reji’s Suffering

Reji Mathew, a healthy boy studying in Class IX, was admitted in a private clinic in Kerala for removal of tonsils. An ENT surgeon performed the tonsillectomy operation under general anaesthesia. As a result of improper anaesthesia Reji showed symptoms of some brain abnormalities because of which he was crippled for life. His father filed a complaint in the State Consumer Disputes 

Redressal Commission located in New Delhi. The National Commission after looking into the complaint, held the hospital responsible for medical negligence and directed it to pay the compensation.

Reji’s suffering shows how a hospital, due to negligence by the doctors and staff in giving anesthesia, crippled a student for life. While using many goods and services, we as consumers, have the right to be protected against the marketing of goods and delivery of services that are hazardous to life and property. Producers need to strictly follow the required safety rules and regulations. There are many goods and services that we purchase that require special attention to safety. For example, pressure cookers have a safety valve which, if it is defective, can cause a serious accident. The manufacturers of the safety valve have to ensure high quality. You also need public or government action to see that this quality is maintained. However, we do find bad quality productsin the market because the supervision of these rules is weak and the consumer movement is also not strong enough.

Information about goods and services 

When you buy any commodity, you will find 

certain details given on the packing. These details are about ingredients used, price, batch number, date of manufacture, expiry date and the address of the manufacturer. When we buy medicines, on the packets, you might find ‘directions for proper use’ and information relating to side effects and risks associated with usage of that medicine. When you buy garments, you will find information on ‘instructions for washing’. Why is it that rules have been made so that the manufacturer displays this information? It is because consumers have the right to be informed about the particulars of goods and services that they purchase. Consumers can then complain and ask for compensation or replacement if the product proves to be defective in any manner. For example, if we buy a product and find it defective well within the expiry period, we can ask for a replacement. 

If the expiry period was not printed, the manufacturer would blame the shopkeeper and will not accept the responsibility. If people sell medicines that have expired severe action can be taken against them. Similarly, one can protest and complain if someone sells a good at more than the printed price on the packet. This is indicated by ‘MRP’ — maximum retail price. In fact consumers can bargain with the seller to sell at less than the MRP. formation has been expanded to cover various services provided by the Government. In October 2005, the Government of India enacted a law, popularly known as RTI (Right to Information) Act, which ensures its citizens all the information about the functions of government departments. The effect of the RTI Act can be understood from the following case.

Waiting...

 Amritha, an engineering graduate after submitting all the certificates and attending the interview for a job in a government department, did not receive any news of the result. The officials also refused to comply with her queries. She therefore filed an application using                                                                                                                                                                                                                                                                                                                                                           the RTI Act saying that it was her right to know the result in a reasonable time so that she could plan her future. She was not only informed about the reasons for delay in the declaration of results but also got her call letter for appointment as she performed well in the interview.

LET’S WORK THESE OUT

1. When we buy commodities we find that the price charged is sometimes higher or lower than the Maximum Retail Price printed on the pack. Discuss the possible reasons. Should consumer groups do something about this? 

2. Pick up a few packaged goods that you want to buy and examine the information given. In what ways are they useful? Is there some information that you think should be given on those packaged goods but is not? Discuss. 

3. People make complaints about the lack of civic amenities such as bad roads or poor water and health facilities but no one listens. Now the RTI Act gives you the power to question. Do you agree? Discuss.

                                                                     When choice is denied

Any consumer who receives a service in whatever capacity, regardless of age, gender and nature of service, has the right to choose whether to continue to receive the service. Suppose you want to buy toothpaste, and the shop owner says that she can sell the toothpaste only if you buy a tooth brush. If you are not interested in buying the brush, your right to choice is denied. Similarly, sometimes gas supply dealers insist that you have to buy the stove from them when you take a new connection. In this way many a times you are forced to buy things that you may not wish to and you are left with no choice.

Where should consumers go to get justice? 

Read again the cases of Reji Mathew and Abirami given earlier in the chapter. These are some examples in which consumers are denied their rights. Such instances occur quite often in our country. Where should these consumers go to get justice? Consumers have the right to seek redressal against unfair trade practices and exploitation. If any damage is done to a consumer, she has the right to get compensation depending on the degree of damage.