This document discusses consumer rights in India. It begins by defining what a consumer is and provides examples of goods and services. It then outlines the four rights given to consumers by John F. Kennedy: right to safety, right to be informed, right to choose, and right to be heard. It provides details on each of these rights. The document also discusses the right to redress, right to represent, and consumer education in India. It lists several laws enacted to protect consumers in India, including the Consumer Protection Act of 1986. Finally, it poses some examples of situations that may violate consumer rights.

1. Dr Sailaja Petikam
Assoc.Professor
College of Law
KL (Deemed to be ) University
sailaja.petikam@gmail.com

2.  Every human being buy a variety of goods and
services in their day-to-day life. Whatever they
buy have to pay for it and derive satisfaction
from its consumption and use. But sometimes
they do not feel satisfied with the product they
buy. This may be on account of poor quality of
the product, overcharging by the shopkeeper,
lower quantity of contents, misleading
advertisement, and so on.

3.  Consumer is a person who consumes or uses any goods or services.
 Goods may be consumables like wheat flour, salt, sugar, fruit etc. or
durable items like television, refrigerator, toaster, mixer, bicycle etc.
 Services refer to items like electricity, cooking gas, telephone,
transportation, film show etc.
 Normally, it is the consumption or use of goods and services that makes
the person to be called as ‘consumer’. But in the eyes of law, both the
person who buys any goods or hires any service for consideration(price)
and the one who uses such goods and services with the approval of the
buyer are termed as consumers.
 For example, when your father buys apple for you and you consume
them, your father as well as yourself are treated as consumers.
 The same thing applies to hiring a taxi to go to your school. In other
words, even the buyer of goods and services whether he uses them
himself or purchases them for consumption or use by some other
person(s) is treated as consumer in the eyes of law.
 However, a person who buys goods for resale (like wholesaler, retailer,
etc.) or for any commercial purpose is not treated as consumer.
 Under the Consumer Protection Act 1986, the word Consumer has been
defined separately for the purpose of goods and services.

4.  John F, Kennedy, the former USA President, in his message
to consumer had given FOUR rights to consumers on March
15th 1962. . These rights are- (i) right to safety, (ii) right to be
informed, (iii) right to choose and (iv) right to be heard.
 March 15th _World Consumer Rights Day.
 Jan 24th – National Consumers Rights Day
 These rights had paved the way for organised consumer
movement in the USA and later it spread all over the world.
 In India, the Consumer Protection Act, 1986 has also
provided for the same rights to consumers. These rights are
(i) right to safety, (ii) right to be informed, (iii) right to
choose, (iv) right to be heard, (v) right to redress and (vi)
right to represent. Let us have a brief idea about these rights
of consumers.

5.  A consumer has the right to safety against such
goods and services as are hazardous to his
health, 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 consumers have the right to
safety against the loss caused by such products.

6.  A consumer has also the right that he should be
provided with 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 the
consumer is not cheated.

7.  A consumer has the absolute right to buy any
goods or services 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.

8.  A 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 providing
the consumer the right to be heard.

9.  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.
 Several redressal 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.

10.  Consumer education 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.
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
the “Sanrakshan Upbhokta Ka” and apart from
this, Consumer Day is observed on March 15 every
year.

11.  A number of laws have been enacted in India to safeguard the
interest of consumers and protect them from unscrupulous and
unethical practices of the businessmen. Some of these Acts are as
follows:
 (i) Drug Control Act, 1950
 (ii) Agricultural Products (Grading and Marketing) Act, 1937
 (iii) Industries (Development and Regulation) Act, 1951
 (iv) Prevention of Food Adulteration Act, 1954
 (v) Essential Commodities Act, 1955
 (vi) The Standards of Weights and Measures Act, 1956
 (vii) Monopolies and Restrictive Trade Practices Act, 1969
 (viii) Prevention of Black-marketing and Maintenance of Essential
Supplies Act, 1980
 (ix) Bureau of Indian Standards Act, 1986

12.  In order to protect the interest of the Consumer number of
legislations are enacted. One of the most important social security
legislation is The Consumer Protection Act, 1986. Which is came
into force from 15th March , 1987. Let us know the provisions of
the legislation i.e. the rights of consumers, legal provisions and
mechanism for settlement of consumer grievances, and see the
changes as per New Act i.e. The Consumer Protection Act, 2019
 Object: Act is to provide for better protection of the interests of
consumers and for that purpose to make provision for the
establishment of consumer councils and other authorities for the
settlement of consumers' disputes, namely District Consumer
Dispute Redressal Forum, State Consumer Dispute Redressal
Commission and National Consumer Dispute Redressal
Commission.

13. 1. A Bottle of acid sold but the cap was not properly sealed – is it
violates the right of Consumer?
2. Medicine sold without date of manufacturing and date of
expiring printed on its packaging. _______________
3. Madan bought a cooler with 2 years warranty. The cooler started
giving problem within 6 months. Madan approached the seller.
The seller did not listen to his grievances. _______________
4. The seller compels the consumer to purchase the available
product. _______________
5. The common consumers are not aware of their rights, right path
and procedure for filing the complaints. _______________