In this article, Advocate Sister Jessy Kurian explains what we need to do when faced with ordinary legal issues. It helps to know what our rights are as consumers, and how to go about securing these rights if they are violated.
Recently a friend complained to me that she purchased three sarees to present to her domestic helps. The shop keeper did not allow her to open the sarees and see whether there was any damage. Back home, she found the sarees were damaged. When she took them back to the shop, the seller refused to take them back, saying: “It is written on the bill: ‘Goods once sold will not be taken back.’”
A consumer is the one who buys any goods for a consideration which he/she paid or promised to pay or partly paid and partly promised or under any system of deferred payment. The person who buys goods for re-sale or for commercial purpose is not a consumer under the ‘Consumer Protection Act 1986’.
Every consumer has the right to safety, right to be informed, right to representation, right to choose, right to be heard, right to seek redressal and the right to consumer education
Right to safety: It means a consumer has the right to safety against such goods and services as are hazardous to his/her health and life and property. For example, spurious and substandard 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. The consumer has the right to safety against the loss caused by such products.
Right to be informed: A consumer has the right to be provided with all the information on the basis of which he/she decides to buy goods or services. Such information relates 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 the consumer is not cheated.
Right to Choose: A consumer has the absolute right to buy any goods or services of his/her choice from among the different goods or services available in the market. In other words, no seller can influence his/her choice in an unfair manner. If any seller does so, it will be deemed as interference in his/her right to choice
Right to be heard: A consumer has the right that his/her complaint be heard. Under this right the consumer can file a complaint against all those things which are prejudicial to his/her interest. These days several large organizations have set up Consumer Service Cells with a view to providing the consumer the right to be heard. 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 special columns to entertain the complaints for the consumers.
Right to Seek redressal: This right provides compensation to the consumers against unfair trade practice of the seller. For instance, if the quantity and quality of the product do not conform to those promised by the seller, the buyer has the right to claim compensation.
Right to consumer Education: This right refers to educating 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.
Consumer Protection Act, 1986
The law that is enacted to protect and promote the interest of consumers in India is called ‘The Consumer Protection Act, 1986’. Its main objective is to provide speedy and simple redressal to consumer disputes. It is a quasi-judicial machinery set up at the district, State and Central levels. These quasi-judicial bodies have to observe the principles of natural justice and have been empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers.
The main Consumer Disputes Redressal Agencies are: (1) A Consumer Disputes Redressal Forum, which is known as “District Forum,” established by the State Government in every District; (2) a Consumer Disputes Redressal Commission, which is known as the “State Commission,” established by the State Government in every State; (3) A National Consumer Disputes Redressal Commission established by the Central Government.
The District Forum shall entertain complaints where the value of the goods or services and the compensation, if any claimed, does not exceed rupees twenty lakh.
The State Commission can entertain complaints where the value of the goods or services and compensation, if any claimed, exceeds rupees twenty lakh but does not exceed rupees one crore.
The National Commission shall entertain complaints where the value of the goods or services and compensation claimed exceeds rupees one crore and appeals against the orders of any State Commission and to do all proceedings in the interest of justice.
Every complaint filed should be accompanied with required amount of fee. On receipt of a complaint the District Forum may by order allow the complaint to be proceeded with or rejected. But the Form should give an opportunity to the Complainant to be heard before rejecting the complaint if do so.
Appeal lies from all these bodies within thirty days, such as from District Forum to State Commission, from State Commission to National Commission and from National Commission to Supreme Court.
The law punishes “Unfair trade Practice”. It is a trade practice which, for the purpose of promoting the sale, uses or supplies any goods or any service, adopts any unfair method or unfair or deceptive practice including any service: (1) Falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or mode; (2) Falsely represents that the services are of a particular standard, quality or grade; (3) Falsely represents any re-built, second-hand, renovated, re-conditioned or old goods as new goods; (4) Represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have; (5) Represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (6) Makes a false or misleading representation concerning the need for, or the usefulness of , any goods or services; (7)Gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test, etc.
Bases on the above law, the consumer has the right to open and see the commodity to know whether there is any damage before paying. “Goods once sold will not be taken back” has no serious legal stand, because we find it on the bill only after paying the amount or purchasing the commodity.
However, the consumer has to exercise and claim his/her right.
Advocate-Sister Jessy Kurien SAP practices in the Supreme Court, Delhi. She belongs to the Congregation of the Sisters of St. Anne of Providence.
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