CONSUMERS, RIGHTS AND RESPONSIBILITES, AND LEGISLATIONS

PRESENTED BY:

Sumit Pachauri

Mayank Srivastava

(Mangalayatan University, Aligarh)

CONSUMER

Who is consumer Buys goods and services To be consumed by himself or By someone else on behalf of the buyers

What is consumerism? Self effort on the part of the consumer

for safeguarding themselves is known as “consumerism”.

Consumerism refers to a movement by consumer or by consumer

association To ensure fair and honest (ethical) practices

on the part of Manufactures, traders, dealers, services

providers in relation to consumer.

HISTORY

• Consumerism has weak links with the Western world, but is in fact an international phenomenon. People purchasing goods and consuming materials in excess of their basic needs is as old as the first civilizations (e.g. Ancient Egypt, Babylon and Ancient Rome).

• The term "consumerism" was first used in 1915 to refer to "advocacy of the rights and interests of consumers" (Oxford English Dictionary) but in this article the term "consumerism" refers to the sense first used in 1960, "emphasis on or preoccupation with the acquisition of consumer goods“.

Ministry Of Consumer Affairs, Foods And Public Distribution

Minister of State (Independent Charge)Professor K V Thomas

Ministry of consumer

Affairs

Department of consumer

affairs

Department of food and

PDS

NATIONAL CONSUMER DAY 24th of December is celebrated as

National Consumer Day commemorating the coming into effect

of the Consumer Protection Act, 1986.

WHY CONSUMERISM?

• Empower consumers to have access to the basic needs of life.

• Protect consumers from hazards to their life and safety

• Enhance the access of consumers to adequate information to enable them to make informed and environmentally benign choices according to individual as well as societal needs.

• Promote consumer education through formal as well as non-formal education systems so as to help consumers in their decision making.

• Promote accountability and transparency through adoption of Citizens’ Charters.

• Provide expeditious and inexpensive system of delivery of justice.

• Promote an independent consumer movement in the country by providing assistance to consumer and other relevant groups to form their organisations and giving them the opportunity to present their views in the decision-making process.

• Initiate and implement appropriate mechanisms for exchange of information on measures of consumer protection, nationally, regionally and

internationally. 

NATIONAL CONSUMER POLICY

• The rationale behind the National Consumer Policy stems from Article 39 of the Constitution of India which has enshrined the Directive Principles to be followed by the State to ensure all-round welfare of the citizens of the country.

• The basic premise of the National Consumer Policy is to ensure that goods, services and technology are available to consumers at reasonable prices and acceptable standards of quality. 

•  The National Consumer Policy seeks to provide guidelines to different branches of the Government and agencies at all levels in maintaining the appropriate consumer dimension while taking any step or decision which will have an impact on consumers’ interests. 

• In view of complexity of the market place and technology and impact of liberalisation, the consumer needs to be protected. In the past, there was the system of barter and consumers did not have to choose from a large range—the allocation of resources was simpler. However, the situation has changed considerably. With the growth and dominance of the market place, consumers’ interests and protection have taken a back seat. The perfect market place is a myth, and an economist’s dream. 

DEPARTMENT OF CONSUMER AFFAIRS

VISION 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.

DEPARTMENT OF CONSUMER AFFAIRS

MISSION fulfill mission through progressive consumer related legislations

and effective implementation of various consumer welfare schemes. Active participation of State Governments, academic and

research institutions, schools and voluntary organizations will be sought

to create a vibrant consumer movement in the country. Strict parameters regarding consumer products will be developed

and enforced along with regular monitoring of prices to ensure the sovereignty of consumers.

OBJECTIVES OF DCA

Empowerment of consumers by making them aware about their rights and responsibilities.

Provision of effective, inexpensive and speedy redressal system to Consumers.

Augmentation of infrastructure of the enforcement machinery of Legal Metrology Department of States/UTs and implementation of The Legal Metrology Act, 2009

Enabling National Test House (NTH) to become more self sustaining.

OBJECTIVES OF DCA

Strengthening of National Test House (NTH) laboratories and installation of MIS.

Efficient Regulation of Commodity Futures Markets. Strengthening of Forward Markets & Forward Markets

Commission. Formulation of Standards & Strengthen Conformity

Assessment of Products and Services. Monitoring of prices of Essential Commodities. Implementation and regulation of Essential Commodities

Act. To promote and protect the interests of consumers through

various Schemes

FUNCTIONS OF DCA

CONSUMER PROTECTION Implementation of Consumer Protection Act, 1986 National Consumer Disputes Redressal Commission

(NCDRC). National Test House (NTH). Implementation of the Standards of Weights and

Measures Act, 1976. Regulation of Packaged Commodities and implementation

of new Act namely, The Legal Metrology Act, 2009.

FUNCTIONS OF DCA

CONSUMER AWARENESS Jago Grahak Jago Multimedia Campaign.

SETTING STANDARDS Implementation of Bureau of Indian Standards

Act, 1986.

FUNCTIONS OF DCA REGULATION OF ESSENTIAL COMMODITIES ACT, 1955

Implementation of Essential Commodities Act, 1955. Implementation of Prevention of Black Marketing &

Maintenance of supply of Essential Commodities Act, 1980

CONSUMER COOPERATIVES

National Consumer Cooperatives Federation (NCCF). Super Bazaar.

FUNCTIONS OF DCACOMMODITY EXCHANGES

Regulation of Commodities futures through Forward Market Commission.

Implementation of Forward Contract (Regulation) Act, 1952.

MONITORING OF PRICES OF ESSENTIAL COMMODITIES Monitoring of prices and availability of essential commodities. Availability of Pulses.

CONSUMER RELATED PROGRAMMES BY INVOLVING STATES / UTs / NGOs Setting up Consumer Helplines in States and UTs Comparative Testing of Consumer Products and Services.

Consumer Protection Act, 1986 T better protect the interest of consumers by creating

an alternative disputes resolution mechanism exclusively for consumers.

It created three tier quasi judicial consumer dispute redressal machinery at

NATIONAL LEVEL

STATE LEVEL

DISTRICT LEVEL

NCDRC

STATE COMMISSIONS(35)

DISTRICT FOR A(629)

The

Total number of cases filed and disposed of in the national commission, state commissions and district fora, as on 30.12.2010, since inception.

Salient Features Of The Act The Act enshrines six rights of consumers –

Right to Safety1. Means right to be protected against the marketing of

goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests.

2. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI,AGMARK, etc.

Salient Features Of The Act Right to be Informed

1. Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.

2. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

Salient Features Of The ActRight to Choose

Means right to be assured, wherever possible of access to variety of goods and services at competitive price.

In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price.

It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share.

This right can be better exercised in a competitive market where a variety of goods are available at competitive prices

Salient Features Of The ActRight to be heard

Means that consumer's interests will receive due consideration at appropriate forums.

It also includes right to be represented in various forums formed to consider the consumer's welfare.

The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.

Salient Features Of The ActRight to Seek redressal

Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.

It also includes right to fair settlement of the genuine grievances of the consumer.

Consumers must make complaint for their genuine grievances.

Many a times their complaint may be of small value but its impact on the society as a whole may be very large.

They can also take the help of consumer organisations in seeking redressal of their grievances.

Salient Features Of The Act

Right to Consumer Education Means the right to acquire the knowledge and

skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural

consumers, is mainly responsible for their exploitation.

They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

CONSUMER DUTIES

• Insist on receipts or bill without fail, on all the purchases made.

• Read information carefully on the packets before purchase.

• Do not feel tempted on misleading advertisements.

• Buy standardized products only i.e. of ISI. AGMARK BRANDS

• File consumer complaints against default in goods deficiency in services, or unfair trade practice.

CONSUMER RESPONSIBILITIES

• Responsibility of self help.• Proof of transactions.• Proper claim.• Proper use of product/ services.

Responsibility of self help

• It is always desirable that the consumer should not depend on the seller for information and choice as far as possible .

Proof of transactions.

• The proof of purchase and documents related to purchase of durable goods should be invariable obtained and preserved.

Proper claim

• Consumers are expected to bear in mind that while making complaints and claiming compensation for loss or injury they should not make unreasonably large claims

Proper use of Products/ Services

• Some consumers, especially during the guarantee period,

• make rough use of the product, thinking that it will be replaced during the guarantee period.

• This is not fair on their part. They should always use the products properly.

Salient Features Of The ActRight to Consumer Education

Means the right to acquire the knowledge and skill to be an informed consumer throughout life.

Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation.

They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

Salient Features Of The ActRight to Consumer Education

Means the right to acquire the knowledge and skill to be an informed consumer throughout life.

Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation.

They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

Consumer court

President of NCDRC Mr. Justice Ashok Bhan

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

To provide inexpensive, speedy and summary redressal of consumer disputes,

quasi-judicial bodies have been set up in each District and State and at the National level, called the District Forums, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively

‘CONFONET’ SCHEME The scheme of ‘Computerization and Computer

Networking of Consumer Fora in the country, (CONFONET)’ was

Launched during the 10th Plan period in March, 2005

at a cost of ` 48.64 crores.

‘CONFONET’ SCHEME Under the project, the Consumer Fora at all

the three tiers throughout the country were to be fully computerized to enable access of

quicker disposal of cases.

SAVERA Society for Advancement of Villages Empowerment

and Rehabilitation of All (SAVERA) The project proposal for organizing Information and

Education and Communication (IEC) programme in Katihar and Kishangarh District of Bihar

for strengthening Consumer Movement at grassroots level and to set up a Consumer counseling committees at Village and Block level

has been sanctioned at a cost of ` 52.02 lakhs.

Thank you