National Consumer Rights Day
Consumer protection is the core aspect of the consumer movement in India and is vital for a healthy economy. Strengthening consumer rights and restoring balance in the buyer-seller relationship is a collective responsibility.
India celebrates National Consumer Rights Day on December 24 every year to spread awareness about consumer rights and responsibilities. This day commemorates the date when the Consumer Protection Act received the assent of the President on 24th December 1986 and came into force. Since then, National Consumer Rights Day is celebrated annually to educate people about their rights as consumers.
In India, consumer protection has been a part of the country’s culture. Kautilya’s Arthashastra was the first law addressing consumer protection, which was later strengthened with the Consumer Protection Act of 1986. The Consumer Protection Act can be considered a significant milestone in the consumer movement in India. The main objective of this Act is to provide better protection for consumers. Unlike existing laws, which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. This means a consumer can get a faulty item replaced or obtain a refund of the cost paid. Consumers may also receive compensation for any loss suffered through inexpensive grievance redressal mechanisms.
Today’s consumer is often more acted upon than acting. The current profile of the consumer is that of a passive, helpless, hapless, and gullible individual who feels responsibility only for themselves. Their social, cultural, environmental, national, and global links are neither acknowledged nor supported. The consumer of the future needs to become sufficiently aware so that they can use all avenues of self-protection and empowerment available. Every consumer, regardless of age, gender, class, or region, must assume personal responsibility for the right consumer behaviour.
Consumer empowerment is a necessary component of India’s vital national interest. As far back as 1934, Mahatma Gandhi defined what the empowerment of consumers truly means:
A customer is the most important visitor to our premises.
He is not dependent on us; we are dependent on him.
He is not an interruption to our work; he is the purpose of it.
He is not outside our business; he is part of it.
We are not doing him a favour by serving him; he is doing us a favour by giving us an opportunity to do so.”
By now, we are aware that as consumers, we are concerned with our money, health, safety, and social environment. The fleecing of customers has become widespread, whether through false or misleading advertisements, fixing bargain prices, offering fake gifts and prizes, noncompliance with product safety standards, or hoarding goods. These practices make us, knowingly or unknowingly, victims in one way or another.
However, unlike in the past, consumers need not feel helpless. Today, several laws protect consumers, conferring a number of rights on them and imposing duties on sellers, manufacturers, and service providers. More importantly, these rights are not just social codes but have legal sanctions behind them. In other words, we now have enforceable rights. However, there is still a general lack of awareness about these rights.
Consumer Rights in India
The fundamental need for consumer protection arises from “consumer dissonance”. Consumer protection is the core aspect of the consumer movement in India and is vital for a healthy economy. Strengthening consumer rights and restoring balance in the buyer-seller relationship is a collective responsibility.
A consumer is entitled to the following rights:
- Right to Safety
This right protects consumers from goods and services that may be hazardous to their health, life, or property. For example, if you hire a vehicle and the operator neglects its mechanical fitness, resulting in an accident due to faulty brakes, the injury caused to you or any passenger is a violation of this right. Consumers are entitled to compensation in such cases. Similarly, negligence by a doctor, dangerous driving, or electrical equipment causing shocks are examples of violations.
- Right to Choose
Consumers have the freedom to choose between goods and services available at competitive rates. A buyer has the right to select a product of their choice and derive satisfaction from the quality and price of the goods. A shopkeeper cannot force or pressure a customer into buying a particular brand or product.
- Right to Be Informed
Consumers must be provided with accurate information about the quality, price, purity, potency, usage, date of manufacture/expiry, etc., of goods or services. This protects them against unfair trade practices.
- Right to Be Heard
Consumer complaints must be given due consideration at appropriate forums. This right also includes representation in various forums concerned with consumer welfare.
- Right to Seek Redressal
Consumers must be provided with fair settlement or compensation against unfair trade practices or unscrupulous exploitation. This includes prompt resolution of genuine grievances.
- Right to Consumer Education
This right encourages consumers to acquire knowledge and skills to become informed throughout their lives. It is the government’s duty to inform consumers of their rights and to educate them about fraudulent practices, misleading advertisements, and improper labelling.
Challenges in the Digital Era
From dense marketplaces to door-to-door marketing and now digital marketing, the scenario of consumerism has changed dramatically. In this digital era, consumers are often cheated on social media by unscrupulous and fake online marketers. Clever and misleading advertisements tempt consumers with exaggerated claims about products and services. After paying the full value, consumers sometimes receive inferior products in delivered parcels, leaving them unable to claim refunds or other relief. This is a violation of consumer rights, particularly the right to choose and the right to be informed.
Consumer Responsibilities
Alongside rights, consumers also bear certain responsibilities:
– Be alert and question the goods and services used.
– Avoid being tempted by misleading advertisements with exaggerated claims.
– Critically examine the utility, guarantees, and warranties of products or services.
– Compare the merits of products and services wherever choices are available.
– Demand quality goods and services to ensure full value for money.
Role of Government
For a long time, the market was ruled by the principle of caveat emptor (“let the buyer beware”). However, an alert consumer asserting their rights, combined with a responsive administration, can shift this principle to caveat venditor (“let the seller beware”).
The government must play a vital role in protecting and empowering consumers. The Department of Consumer Affairs should ensure proper monitoring of markets and establish an effective, transparent, and accountable administration. This includes training personnel for strict enforcement of consumer protection laws, setting up mechanisms for citizen involvement, and providing prompt, time-bound redressal of grievances through formal and informal channels.
In conclusion, a well-informed consumer is the foundation of a healthy economy and society. Empowering consumers through education, awareness, and enforcement of rights will help create a balanced buyer-seller relationship, ensuring fairness and accountability for all.
The writer holds a post-graduation in Public Administration and a diploma in Consumer Protection/Food Safety
By Syed Mudasir Mushtaq
mu**************@***il.com