22. Consumer & Their Relief

   

22. Consumer & Their Relief

CONSUMER :

A consumer is an individual or entity that purchases or uses goods or services for personal, household, or commercial purposes. Consumers play a crucial role in the economy by driving demand for products and services, and their choices and behaviors significantly impact businesses and market trends.

Consumer Protection Act, 1986 - laws and regulations are in place to safeguard the rights and interests of consumers. This law aim’s to ensure that consumers are treated fairly, have access to accurate information, are protected from fraudulent or deceptive practices, and have avenues for recourse and resolution in case of disputes or issues with products or services.

Fundamental rights of Consumers :

1.     Right to Safety :              

Consumers have the right to expect that the goods and services they purchase are safe to use and do not pose any unreasonable risks to their health or well-being.

2.     Right to Information :           

Consumers have the right to accurate and transparent information about products and services, including their features, prices, terms, and conditions, as well as any associated risks or limitations.

3.     Right to Choice :

Consumers have the right to a range of options and choices in the marketplace, allowing them to make informed decisions based on their preferences, needs, and budget.

4.     Right to Redress :

Consumers have the right to seek redress and compensation when they experience problems or harm as a result of using products or services. This includes access to fair and efficient dispute resolution mechanisms.

 

5.     Right to Education and Awareness :

Consumers have the right to education and awareness about their rights and responsibilities, as well as information on consumer protection laws, regulations, and resources available to them.

 

6.     Right to Privacy :

Consumers have the right to privacy and protection of their personal information when            engaging in commercial transactions or interactions with businesses.

Their Relief :

These rights and consumer protection laws aim to ensure fair and ethical practices in the marketplace, foster consumer confidence, and provide a framework for resolving disputes and addressing issues that may arise between consumers and businesses.

Consumer relief refers to the actions, remedies, or compensation provided to consumers when they encounter problems or harm as a result of purchasing or using goods or services. The specific types of relief available to consumers may vary depending on the applicable consumer protection laws and the nature of the issue or harm experienced.

Forms of consumer relief :

1. Refunds or Replacement :

If a product is defective, damaged, or does not meet the advertised standards, consumers may be entitled to a refund or a replacement of the product. This remedy aims to provide consumers with compensation for the faulty or unsatisfactory purchase.

     2. Repair or Maintenance :      

In cases where a product requires repair or maintenance due to a manufacturing defect or failure to meet the promised quality, consumers may be eligible for free or discounted repairs. This form of relief ensures that consumers receive the functioning and reliable product they paid for.

3.  Compensation for Damages :

If a consumer suffers financial or physical harm due to the negligence, misrepresentation, or faulty product of a business, they may seek compensation for the damages incurred. This can include reimbursement for medical expenses, property damage, loss of income, or other relevant costs resulting from the consumer's harm.

 

4. Cancellation or Termination :

Consumers have the right to cancel contracts or agreements in certain situations, such as when a business engages in unfair or deceptive practices, provides false information, or fails to fulfill its obligations. The cancellation allows consumers to discontinue the relationship and seek alternatives without further financial or legal consequences.

 

5.  Corrective Advertising or Disclosures :

 In cases where businesses engage in deceptive advertising or fail to provide essential information to consumers, a common form of relief is to require the business to issue corrective advertising or disclosures. This ensures that consumers receive accurate and truthful information about the product or service.

 

6.  Injunctions and Cease-and-Desist Orders :

Regulatory authorities or consumer protection agencies may seek injunctions or cease-and-desist orders against businesses engaging in unfair or fraudulent practices. These legal remedies aim to prevent further harm to consumers and compel businesses to comply with consumer protection laws.

It's important to note that consumer relief can vary based on the jurisdiction and the specific laws governing consumer protection. The availability and extent of remedies may depend on factors such as the severity of the violation, the intent of the business, and the jurisdiction's legal framework for consumer protection.

REDRESSAL AGENCIES:

1.   District Forum :

                    District forum means A consumer disputes Redressal forum establish under clause (a)    of Section 9 of the consumer Protection Act, 1986.

                    It is situated in each district & established by State Government. District forum               jurisdiction to attain the cases of Municipal Corporation.

A. President	:	A person who is or has been or is qualified to be District Judge who shall be its President.
B. Two Members	:	Having knowledge & capacity is dealing with problems relating to economics, law, and commerce, Accounting, Industrial, Public Affairs or Administration. One of whom shall be a women,.
C. Selection Committee	1	President of State Commission	Chairman
	2	Secretary of Law Department of Sate	Member
	3	Secretary Incharge Department dealing in Consumer Affairs’	Member
D.  Judicial Capacity	:	Up to 20 Lakhs as Amended on 15.03.2003.
E.  Duration	:	Members shall hold the Office for term of 5 Years or up to the Age of 65 years whichever is earlier.
F.  Salary	:	As may be prescribed by the Central Government.

 

2.    STATE COMMISSION :

                     State Commission means “A consumer disputes Redressal commission establish under     clause (b) of Section 9 of the consumer Protection Act, 1986.

A. President	:	A person who is or has been or is qualified to be High Court Judge who shall be its President.
B. Two Members	:	Having knowledge & capacity is dealing with problems relating to economics, law, commerce, Accounting, Industrial, Public Affairs or Administration. One of whom shall be a women.                                           10 years’ experience.
C. Selection Committee	1	President of State Commission	Chairman
	2	Secretary of Law Department of Sate	Member
	3	Secretary Incharge Department dealing in Consumer Affairs’	Member
D.  Judicial Capacity	:	Up to 1 Core only as Amended on 15.03.2003.
E.  Duration	:	Members shall hold the Office for term of 5 Years or up to the Age of 67  years whichever is earlier.
F.  Salary	:	As may be prescribed by the Central Government.

 

3.  NATIONAL COMMISSION :

National Commission means A consumer disputes Redressal forum establish under clause (c) of Section 9 of the consumer Protection Act, 1986.

A. President	:	A person who is or has been or is qualified to be Supreme Court Judge who shall be its President.
B. Four Members	:	Having knowledge & capacity is dealing with problems relating to economics, law, commerce, Accounting, Industrial, Public Affairs or Administration. One of whom shall be a women.
C. Selection Committee	1	Supreme Court Judge	Chairman
	2	Secretary of Legal Affairs’ in Govt. of India	Member
	3	Secretary of Department dealing with Consumer affairs in Govt. of India.	Member
D.  Judicial Capacity	:	Exceeds 1 Core only as Amended on 15.03.2003.
E.  Duration	:	Members shall hold the Office for term of 5 Years or up to the Age of 70 years whichever is earlier.
F.  Salary	:	As may be prescribed by the Central Government.

 THERE ARE TWO TYPES OF COUNCILS :

A] National Council :

Constitution of Central Council of Following members shall not exceed to 150 members.

I] Minister Incharge of Consumer Affairs in the Central Government – Chairman.

II] OFFICICAL & NON OFFICAL MEMBERS : 150 Members .

i.	Minister Incharge of Department of Civil / Supplies	:	Chairmen
ii.	Minster of Sate or Department Minister Incharge of Consumer in Central Government	:	Vice Chairman
iii.	Minister Incharge of Consumer Affairs in State Secretary Incharge of Consumer Affairs	:	Secretary
iv.	Members of Parliament ( Lok Sabha 5 & Rajya Sabha 3)	:	8 Members
v.	Secretary of National Commission for S.C. & S.T.
vi.	Representative of Central Government Department Consumers interest	:	20
vii.	Representative of Consumer Organisation	:	35
viii.	Representative of Women	:	10
ix.	Representative of Farms, Trade Industries	:	20
x	Person capable of Representing Consumer Interest	:	15

 

B] State Council :

I] A Minister in charge of Consumer Affairs in State Government – Chairmen .

II] Members prescribed by State Government –

·         One Council in One Sate – 2 Meetings every Year.

·         The Procedure is similar to Central Council Meeting.

·         The Object are also similar to Central Government.