CONSUMER RIGHT IN INDIA
Author: Arpita Jena, I year of B.A.,LL.B. from KIIT Law School
A consumer is the one who assumes to be treated like a king as they bring business to the seller. In the past “Consumer was asked to beware”, but nowadays fingers have been pointed to the sellers. “Let the person who is selling beware” due to the new policy introduced to the government such as consumer protection law, NGO etc. Consumer rights need to protect the consumer from unfair practice and also educate them about their rights, responsibilities and also redressing their grievances. It is an insight into what rights the consumer holds when it comes to the seller who sells the goods. What does the consumer need to do if the goods provided to them by the business is not up to the standard? Then in that c what should a consumer do? To be precise, what rights should a consumer have in the court of law to practice against the malpractice of business firms.
According to the consumer protection act 1986, there are different consumer rights in India.
RIGHT TO SAFETY
There are different types of products and services that are available in the market according to the techniques that are required for safe handling but lots of consumers are not aware of the safe use of products. They also lack technological knowledge to know how to access the safety aspect of products and services. So, now product safety from the consumer point of view is the matter of importance. Thus Consumer protection act 1986 has legalized the rights to safety as one of the rights of the consumer.
RIGHT TO INFORMATION
The consumer has the right to know about accurate and adequate information about the product. There is two-way traffic of information between the development agency and the consumer. Right to information is the most important part of the right to life, development and social justice. The Constitution of India guarantees freedom of speech and expression. The absence of truthfulness in any information violates the rights of the public. Lack of essential information about the hazardous chemical substances by union carbide and remedial measures in the case of Bhopal gas tragedy right to information provides public participation in the decision making process of the country.
RIGHT TO CHOOSE
While buying, the consumer has the sole right to choose his or her product. He should have access to a wide variety of goods and products. A wise consumer always tries to spend the money in the way where they can have maximum satisfaction. In a market where choice is not available the consumer is bound to buy the product available with the seller. The consumer has not given enough opportunity to put his or her choice. The trader has no right to restrict the choice of the consumer.
RIGHT TO HEAR
Right to hear means to advocate the consumer according to their view of receiving full sympathy and consideration in formulation and execution of economic and other politicians as well as developing products, services before they are produced or set up. For the wellbeing of consumers, everyone should have the right to hear. The consumer must be assured that his or her interest will be received due to consideration and can express their view in the decision-making process of the government.
RIGHT TO REDRESSAL
When the consumer has grievances related to goods and its services for which he paid for, the consumer has the right to seek redressal. The consumer has a right to the settlement of the genuine grievances. Right to seek redressal also provided an opportunity for the consumer to seek redressal against unfair trade practices etc. It also ensures compensation for faulty goods and services. [i]Redress is a way of settlement which is accepted by many consumers as well as the settlement according to the consumer act 1986.
RIGHT TO CONSUMER EDUCATION
The consumer must have knowledge and skill for taking action in the case which may affect their decision. In a broader sense, the right to consumer education is right to know and be aware of all developments concerning his environment which may affect their choices. One of the needs of consumer empowerment today is to initiate the younger generation into consumer education. Aim of consumer education is to understand the legal system and helps the consumer exercise their rights.
RIGHT TO BASIC NEEDS
It ensures the consumer basic goods and services, which gives guarantee for their survival. It includes clothing, health care, and sanitation for their decent life. The right to satisfaction of basic needs differ from society to society and also from country to country whereas in a country like Europe and America they interpret basic needs of a consumer as a fair quality of consumer goods or prompt.
RIGHT TO HEALTHY ENVIRONMENT
The physical environment that will enhance the quality of life which includes protection against environmental danger over which no individual has control; it needs to protect the environment from present and future generation; a healthy environment includes both global and local environmental conditions. The ozone layer depletion increased in toxic waste resulting in the infringement of the right to live in a healthy environment. The consumer has the right to live and walk in an environment which is neither threatening nor dangerous but permits a life of dignity and well being.
RESPONSIBILITY OF THE CONSUMER
It’s the consumer responsibility to build a healthy environment. Consumption pattern of a consumer has a great influence on the production of goods. Unnecessary consumption of natural resources by some section of the consumer has a great negative impact on the environment for example deforestation.
It is essential to reduce, reuse and recycle the use of non-biodegradable consumer products. The responsible consumer should switch to products which are eco-friendly to the environment. Consumer to respect the interdependence of man and environment and also does not have a wasteful attitude towards the environment.
Consumer protection entails protection of the rights and interest of the consumers in the matter of availability, quality, quantity and price of goods and services. It promotes the concept of value for money and enhances the trust between the customer and the service provider. Consumer protection movement has got a bright future in India. A part of governmental seriousness in this matter in the current scenario media plays a vital role in protecting the right of the consumer.
[i]THE CONSUMER PROTECTION ACT 2019 WITH RULES ( TAXMAN)
Arpita Jena is a young passionate girl who has a habit of writing interested in the field of legal issues