The Legal Analyst ISSN: 2231-5594 Volume 1, 2011, pp.

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DUTIES AND RIGHTS OF CONSUMERS

Nandita Bhattacharyya*
If a consumer is offered inferior products, if prices are exorbitant, if drugs are unsafe or worthless, i f the consumer is unable to choose on an informed basis, then his [money] is wasted, his health and safety may be threatened, and national interest suffers. -John F. Kennedy 1 Abstract: In the era of knowledge-based society, everyone is careful for protection of their rights but, in form of consumers, generally we avoid to check the quality of services and materials which we purchase or hire. On other hand, the manufacturer and service providers, knowing this fact, get success through their unreasonable and irrational activities in form of food adulteration, deficiency in service etc. This paper points out the duties as well as rights of consumers. Key Words : Consumers, Rights, Duties.

Introduction: The relationship between right and duty is a debatable jurisprudential issue but one thing is very clear that these both terms are correlative. Both terms are interlinked. If any person has right obviously he is under duty too. In the era of globalised world, the traders take the recourse of various means and modes to get benefit from their business and for this purpose, false and imaginary advertisements, gifts, etc. are offered to attract the consumers. As every one is consumer regardless of occupation, age, sex, community or religious association, the knowledge about their duties and rights are of prime concern. At the National level as well as international level, there are numerous measures which lay down the norms regarding consumer protection. To protect the rights of consumers, there is mainly some measures like - consumer self help, consumers association, business self regulation and Government regulations etc. Among other measures, consumer self-help is best as self help is the best help and to use this measure the consumers must know what are their duties and rights. Citizens Charter, Department of Consumer Affairs, Govt. of India mentions its vision as to protect the rights and interests of consumers, to spread awareness about consumer rights, duties and responsibilities and to promote consumer welfare by strengthening consumer movement in the country. The duties of consumers may be divided in two partsFirst, duties which are required for enforcement of our own rights Second, duties towards others Basically, the consumers have following duties1. Duty to check: Before hiring or buying, services or goods, they should check properly everything about services and goods. If any person is purchasing medicine, he/she must check properly batch number, date of manufacturing and expiry, brand name, name of the manufacturing company, MRP etc. 2. Duty to be aware: Every consumer must be aware about his/her duties and it is prerequisite to implement the rights in right direction. Without being aware about our own rights, no one can claim. To create awareness, a lot of attempts are being done. For example- On 24th December, every year National Consumer Rights Day is observed. The Ministry of Consumer Affairs, Govt. of India declared the 2010 years theme Consumers! Discharge your Responsibilities: Assert your Rights which clearly means 'there cannot be rights without responsibilities. World Consumer Rights Day is observed every year on 15th March as an opportunity to promote the basic rights of all consumers, for demanding that those rights are respected and protected, and for protesting the market abuses and social injustices which undermine them. At the first time it was observed on 15 March 1983. The

*Advocate, Gauhati High Court Ag artala Bench, Ag artala, INDIA.

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Ex-President of United States of America http://www.cuts-international.org/consumer-rights.htm

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theme of World Consumer Rights Day 2011 declared by Consumers International is Consumers for Fair Financial Services. 3. Duty to protest: Every consumer must have zeal and courage to protest against malpractices in transaction. If any problem relating to goods or service is faced or received by consumers, they should ask to concerned trader or service provider. If they do not take any remedial step, the consumer must take recourse of consumer forum. 4. Duty to demand: It is duty of all consumers to demand for receipt, warranty and guaranty cards etc. at the time of purchase. Only ISI marked goods, where safety is most required, should be purc hased. ISI marks are given under the Bureau of Indian Standards Act, 19862 . For instance-If a person wants to purchase helmet, he/she must demand only ISI marked helmets. ISI marks are given by Bureau of Indian Standards (BIS). BIS aims at providing Third Party Guarantee of quality, safety and reliability of products to the ultimate customer. Presence of ISI certification mark known as Standard Mark on a product is an assurance of conformity to the specifications. The conformity is ensured by regular surveillance of the licensee's performance by surprise inspections and testing of samples, drawn both from the market and factory. Although, the scheme itself is voluntary in nature, the Government of India, on considerations of public health and safety, security, infrastructure requirements and mass consumption has enforced mandatory certification on various products through Orders issued from time to time under various Acts. While BIS continues to grant licences on application, the enforcement of compulsory certification is done by the notified authorities. The broad areas of technologies now under certification are as- textiles, chemicals and pesticides, rubber and plastic products, cement and concrete products, building materials, pumping, irrigation, drainage and sewage equipment, pipes and fittings for water supply, basic metals and fabricated metal products, machinery and equipment, electrical, electronics and optical equipment, automotive components, agriculture, food and tobaccos, black tea and beverages, packaged drinking water and natural mineral water, leather products, wood products, paper and pulp products, testing instruments etc. Further, packed foods should be purchased only with AGMARK certification. AGMARK is given to various commodities like- food grain and allied products, fruits and vegetables, spices and condiments, edible nuts, vegetable oils and fats, live stock, dairy and poultry products, fibre crops, essential oils etc. Without AGMARK certification, if offered by traders, must be refused. AGMARK certification is a quality certification mark provided by the Government of India. This certification confirms that the product or commodity in better term is scientifically laid down. It confirms the quality control and the best hygienic condition of the food. AGMARK is provided under the provisions of Agricultural Produce (Grading and Marking) Act, 19373 which is intended to provide for the grading and marking of agricultural and other produce. 5. Duty towards others: Being a consumer, its sole responsibility of all consumers to use such type of goods which are environmental friendly otherwise, the result of irresponsible consumption will be very destructive and dangerous for the existence of human as well as for other creatures also. Further, the wastes originated from those goods should be segregated according to norms of law and reached to waste collection centre properly. Furthermore, being a consumer it is our duty to buy only necessary items in quantity and quality otherwise the rates of goods and services will increase due to shortage of goods and services in market and in this way the rights of other consumers will be hampered. In other words, over purchasing of goods which are in short affects others rights to availability and fair price, etc. On 15th March 1962, when the Bill for Consumer Rights was moved in the US Congress, President John F. Kennedy had equated the rights of the ordinary American consumer with national interest. He gave the American consumer four basic rights- the right to safety, the right to choose, the right to information and the right to be heard. After thirteen years, US President Gerald Ford felt that the four rights constituted in Kennedys Bill of Rights were inadequate for a situation where most consumers are not educated
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Act No. 63 of 1986 Act No. 1 of 1937

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enough to make the right choices. So he added the Right to Consumer Education, as an informed consumer cannot be exploited easily. The Consumers International, former International Organisation of Consumer Unions, the umbrella body, for 240 organisations in over 100 countries, expanded the charter of consumers rights as1. Right to Basic Needs 2. Right to Safety 3. Right to Information 4. Right to Choice 5. Right to Representation 6. Right to Redress 7. Right to Consumer Education and 8. Right to Healthy Environment. Taking into account the interests and needs of consumers in all countries, particularly those in developing countries; recognizing that consumers often face imbalances in economic terms, educational levels and bargaining power; and bearing in mind that consumers should have the right of access to non-hazardous products, as well as the right to promote just, equitable and sustainable economic and social development and environmental protection, the UN adopted United Nations Guidelines for Consumer Protection4 in April 1985 which have the following objectives: (a) To assist countries in achieving or maintaining adequate protection for their population as consumers; (b) To facilitate production and distribution patterns responsive to the needs and desires of consumers; (c) To encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers; (d) To assist countries in curbing abusive business practices by all enterprises at the national and international levels which adversely affect consumers; (e) To facilitate the development of independent consumer groups; (f) To further international cooperation in the field of consumer protection; (g) To encourage the development of market conditions which provide consumers with greater choice at lower prices; (h) To promote sustainable consumption. The legitimate needs which the aforesaid guidelines are intended to meet are the following: (a) The protection of consumers from hazards to their health and safety; (b) The promotion and protection of the economic interests of consumers; (c) Access of consumers to adequate information to enable them to make informed choices according to individual wishes and needs; (d) Consumer education, including education on the environmental, social and economic impacts of consumer choice; (e) Availability of effective consumer redress; (f) Freedom to form consumer and other relevant groups or organizations and the opportunity of such organizations to present their views in decision-making processes affecting them; (g) The promotion of sustainable consumption patterns. Following are some important rights available to consumers1. Right to safety: United Nations Guidelines for Consumer Protection provides that Governments should adopt or encourage the adoption of appropriate measures, including legal systems, safety regulations, national or international standards, voluntary standards and the maintenance of safety records to ensure that products are safe for either intended or normally foreseeable use. 5 Right to safety has got statutory recognition under section 6 (a) of CPA. Right to safety means the right to be protected against marketing of goods and services which are hazardous to life and property. Earlier, the interpretation of the right to safety was limited to electronic products and other such products.
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Available at http://www.consumersinternational.org/media/275953/un%20guidelines%20on%20cp.pdf Para 11

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Now, its definition has expanded a lot to include safety aspects of new technologies like GM food, food labelling, chemical ingredients in food products etc. In today's scenario of globalisation, consumers have no control over where the products or commodities they use, come from. For instance, the chocolates or syrups we consume, may be manufactured in countries as far as the U.S. or Australia. Consumers in India would have no control over or knowledge of the manufacturing practices of those countries and will have to rely completely on import regulations of the Indian government and food labelling. This makes the consumer right to safety a very important and critical issue for consumers.6 Right to know: Right to know or right to be informed is an essential right for everyone. This right is recognized in section 6 (b) of CPA. Every consumer has right to know about the quantity, quality, weakness, purity, standard and price of goods or services, as the case may be and these are essential to protect the consumer against unfair trade practices. This right now goes beyond avoiding deception and the protection against confusing advertising, labelling or other practices. So, providing adequate information to consumers is very crucial to take right decision by consumers before hiring any service or buying any goods. United Nations Guidelines for Consumer Protection provides that promotional marketing and sales practices should be guided by the principle of fair treatment of consumers and should meet legal requirements. This requires the provision of the information necessary to enable consumers to take informed and independent decisions, as well as me assures to ensure that the information provided is accurate. Governments should encourage all concerned to participate in the free flow of accurate information on all aspects of consumer products. 7 Further, it lays down that Consumer access to accurate information about the environmental impact of products and services should be encouraged through such means as product profiles, environmental reports by industry, information centres for consumers, voluntary and transparent eco-labelling programmes and product information hotlines. 8 Right to be heard: This right is very crucial in case of any problem relating to service or goods. If any consumer find deficiency in service, he/she has right to approach an appropriate forum. This right is guaranteed under section 6 (d) of CPA. Honble Supreme Court of India 9 observed that the provisions of the Act clearly demonstrate that it was enacted keeping in view the long felt necessity of protecting the common man from wrongs where for the ordinary law for all intent and pur port had become illusory. In terms of the said Act, a consumer is entitled to participate in the proceedings directly as a result whereof his helplessness against a powerful business house may be taken care of. Right to choose : It means right to be assured, wherever possible, access to a variety of goods and services at competitive price. In case of monopolies, like railways, telephones, etc., it means right to be assured of satisfactory quality and service at a fair price. The goods and services must be availed in market in appropriate quantity and quality and the consumers must have option to choose better service or goods. Generally, the traders conspire and do not avail all materials in open market, such type of practices are totally against legal norms and interest of consumers. This right is mentioned in section 6 (c) of CPA. United Nations Guidelines for Consumer Protection provides that Governments should encourage fair and effective competition in order to provide consumers with the greatest range of choice among products and services at the lowest cost. Governments should, where appropriate, see to it that manufacturers and/or retailers ensure adequate availability of reliable after-sales service and spare parts.10 Right to redress: Every consumer has right to relief. If the goods are not according to provisions of advertisements or demand of consumer, the consumer has right to return the goods. If there is deficiency in service, the consumer has right to claim in consumer councils for compensation. Right

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http://consumergoods.indiabizclub.com/info/consumer_rights Para 22-23 8 Para 24 9 State of Karnataka v. Vishwabarathi House Building Coop. Society and others AIR 2003 SC 1043 10 Para 19-20

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to redress also includes right to fair settlement of the genuine grievances of the consumers. In India, according to the cost of the goods or services or the compensation asked for where the cause of action arose or where the opposition party work or residual pecuniary jurisdictionIf it is less than Rs. 20 Lakhs, District Forum If more than Rs. 20 Lakhs upto Rs. 1 crore, State Commission If more than Rs. 1 Crore, National Commission The consumer councils are entitled to issue an order to the opposite party directing him to do one or more of the following things, namely 11 (a) to remove the defect pointed but by the appropriate laboratory from the goods in question; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant; (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party; (e) to remove the defects in goods or deficiencies in the services in question; (f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them; (g) not to offer the hazardous goods for sale; (h) to withdraw the hazardous goods from being offered for sale; (ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; (hb) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently: Provided that the minimum amount of sum so payable shall not be less than five per cent of the value of such defective goods sold or services provided, as the case may be, to such consumers: Provided further that the amount so obtained shall be credited in favour of such person and utilized in such manner as may be prescribed; (hc) to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;) (i) to provide for adequate costs to parties. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers is guaranteed under Sec. 6 (e) of CPA. United Nations Guidelines for Consumer Protection mentions that Governments should encourage all enterprises to resolve consumer disputes in a fair, expeditious and informal manner, and to establish voluntary mechanisms, including advisory services and informal complaints procedures, which can provide assistance to consumers. Information on available redress and other dispute-resolving procedures should be made available to consumers.12 6. Right to consumer education: As it has been mentioned earlier that right to consumer education was advocated by US President Gerald Ford, this right is contained in section 6 (f) of CPA. Right to consumer education means the right to acquire the knowledge and skill to be an informed consumer. In this right, everything is contained which can affect the decision of a consumer regarding hiring any service or purchasing any goods. United Nations Guidelines for Consumer Protection mentions13 that Consumer education and information programmes should cover such important aspects of consumer protection as the following: (a) Health, nutrition, prevention of food-borne diseases and food adulteration; (b) Product hazards; (c) Product labelling; (d) Relevant legislation, how to obtain redress, and agencies and organizations for consumer protection;
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Sec. 14 Para 33-34 13 Para 37

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(e) Information on weights and measures, prices, quality, credit conditions and availability of basic necessities; (f) Environmental protection; and (g) Efficient use of materials, energy and water. Further, the Guidelines provide that business should, where appropriate, undertake or participate in factual and relevant consumer education and information programmes. Bearing in mind the need to reach rural consumers and illiterate consumers, Governments should, as appropriate, develop or encourage the development of consumer information programmes in the mass media. Governments should organize or encourage training programmes for educators, mass media professionals and consumer advisers, to enable them to participate in carrying out consumer information and education programmes.14 Consumer education should, where appropriate, become an integral part of the basic curriculum of the educational system, preferably as a component of existing subjects.15 Governments and international bodies, as appropriate, should promote programmes relating to consumer education and information. 16 7. Right to basic needs: This right is very important in context of developing countries. Right to basic needs means availability of goods and services, which are the basic need of every consumer, must be ensured. A very crucial objective of the conceptualisation and existence of consumer rights is to ensure that consumers have an assured food supply, safe and permanent dwellings, and basic amenities of life like sanitation and potable water, and power supply etc. 8. Right to healthy environment: Right to healthy environment is must for existence of human being. This right involves protection against environmental problems over which the individual consumer has no control. It acknowledges the need to protect and improve the environment for present and future generations. Without healthy environment all rights available to consumer will be meaningless. United Nations Guidelines for Consumer Protection mentions that Governments should encourage the design, development and use of products and services that are safe and energy and resource efficient, considering their full life-cycle impacts. Governments should encourage recycling programmes that encourage consumers to both recycle wastes and purchase recycled products. 17 Governments should encourage impartial environmental testing of products.18 9. Other Rights: There are other rights also which are accepted by United Nations Guidelines for Consumer Protection like- right against contractual abuses. The UN Guidelines mention that consumers should be protected from such contractual abuses as one-sided standard contracts, exclusion of essential rights in contracts and unconscionable conditions of credit by sellers.19 Governments should encourage and ensure the availability of facilities to test and certify the safety, quality and performance of essential consumer goods and services.20 Concluding Observation: In changing scenario where competition among traders are more, the traders are very careful to provide maximum qualitative service and facility to their consumers because of this many concepts like customer care came into existence. For instance-if any person has purchased laptop and if within warranty or guarantee period any problem comes to customers; there are various companies like DELL who provides service at home. No need to approach to trader or any other person but requirement is to inform to company and they will give service at home. Presently, every business organization has toll free customer care number. Even though strong and clear laws exist in India to protect consumer rights, the actual plight of Indian consumers could be declared as completely dismal. Very few consumers are aware of their rights or
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Para 39-41 Para 36 16 Para 68 17 Para 45 18 Para 47 19 Para 21 20 Para 30

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understand their basic consumer rights. 21 There are various business organizations that they have given such type of facility but only for name. De facto, inspite of certain rights having been made to consumers, exploitation of consumers continues unabated because of lack of awareness of these rights and the lack of sense of responsibility to Consumers do have certain duties also which are necessary for enforcement of their own rights.

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http://www.merinews.com/article/consumer-rights-in-india/15786813.shtml