NEED FOR CONSUMER PROTECTION AND CONSUMER RIGHTS[1]

Consumer Right is the right to have detailed information about the quality, quantity, price, purity, and standard of products and services. This helps in protecting consumer from wrong practices of business[2]. So as a customer, it is required to have proper knowledge of the consumer rights and protection. Consumers play an essential role in the economic system of the nation, and their consumption system affects the economy.

The Sec 2(1) (d) a consumer is a person who buys a product and avails the services either for his uses or to earn the livelihood by the means of self-employment. The consideration may be paid, promised, partly paid or partly promised.[3] It also consists of a beneficiary of such goods when the use is made with the consent of the consumer. A person who buys the product for free or hires a service for commercial purpose or gains any service under the contract of service then he is not called the consumer.

Amongst the various laws that have been imposed for the protection of consumer rights in our country, the most essential is the Consumer Protection Act, 1986[4]. According to this law, everyone including a person, a firm, or a company, have the right to exercise their consumer rights for the trading of goods and services made by them[5].

NEED FOR CONSUMER PROTECTION:

Consumers are mainly kept away from their respective rights as the consumer may be illiterate, poor or from the rural area. Such consumers are not aware with their rights; therefore, the suppliers of goods and services exploit consumers by different unfair means and banned trade practices, hence, there is a prior need to make the consumers awaken and tell them about their particular rights and protection of their rights. Also, there is need to know that whether the suppliers have implemented the Act 1986 or not. There is an essential need for the protection of the consumers. The laws are made for the safety of the consumers and for the better quality of the goods and services provided by the traders. A Nation can only experience development in the economy when the consumers have the faith in the producers, so the traders must work hard to provide the good quality of the products and win the trust of the consumers. Consumers who are poor and illiterate are more at risk to being sold the poor quality products by the traders, thus, the consumer protection laws take into the account the various challenges faced by such consumers and to safeguard them from such fraud producers and sellers.

Consumer protection policies play an important role in the protection of the consumers from the poor services, misleading advertisements and hazardous goods that present in the situation. Undoubtedly, consumer protection laws and policies are important for the betterment of the consumers in several ways as:

• To safeguard the consumer against the poor quality of the product.
• To ban the wrong practices started by the producers and sellers.
• Illiteracy and ignorance by the consumers as the consumers from the undeveloped area are poor and illiterate; thus, they can be easily cheated by the producers.
• Consumers in our country are not united however; the businessmen and traders are indeed united and powerful.
• In present time, there is an increase in the supply of duplicate products. Hence, it is problematic for the consumer to make a difference between an original product and the fake one. So, it is essential to protect the consumers from the misuse by assuring compliance with recommended rules of quality and safety.
• Several times, consumers pay heavily but don’t get the pure and quality goods. They are given the adulterated products by the sellers for their heavy profit. In such cases, consumers should come ahead and file a complaint against the producers.
• Another major problem faced by the consumers is the shortage of goods. The firm or the producers create an artificial scarcity of essential products by hoarding these goods resulting in increased prices.
• Other various problems include malpractices of the sellers and companies, unreliable and ambiguous activities, black marketing and deceitful warranties and guarantees.

 RECOMMENDATION FOR THE SAFETY OF THE CONSUMERS:

The following are the guidelines for the safety of the consumers:

• It is important to educate the consumers and make them aware of their responsibilities and rights.
• Consumers must work united, to promote and protect their own interest.
• Government should imply strict punishment for the businessmen those who do the fraud with the consumers.
• Consumers must do the proper research and should know about their rights and should take precaution while buying a product in respect to the quality, price, durability, and guarantee and warrantee of the product.
• Government and other consumer firms should come ahead and take part in the direction of advertising and promotion of district forum, state and national judiciary set for the consumer protection.
• Consumers at the time of purchasing goods must ask for the proper bill or cash memo as this will work as the proof if any problem occurs.

CONSUMER RIGHTS IN INDIA:

The Consumer Protection Act promises the mentioned six Consumers Rights:

• Right to Safety: The right to be safeguard against the selling of harmful goods and services[6].
• Right to be informed: For the protection of the consumer against wrong trade practices, the right to be informed about the quality, quantity, purity, and prices of goods is essential[7].
• Right to be heard: The right to be heard and to be guaranteed that the consumer’s interests will get proper attention[8].
• Right to choose: The right to be assured that the consumers will get proper access to the variety of goods and services at reasonable prices[9].
• Right to seek redressal: The right to seek redressal against the wrong selling practices or deceitful exploitation of consumers[10].
• Right to consumer education: It is important for the consumer to know about the rights, and the protection of the consumer rights.

CONCLUSION:

In the present time, consumers are much aware of the consumer forum, their rights and its protection. A consumer should be careful about the quality, quantity, and purity of the product and should always ask for the bill, respect to their safety. The government is working hard for the safety and betterment of the consumers and to protect from the fraud. Consumer awareness through the consumer education, consumer activists and also the NGO’s has played a vital role in making the consumer protection successful for the growth and economy of the country.

[1] AUTHORED BY: MS. NATASHA JAIN, LL.B, STUDENT AT NEW LAW COLLEGE, BHARATI VIDYAPEETH DEEMED UNIVERSITY & RESEARCH WRITER AT LAW AUDIENCE: EDITED BY: MS. SONAL GUPTA, B.A.LL.B, 2ND YEAR STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD & ASSISTANT EDITOR AT LAW AUDIENCE.  

[2] Section 6, The Consumer Protection Act, 1986, No. 68, Acts of Parliament, 1986 (India).

[3] Who Is Consumer, (Sep. 20, 2018, 11:00 PM), https://consumerhelpline.gov.in/.

[4] List of Consumer Rights in India, (Sep. 20, 2018, 11: 05 PM), http://www.consumerrights.org.in/rights.htm.

[5] Ibid.

[6] supra note 1.

[7] Ibid.

[8] Ibid.

[9] Ibid.

[10] Ibid.