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Explain the importance of consumer protection from the point of view of a business.
From the Point of View of Business: Business needs consumers as much as consumers need business. Therefore, business should also join hands in protecting consumers’ interest. Its importance is highlighted by the following facts:
(i) Long term interest of Business: Every business wants to enjoy long existence. This is possible only when business firms provide absolute satisfaction to the consumers. A firm that succeeds in satisfying the consumers, the consumers themselves turn to such a firm for buying their products time and again and they tell others also about their satisfaction. In this way, the number of customers for that firm goes up and the firm continues to live for a long time. Paying attention to the satisfaction of the consumers is nothing but consumer protection.
(ii) Business Uses Society’s Resources: Every business uses various resources, e.g., material, machinery, human, capital, etc. All these resources are supplied by society. From this point of view, it becomes the responsibility of business to provide better facilities to society. By doing this and through the medium of consumer protection business gets an opportunity to discharge its responsibility towards society.
(iii) Government Intervention: By ignoring consumers’ interest, business is almost inviting government intervention. Government intervention in defence of consumers’ interest is certainly a set back for any firm. This is why every firm wants to avoid such a situation. Such a situation can be avoided only if the consumers’ interest is taken care of. Doing so means taking care of consumers’ protection.
Giving any six points, explain the importance of consumer protection in India.
Or
Explain, in brief, any six reasons as to why consumer protection is needed in India.
Or
What is the importance of consumer protection from the point of view of a consumer and a business?
(A) From the Consumers’ Point of view: The importance of consumers’ protection from the point of view of the consumers can be made clear with the help of the following points:
(i) Consumers’ Ignorance: Generally, the consumers are not aware of their rights. It is only because of this ignorance that they cannot raise their voice against their exploitation rampart in the market. They bear this exploitation ungrudgingly thinking it as a part of the market. Hence, they remain inactive in this respect. Therefore, it has become necessary in public interest that they should be educated about their rights so that they become activated.
(ii) Unorganised Consumers: Consumers are unorganised and this fact alone highlights the importance of consumers’ protection. A single consumer raising his voice against exploitation is not as effective as the voice of an organised consumers’ body can be. So far the consumers have not shown such an attitude that they should raise their voice in an organised manner. Consumers’ protection encourages the consumers to organise themselves.
(iii) Widespread Exploitation of Consumers: These days consumers are being exploited on a large scale. Following are some of the examples of their exploitation:
(a) Adulteration in consumers’ products.
(b) Inferior quality of goods and services.
(c) Misleading advertisement.
Consumers’ protection is absolutely necessary in order to get rid of such exploitation.
(B) From the Point of View of Business: Business needs consumers as much as consumers need business. Therefore, business should also join hands in protecting consumers’ interest. Its importance is highlighted by the following facts:
(i) Long term interest of Business: Every business wants to enjoy long existence. This is possible only when business firms provide absolute satisfaction to the consumers. A firm that succeeds in satisfying the consumers, the consumers themselves turn to such a firm for buying their products time and again and they tell others also about their satisfaction. In this way, the number of customers for that firm goes up and the firm continues to live for a long time. Paying attention to the satisfaction of the consumers is nothing but consumer protection.
(ii) Business Uses Society’s Resources: Every business uses various resources, e.g., material, machinery, human, capital, etc. All these resources are supplied by society. From this point of view, it becomes the responsibility of business to provide better facilities to society. By doing this and through the medium of consumer protection business gets an opportunity to discharge its responsibility towards society.
(iii) Government Intervention: By ignoring consumers’ interest, business is almost inviting government intervention. Government intervention in defence of consumers’ interest is certainly a set back for any firm. This is why every firm wants to avoid such a situation. Such a situation can be avoided only if the consumers’ interest is taken care of. Doing so means taking care of consumers’ protection.
What is the purpose of enacting the Consumer Protection Act, 1986?
Its purpose is to protect the consumers against the unfair practices of the producers and sellers.
Which Act of Consumer Protection provides for the formation of ‘Consumer Protection Councils’ in every district and the State of the country?
The Consumer Protection Act, 1986.
Why consumer protection is important for consumers? Give any one reason.
Because it removes the ‘Consumer Ignorance’.
Why consumer protection is important for a businessman? Give any one reason.
It helps long existence of the business through consumer satisfaction.
Which Act of consumer protection provides safety to consumers against deficient services?
The Consumer Protection Act, 1986.
How does the ‘Government’ protect the interests of consumers? State.
Government protects the interests of consumers by enacting various acts.
Explain, in brief, any six remedies available to consumers under Consumer Protection Act, 1986.
Or
State any six reliefs available to consumers on the complaint made by them under Consumer Protection Act.
Or
Reena purchased one litre of pure Deshi Ghee from a shopkeeper. After using it she had a doubt that it is adulterated. She sent it for a laboratory test which confirmed that the Ghee is adulterated. State any six reliefs available to Reena, if she complains and the consumer court is satisfied with the genuineness of the complaint.
Under this Act, remedies available to consumers are as follows:
Prakhar purchased an ISI mark electric iron from ‘Bharat Electricals’. While using he found that it was not working properly. He approached the seller and complained for the same. The seller satisfies Prakhar by saying that he will ask the manufacturer to replace this iron. The manufacturer refused to replace and Bharat Electricals decided to file a complaint in the consumer court. Can ‘Bharat Electricals’ do this? Why? Also explain ‘who is a consumer’ as per Consumer Protection Act, 1986.
Bharat Electricals cannot file a complaint. This is because this firm is not a consumer as per consumer protection Act, 1986 as they bought the goods for re-sale/ commercial purpose. Meaning of consumers as per consumers protection Act, 1986:
(i) he buys goods or hires services for a consideration but does not include a person who obtains them for re-sale or any commercial purpose;
(ii) he uses goods with the approval of the buyer;
(iii) he uses services which are availed of with the approval of one who hires the services, and
(iv) he uses the goods bought or services hired exclusively for earning livelihood by self-employment. (For example, a doctor who is a C.T. Scan expert, buys a C.T Scanner for the purpose of earning his livelihood is a consumer.)
What are the main features of the Consumer Protection Act?
Following are the salient features of Consumer Protection Act:
(i) Coverage of Items: This Act is applicable on all products and services, until or unless any product or service is especially debarred out of the scope of this Act by Central Government.
(ii) Coverage of Sectors: This Act is applicable to all areas whether private, public or cooperative.
(iii) Compensatory Nature of Provisions: Many Acts have been passed for the help of consumer. Consumers enjoy the benefits of these Acts but if a consumer wishes the Consumer Protection Act can provide extra help. As a result the nature of provisions of this Act is compensating for loss or providing extra help. Consumer is totally free to enjoy the benefits of any of these Acts.
(iv) Group of Consumer’s Rights: This Act provides many rights to consumers. These rights are related to safety, information, choice, representation, redressal, education etc.
(v) Effective Safeguards: This Act provides safety to consumers regarding defective products, dissatisfactory services and unfair trade practices. So under the purview of this Act there is a provision to ban all those activities which can cause a risk for consumer.
Give any two points of remedies available to consumers under Consumer Protection Act.
(i) Removal of defects.
(ii) Replacement of goods.
Who can a file complaint in a consumer court?
Or
Who can file a complaint under the Consumer Protection Act 1986?
A consumer, a registered consumer association, Central Government and State Government can file a complaint.
Which Act provides relief to the buyers of goods in case the goods purchased do not comply with the expressed condition?
The Sale of Goods Act, 1930.
Give any one relief available to a consumer who suffers due to consmption of an expired date medicine.
Orders can be passed to refund the price paid by the consumer for the product.
Explain the following rights of consumers:
(i) The Right to be informed;
(ii) The Right to choose; and
(iii) The Right to healthy environment.
(i) Right to be Informed / Right to Representation: Consumer has also the right that he should be provided all the information on the basis of which he decides to buy goods or services. Such information relate to quality, purity, potency, standard, date of manufacture, method of use, etc. of the commodity. Thus, a producer is required to provide all such information in a proper manner, so that consumer is not cheated.
(ii) Right to Choose: Consumer has the full right to buy any goods or service of his choice from among the different goods or services available in the market. In other words, no seller can influence his choice in an unfair manner. If any seller does so, it will be deemed as interference in his right to choice.
(iii) Right to Healthy Environment: This right provides consumers, the protection against environmental pollution so that the quality of life is enhanced. Not only this, it also gives stresses the need to protect the environment for future generations as well.
Explain the following rights of consumers:
(i) The Right to safety;
(ii) The Right to consumer education; and
(iii) The Right to be heard.
(i) Right to Safety: It is the right to safety against such goods and services as are hazardous to health, life and property of the consumer. For example, spurious and sub-standard drugs; appliances made of low quality raw material, such as, electric press, pressure cooker, etc. and low quality food products like bread, milk, jam, butter, etc. Consumers have the right to safety against loss caused by such products.
(ii) Right to Consumer Education: Consumer education refers to educate the consumer constantly with regard to their rights. In other words, consumers must be aware of the rights they enjoy against the loss they suffer on account of goods and services purchased by them. Government has taken several measures to educate the consumers. For instance, Ministry of Civil Supplies publishes a quarterly magazine under the title “Upbhokta Jagran”. Doordarshan telecasts a programme like “Sanrakshan Upbhokta Ka” and apart from this, Consumer Day is observed on March 15 every year.
(iii) Right to be Heard: Consumer has the right that his complaint be heard. Under this right, the consumer can file a complaint against all those things which are prejudicial to his interest. First, their rights mentioned above (Right to Safety; Right to be Informed and Right to Choose) have relevance only if the consumer has the right to file his complaint against them. These days, several large organisations have set up Consumer Service Cells with a view to provide the right to be heard of the consumer. The function of the cell is to hear the complaints of the consumers and to take adequate measures to redress them. Many daily newspapers have also a special columns to entertain the complaints of the consumers.
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Explain any six rights of a consumer under the Consumer Protection Act, 1986.
Or
Consumer Protection Act provides some Rights to the consumers. Explain any four rights of the consumer as per the Act.
Under section-6 of Consumer Protection Act, a consumer has the following rights:
Explain the following rights of a consumer:
Right to seek redressal
Right to Seek Redressal: This right provides compensation to consumers against unfair trade practice of the seller. For instance, if the quantity and quality of the product do not confirm to those promised the seller, the buyer has the right to claim compensation. Several redressals are available to the consumer by way of compensation, such as free repair of the product, taking back of the product with refund of money, changing of the product by the seller.
Establishing Consumer Service Cell’ is the example of which consumer right?
It is related with ‘Right to be heard’.
To publish a magazine under the title ‘Upbhokta Jagran’ is the example of which consumer right?
It is related with ‘Right to consumer education’.
Which Consumer Right gives the business firms freedom to set up their own consumer service and grievance cell?
It is ‘Right to be heard’.
What is meant by ‘Right to choose’ to a consumer?
It means that consumer has the full right to buy any goods or services available in the market.
What is meant by ‘Right to be heard’ to a consumer’?
Under this right, the consumer can file a complaint against all those things which are prejudicial to his interest.
What is meant by ‘Right to be informed’ to the consumer?
It means that a consumer has the right that he should be provided all the information on the basis of which he decides to buy goods or services.
What are the responsibilities of a consumer?
They are as follows:
(i) Consumer must exercise his Rights: Consumers have many rights with regard to the goods and services. They must be aware of their rights while buying. These rights are: right of safety, right to be informed, right to representation, right to seek redressal, right to consumer education, etc.
(ii) Cautious Consumer /do not buy Blindly: The consumers should make full use of their reason while buying things. They should not take the seller’s words as the final truth. In other words, while buying consumer must get information regarding the quality, quantity, price, utility, etc. of goods and services.
(iii) Filing complaint for the redressal of genuine grievances: It is the responsibility of the consumers to approach the officer concerned in case there is some complaint about the goods purchased. A late complaint may find that the period of guarantee/warrantee has lapsed. Sometimes, consumers ignore the deception of businessmen. This tendency encourages corrupt business practices.
(iv) Consumer must be Quality Conscious /should not compromise on Quality: The consumers should never compromise on the quality of the goods. Therefore, they should not buy inferior stuff out of greed for cheaper prices. If the consumers behave like this, there cannot be any protection for them from any quarter. It is also the responsibility of the consumers only to buy goods with the ISI, Agmark, Woolmark, FPO, etc. printed on them. All these symbols are indicative of the good quality of the goods.
Explain the rights and responsibilities of a consumer.
Rights of a consumer:
(i) Right to Safety: It is the right to safety against such goods and services as are hazardous to health, life and property of the consumer. For example, spurious and sub-standard drugs.
(ii) Right to be Informed: Consumer has also the right that he should be provided all the information on the basis of which he decides to buy goods or services. Such information relate to quality, purity, potency, standard, date of manufacture, method of use, etc. of the commodity.
(iii) Right to Choose: Consumer has the full right to buy any good or service of his choice from among the different goods or services available in the market. In other words, no seller can influence his choice in an unfair manner.
Responsibilities of a consumer:
(i) Consumer must exercise his Rights: Consumers have many rights with regard to the goods and services. They must be aware of their rights while buying. These rights are: right of safety, right to be informed, right to representation, right to seek redressal, right to consumer education, etc.
(ii) Cautious Consumer /do not buy Blindly: The consumers should make full use of their reason while buying things. They should not take the seller’s words as the final truth. In other words, while buying consumer must get information regarding the quality, quantity, price, utility, etc. of goods and services.
(iii) Filing complaint for the redressal of genuine grievances: It is the responsibility of the consumers to approach the officer concerned in case there is some complaint about the goods purchased. A late complaint may find that the period of guarantee/warrantee has lapsed. Sometimes, consumers ignore the deception of businessmen. This tendency encourages corrupt business practices.
Explain, in brief, any six responsibilities of consumer to safeguard their interest.
Following are the responsibilities of a consumer:
I saw an advertisement in the newspaper regarding a domestic iron and ordered for the purchase of the same to the shopkeeper. What will be my responsibilities as a customer so that I should not be exploited by the shopkeeper? State any three such responsibilities.
In this situation following are the responsibilities of a customer:
(i) Consumer must exercise his Rights: Consumers have many rights with regard to the goods and services. They must be aware of their rights while buying. These rights are: right to safety, right to be informed, right to representation, right to seek redressal, right to consumer education, etc.
(ii) Cautious Consumer /do not buy Blindly: The consumers should make full use of their reason while buying things. They should not take the seller’s words as the final truth. In other words, while buying consumer must get information regarding the quality, quantity, price, utility, etc. of goods and services.
(iii) Filing complaint for the redressal of genuine grievances: It is the responsibility of the consumers to approach the officer concerned in case there is some complaint about the goods purchased. A late complaint may find that the period of guarantee/warrantee has lapsed. Sometimes, consumers ignore the deception of businessmen. This tendency encourages corrupt business practices.
State any two points of the responsibilities of a consumer.
(i) Consumer must exercise his/her rights.
(ii) Filing complaint for the redressal of genuine grievances.
Ahmed wants to buy an iron. As an aware customer how can he be sure about the quality of iron?
He should check ISI mark on the product as it provides quality assurance.
Why should a consumer look for ISI mark on electrical goods?
Because it would be an assurance of such products meeting quality standards.
Give any one responsibility of a consumer in addition to obtaining a cash receipt while purchasing a washing machine.
He should check ISI mark on the product as it provides quality assurance.
Give any one responsibility of a consumer in addition to obtaining a cash memo while purchasing an edible oil.
The consumer should buy only AGMARK labelled edible oil as it provides quality assurance.
Explain any four ways and means of consumer protection followed in India.
Main means of consumer protection are as under:
Explain the various ways and means available to the consumers for redressing their grievances under Three-tier Judicial Machinery.
The Consumer Protection Act has provided three tier judicial machinery for redressing the grievances of consumers:
(A) District Forum: According to Consumer Protection Act, state government can set up one or more district forum in each district. Main features of district forum are as under:
(i) There are three members including one presiding officer. Of these one must be a lady member. They are appointed by the state government. The presiding officer must have the qualifications of a District Judge.
(ii) District Forum hears disputes involving a sum upto र 20 lacs.
(iii) If neither party is satisfied with the judgement of the District Forum, it can file appeal against it with the state commission within 30 days.
(B) State Commission: One state commission is appointed by the state government in each state. Its main characteristics are as follows:
(i) It is also composed of three members including one presiding officer. Of these, one must be a lady member. They are appointed by the state government. The person appointed as presiding officer must have the qualifications of an Honourable Justice of the High Court.
(ii) State commission redresses grievances involving a sum exceeds र 20 lacs and upto र 1 crore.
(iii) If either of the party is not satisfied with the decision of the state commission, it can file an appeal before the National Commission within 30 days.
(C) National Commission: It is appointed by the central government. Its main characteristics are as under:
(i) It has five members including the presiding officer. One lady member is a must. They are appointed by the central government. Only that person is eligible to become the presiding officer who possesses qualifications equivalent to Supreme Court Judge.
(ii) It has the jurisdiction to hear complaints involving a sum exceeding र 1 crore.
(iii) If any party is not satisfied with the decision of the National Commission, it can file an appeal with the Supreme Court within 30 days.
State Commission redresses the grievances of what amount?
Exceeds र 20 lacs but upto र 1 crore.
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Sandeep purchased a diesel car for र 7 lacs from an automobile company and found its engine defective. Despite many complaints the defect was not rectified. Suggest to him the appropriate authority where he could file a complaint under Consumer Protection Act.
He should file a complaint in District Forum.
Which claims can be appealable before the Supreme Court under Consumer Protection Act?
If any party is not satisfied with the decision of the national commission the matter is appealable before the Supreme Court.
State how ‘Self-regulation by business’ acts as a means of Consumer Protection.
Consumer service and grievance cells are established to handle the problems of their consumers.
How ‘Business Associations’ act as a means of consumer protection? State.
Business associations prepare a code of conduct for businessmen indicating how they are expected to behave with the consumers.
State any six functions performed by consumer organization working in the field of consumer protection.
Or
Non-Government Organizations perform several functions for the protection and promotion of interests of consumers. State any six functions performed by them.
These consumer organisations perform the following functions:
(i) Accelerating Consumer Awareness/Educating Consumers: The first priority of consumer organisation is to accelerate consumer awareness towards their rights. To accomplish this task following efforts are made:
(a) To publish brochures, journals and monographs.
(b) To arrange conferences, seminars and workshops.
(ii) Collecting Data on Different Products and Testing them: These organisations collect samples of different products from time to time and test them. After that the results of tests are declared to public. In this way, these organisations provide prior information to consumers about the authenticity of product and protects them.
(iii) Filing Suit on behalf of Consumers: Whenever a consumer fails to raise his voice of protection regarding his complaints, these consumers’ organisations come to his rescue and file a case in the court. They also run voluntary complaint centres for the guidance of consumers.
(iv) Helping Educational Institutions: These organisations tell the educational institutions the way to prepare courses of study keeping in view the interests of the consumers. They stress the fact that a special chapter on consumers’ interest should always be added to the courses on general study.
(v) Promoting network of Consumer Associations: Consumer organisations are trying to grow their numbers. They want to cover all regions so that consumers of all regions are benefited by their services.
(vi) Extending Support to Government: Consumer organisations by informing government agencies about adulteration, artificiality, inferior quality products and other such evils helps government. This helps government to conduct proceedings on time.
Mr. X is a sweetmaker (Halwai), who collects milk from village to village and prepares sweet on Deepawali. Due to increased demand, he purchased khoya from other shopkeeper which was adulterated, because it was not possible to meet the demand from collected milk. For meeting the demand quickly he has not maintained cleanliness while preparation of sweets. He kept two children for packing the sweet and one female at cash counter. Which social values is he affecting and how?
(i) Use of adulterated khoya will spoil the health of consumers.
(ii) Child labour is a crime.
(iii) Spreading diseases due to non-consideration of cleanliness.
(iv) By employing females equal opportunities to females.
A company engaged in selling spices, claims about purity in its advertisement. But in laboratories, after examination, the spices were found adulterated . Which values are being violated here?
(i) Harmful for health.
(ii) Adulteration is violation of law.
(iii) False information to consumers.
A pharmacy company doesn’t provide information about the expiry date on the packet of his drug. Which values does this manufacturer violate?
(i) Endangering the lives.
(ii) Violation of law.
(iii) False information to consumers.
A manufacturer of food products uses bad quality material for packing the product resulting in spoiling goods in reaching the consumers. Which value is being ignored here?
(i) Deterioration of quality of products.
(ii) Reduction in quantity of the products.
(iii) Bad effects on health of consumers.
A toy manufacturing company uses low quality plastics and harmful colours which affect the health of the children. Which value is being ignored here?
(i) Bad effects on the health of children.
(ii) Polluting the environment.
(iii) Violation of rules/regulations.
Mohan purchased a press for र1000/-. On using it, he found it defective. The seller did not respond to the complaint. In your view, what should be done by seller as well as Mohan?
(i) The seller should get the iron of Mohan repaired.
(ii) Rights of Mohan should not be violated.
(iii) Mohan should file complaint to the company against the seller.
(iv) If not heard then Mohan should move to consumer court.
A patient didn’t read carefully the instructions on the pack of the drug. On using it his health deteriorated further instead of improving. If you were in his place what would you do?
(i) To read the instructions and information carefully.
(ii) To consult the chemist/doctor.
On the eve of Diwali Ravi purchased two kilograms of sweets from Nandan Sweets. On consumption of sweets his wife fell sick and was to be hospitalized. Ravi wanted to file a case in the consumer forum but could not do so because he did not have any proof of buying the sweets from Nandan sweets. Name the document that Ravi could had obtained for filing the complaint in the consumer forum.
The document Ravi needed for filing complaint is Cash memo.
State any three points of importance of consumer protection from the point of view of consumers.
The importance of consumer protection from the consumers’ point:
(i) Consumer Ignorance: Providing information to customers about his various rights and reliefs is very essential in order to get rid of the customers ignorance about their rights.
(ii) Unorganised Consumers: Union is strength. A customer alone may not be able to raise his voice against and question the mighty business enterprises. But when they are organised it makes the difference. Consumers need to be organised in the form of consumer organisations which would take care of their interests.
(iii) Widespread Exploitation of Consumers: Consumers might be exploited by unscrupulous, exploitative and unfair trade practices like defective and unsafe products, adulteration, false and misleading advertising, hoarding, black-marketing etc. Consumers need protection against such malpractices of the sellers.
Explain the following rights of consumers:
(i) Right to be informed;
(ii) Right to safety
(i) Right to Safety: According to this act, consumer has a right to be protected against goods and services which are hazardous to life and health. For example, electrical appliances, which are manufactured with substandard products many not conform to the safety norms and might cause serious injury. Thus, consumers are educated that they should use electrical appliances which are ISI marked as this would be an assurance of such products meeting quality specifications.
(ii) Right to be Informed: According to this act, Consumers have the right to get informed all about the product he intends to buy. The information includes its ingredients, date of manufacture, price, quantity, directions for use, etc. It is because of this reason manufactures are legally required to provide all such information on the package and label of the product.
Under three-tier machinery where can a legal heir or representative of a deceased consumer file a complaint when the compensation claimed is 25 Lakhs?
For compensation claims above 20 lakhs, a consumer has to approach the state commission and file the complaint. In this case, the legal heir of deceased consumer can file complaint in state commission as the compensation claim is 25 lakh.
Pragya bought an iron of a reputed brand for 1,500 but it caused an electric shock while it was being used. Pragya wants to exercise her 'Right'. Identify the 'Right' under which she can be protected.
Pragya can exercise the following rights:
a) Right to Safety: Praghya has the right to be protected against goods and services which are hazardous to life and health.
b) Right to be Heard: Praghya has the right to file a complaint and to be heard. Usually reputed companies have their own consumer service and grievance cell where she can say her complaints and have the right to be heard.
c) Right to seek Redressal: Praghya has a right to get relief in this case as the product falls short of her expectations. The Consumer Protection Act provides a number of reliefs to the consumers including replacement of the product, removal of defect in the product, compensation paid for any loss or injury suffered by the consumer, etc.
Explain any four points of importance of consumer protection from the point of view of business.
In addition to profit-making, the business must give due importance to the consumer protection and their satisfaction. This is important because of the following reasons:
(i) Long-term Interest of Business: Giving importance to consumer protection and their satisfaction makes the consumers delighted and thus they become a loyal customer. Customer loyalty is very beneficial for a business as they will repeat their purchase and also lead to mouth to mouth marketing to their friends and relatives which help in increasing the customer-base of business. Thus, business firms should aim at long-term profit maximisation through customer satisfaction.
(ii) Business uses resources of the society: Business uses resources which actually belongs to the society. Thus they have a moral responsibility towards the consumers to provide quality products.
(iii) Moral Justification: It is the moral duty of any business to take care of consumer’s interest and avoid any form of their exploitation. Thus, a business must avoid exploitative and unfair trade practices like defective and unsafe products, adulteration, false and misleading advertising, hoarding, black marketing etc.
(iv) Government Intervention: A business engaging in any form of exploitative trade practices would invite government intervention or action. This can impair and tarnish the image of the company. Thus, it is advisable that business organisations voluntarily resort to such practices where the customers’ needs and interests will well be taken care of.
How business associations act as a means of consumer protection? State.
By laying down the code of conduct for the members, business associations like FICCI and CII provide guidelines in their dealings with the customers and facilitate consumer protection.
Give any one relief available to consumer who suffers due to consumption of expired date medicine.
Consumer can claim for a reasonable amount of compensation for any injury/sickness suffered by the consumer due to the consumption of expired date medicine.
Explain the following ‘Rights of a Consumer’.
i. Right to safety
ii. Right to consumer education.
1. Right to Safety: According to this act, consumer has a right to be protected against goods and services which are hazardous to life and health. For example, electrical appliances, which are manufactured with substandard products many not conform to the safety norms and might cause serious injury. Thus, consumers are educated that they should use electrical appliances which are ISI marked as this would be an assurance of such products meeting quality specifications.
2. Right to Consumer Education: According to this act, the consumer has a right to acquire knowledge and be well informed. He should be aware about his rights and the reliefs available to him in case of exploitation and injustice. Many consumer organisations and some businesses organisations are taking active participation for educating consumers their rights.
Reena purchased one litre of pure Deshi Ghee from a shopkeeper. After using it she had a doubt that it is adulterated. She sent it for a laboratory test which confirmed that the Ghee is adulterated. State any six reliefs available to Reena, if she complaints and the consumer court is satisfied about the genuineness of the complaint.
If Reena complains about the adulteration and could satisfy the consumer court its genuineness, the following reliefs are available.
(i) To replace the defective Deshi Ghee with a new one, free from any defect.
(ii) To refund the price paid for the product, or the charges paid for the service.
(iii) To pay a reasonable amount of compensation to Reena for any loss or injury/sickness suffered by the due to the consumption of adulterated ghee.
(iv) To discontinue the unfair/ restrictive trade practice and not to repeat it in the future.
(v) To pay an adequate cost to Reena.
(vi) )To withdraw the hazardous goods from sale.
(vii)To cease manufacture of hazardous goods and to stop offering hazardous services.
Prakhar purchased an ISI mark electric iron from 'Bharat Electricals'. While using he found that it was not working properly. He approached the seller and complained for the same. The seller satisfies Prakhar by saying that he will ask the manufacturer to replace this iron. The manufacturer refused to replace and Bharat Electricals decided to file a complaint in the consumer court.
Can 'Bharat Electricals' do this? Why? Also explain 'who is a consumer' as per Consumer Protection Act, 1986
According to Consumer Protection Act, 1986, a Consumer is defined as:
a) Any person who buys any goods for a consideration, which has been paid or promised, or partly paid and partly promised, or under any scheme of deferred payment. It includes any user of such goods, when such use is made with the approval of the buyer, but does not include a person who obtains goods for resale or any commercial purpose.
b) Any person who hires or avails of any service, for a consideration which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. It includes any beneficiary of services when such services are availed of with the approval of the person concerned but does not include a person who avails of such services for any commercial purpose.
Here ‘Bharat Electricals’ cannot file a complaint as it is not a consumer as per the Consumer Protection Act 1986 Act and it has purchased good from the manufacturer for commercial purpose that is reselling.
Indian Youth Organisation (IYO) organised a visit of its members to an old age home to inculcate the habit of social work among them. The visit revealed that the living conditions of the inmates of the old age home were not hygienic. So, the IYO members decided to clean the premises. During their cleanliness drive, they realised that the old age home also required pest control. But some of the inmates of old age home were reluctant for it because they believed that the pest control may create health problems for them. IYO, therefore decided to provide ethical, safe and odourless pest
control. They showed to the inmates of old age home a pamphlet of the proposed pest control product which promised easy, inexpensive and long lasting pest control. The inmates happily agreed and the pest control was carried out. It worked for a fortnight but to their dismay the effect started wearing off. IYO contacted the pest control company which kept on postponing their visit. After waiting for a month, IYO filed a case in the consumer court. The consumer court was satisfied about the genuineness of the complaint and issued necessary directions to the pest control company.
(a) State any six directions that might have been issued by the court.
(b) Also, identify any two values that are being communicated by IYO to the society.
(a) Six directions which might have been issued by the court:
i. Removing the deficiency in the pest control service and repairing the defective goods.
ii. To provide the pest control service again and replacement of defective good with the new one.
iii. Refunding the cost paid by the consumer of pest control.
iv. Removing any misleading advertisements and passing orders for issuing a correct and reliable advertisement so that it does not cheat the consumers.
v. Crediting an appropriate amount(not less than 5% in the question) to the Consumer Welfare Fund.
vi. To discontinue the exploitative practice and providing compensation to the consumer for the loss or injury suffered by them, and not to repeat the same in future.
(b) Values communicated by IYO to society are:
(i) Fulfilling social responsibility as IYO visited an Old Age Home so that they can do some social work.
(ii) Promoting hygienic and clean environment as the club decided to clean the premises.
Government is actively advertising for ‘Jago Grahaks Jago’. Which consumer right is highlighted in the given statement?
Right to consumer education.
The approach of Caveat Emptor has been changed to Caveat Venditor. What do the two approaches mean? Why has such a radical change taken place?
The approach of Caveat Emptor means let the buyer beware and approach of caveat venditor means let the seller beware. The change has taken place because a consumer is said to be a king in the current competitive market and all the marketing efforts of a firm revolve around him
Identify the products to which the following quality certification marks are associated. Also mention the name of quality mark.
Ramesh purchased medicines without noticing a date of expiry. He did not obtain cash memo. Do you think, Ramesh will be able to protect himself by loss caused due to expired medicine?
No, Ramesh will not be able to protect himself as he didn’t obtain the proof of purchase, i.e. cash memo.
Mention the quality mark which a consumer should look for while purchasing the following products:
Why is consumer protection important for consumers? Give any one reason.
It is important because of ‘consumer ignorance’.
Which act provides for the setting up of three-tier machinery?
Consumer Protection Act, 1986.
Which consumer right entitles the consumer to get relief in case the product or service falls short of his expectation?
Right to seek redressal.
Name the right, Which suggests that a consumer has a right to register his dissatisfaction?
Right to be heard.
Rita wants to buy a packet of juice. As an aware customer, how can she be sure about the quality of juice she plans to buy?
Rita should look for FPO Mark on the packet of juice.
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Harishankar purchase a book for Rs. 250. Later on, he found that MRP of book was Rs. 200 only and the shopkeeper had put a sticker of Rs. 250 on the original MRP. Answer the following question:
What is the concept of consumer protection? Give importance of consumer protection.
Meaning: Consumer protection refers to protecting the consumer against anti-consumer trade practices by the producers or sellers.
Importance of Consumer Protection:
From Consumer point of view:
From Business Point of view:
Explain the redressal mechanism available to consumers under the Consumer Protection Act, 1986.
Or
Explain the redressal machinery under the Consumer Protection Act,1986.
The redressal machinery under the consumer protection Act,1986:
Explain the role of consumer organizations and NGOs in protecting and promoting consumers’ interests.
In India, several consumer organisations and non-governmental organizations (NGOs) have been set up for the protection and promotion of consumers’ interests. They perform several functions:
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