consumer rights project class 10: According to Consumer Protection Act 1986, section 2(7), “consumer” means any person who—
buys any goods for a consideration (something in return) which has been paid or promised, and includes any user of such goods who purchase those goods for personal use, but does not include a person who obtains such goods for resale or for any commercial purpose.
Consumer rights project class 10
- Who is consumer
- Duties of consumer
- How consumer is exploited
- Consumer movement and it’s need
- Importance days
- Rights of consumer
- Central Consumer Protection Authority
- Hierarchy of consumer courts in India
- How to file a complaint
Duties of consumer
- Ask for a bill and warranty card:For every important purchase a bill must be obtained as it minimizes the chance of getting into malpractices, and also the warranty card should be obtained if available for the product or services purchased.
- Reading the terms and conditions wisely- to get information by consumers themselves by reading all the important aspects including ingredients, dates, prices etc.
- Be aware and ask questions- Showing awareness while purchasing by consumers is one of his duties. Important information has to be read i.e. Manufacturing date, expiry date, other suitable questions about product purchased.
- Checking quality marks- The consumer must be aware and ask questions before purchasing. Check the “ISI” Mark or “Agmark” on the goods.
- File a complaint on genuine grievances- Consumers must file a complaint in the appropriate consumer forum in case of a genuine grievance.
- Consumers to know to exercise their rights- Being aware of duties and rights of and to know how to exercise those rights is again one of the most important duties of all.
How consumer is exploited
- Underweight and under measurements: The goods sold in the market are sometimes not measured or weighed properly. The sellers give goods, less than the weight or measurement purposely to get more profit. It causes financial loss to consumers.
- Sub-standard quality: Some products are not produced according to the government specifications. They are of low quality. Selling medicines beyond expiry dates causes financial loss and health hazards.
- High Prices: Very often traders charge a higher price than the prescribed retail price. It leads to financial loss to consumers.
- Duplicate articles: In the names of branded or genuine products, fake or duplicate items of low quality are sold in the market. Duplicate articles will not last long. These are not manufactured according to the specifications given by the Government. So it will not satisfy the requirements of the consumers.
- Adulteration and impurity: Adding impurities or unwanted substances to food items with a view to getting more profit is adulteration. For example, When bricks powder is added to chili powder or low quality oil is added to edible oil, the consumer is exploited. Apart from financial losses, it invites health hazards too.
- Lack of safety devices: Electronic goods, electrical devices or other appliances produced locally, do not have the prescribed built-in safety devices. This causes accidents to consumers.
- Artificial scarcity: Sellers create artificial scarcity by hoarding the goods so that they can sell it later at a higher price when the price rises.
- False or incomplete information: Sellers easily mislead consumers by giving wrong information about a product, its price, quality, reliability, and durability. They even give wrong information about expiry date, its effect on health, environment, safety and security maintenance, cost involved and terms and conditions of purchase.
- Dissatisfactory after sale service: Expensive items required after sale service; otherwise it becomes useless when it is struck or damaged. However, many suppliers do not provide after sale service in spite of necessary payments.
Consumer movement in India and it’s need
The consumer movement arose out of dissatisfaction of the consumers as they were being indulged in many unfair trade practices by the sellers as there was no legal system available for redressal.
It was considered the duty of the consumer to take care of their interest while making a purchase which led to extreme exploitation in absence of a redressal mechanism.
In India, the consumer movement originated when the necessity of protecting and promoting the interests of consumers against unethical and unfair trade practices were at its peak and consumers were exploited by illegal 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 movement. Eventually the government realized the need for a legal mechanism for consumer protection and COPRA 1986 came into being, known as Consumer Protection Act 1986.
India has declared 24 December as the National Consumers’ Day. As It was on this day that the Indian Parliament enacted the Consumer Protection Act in 1986 i.e. COPRA. After which India has now become one of the countries that have exclusive courts for consumer redressal and consumer protection .
Rights of consumer
Consumer Protection Act 2019 under section 6 has provided eight rights to the consumer, if violated can be reclaimed or redressed by provided mechanism; these rights are following :
(i) Right of safety – right of consumers to be protected against marketing and selling of goods and services which are hazardous to life and property;
(ii) Right to be informed – right of consumers to be informed of the quality, quantity, potency, purity, standard and price of goods or services available ;
(iii) Right to choose – be assured of access to a variety of goods or services at competitive prices and choose with free will;
(iv) Right to be heard – Consumer must be heard if he files the complaint in the right manner. If the consumer is not heard properly the whole purpose of the COPRA will be defeated.
(v) Right to seek redressal – consumer has right to seek redressal against unfair or restrictive trade practices with him in a manner prescribed in act in front of appropriate forum.
(vi) Right of consumer education – this right imposes a duty upon the government to make consumers aware about their rights. ‘Jaago grahak jaago’, ‘Upbhogta sanrakshan’ etcetera campaigns were started in order to educate consumers.
(vii) Right to basic needs – everyone has the right to live a life of dignity for which some basic needs have to be fulfilled which includes food, shelter, energy, electricity, sanitation, health, education etcetera which has to be provided to everyone.
(viii) Rights to a healthy environment – the aim of this right is to provide people with a life with a good environment and is against pollution and degradation of the environment. It also seems to promote sustainable development.
Central Consumer Protection Authority
The Central Consumer Protection Authority government will set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers created under section 3 of Consumer Protection Act 1986 . It’s duty is to regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements to protect consumers from unfair trade practices. The CCPA also consists of an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations.
Procedure for filing a complaint
The Consumer Protection Act has provided for a simple and easy process for the filing of a consumer plaint. It can be done online by registering on the website of the Department of consumer affairs. Otherwise, The procedure to file a complaint can be done by oneself . To file a consumer complaint these are the steps to follow.
- Identify the jurisdiction of court– Both pecuniary and territorial jurisdiction has to be taken into account while filing a complaint .
- Filing fee- it always depends on the amount pleaded by the complainant and the court one is filing, i.e. district, state or national a fee has to be paid.
- Drafting plaint– The plaint must contain facts that establish the cause of action i.e. the set of facts which give rise to a claim .
- Identification– The complaint must contain the name of both parties , their address and other description of both the complainant and the opposite party in the said case.
- Signature– Signature of the complainant or other, if it is being by a representative it must include a letter of authorization from the representative from the complainant in order to file a complaint.
- Attachments– In the plaint, bills and receipts supporting the claim of the complainant should be attached with a notice sent to the trader requesting to rectify the goods, if denied so.
- Amounts-The amount asked for can include compensations demanded by the complainant to settle claims which may include; litigation fees, interest, refunds, damages etc.
Consumer Protection Act 1986 is an act holistically enacted to promote and protect rights of consumers which are also under fundamental rights by Indian constitution. To create Informed and vigilant consumers aim this act.
Other useful links:
- Class 10 science NCERT book PDF
- Nelson mandela class 10 PDF
- Ebalbharti book and question paper class 10
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