1.

CONSUMER
2. EVOLUTION OF CONSUMER MOVEMENT
3. RIGHTS OF THE CONSUMER
 RIGHT TO SAFETY
 RIGHT TO BE INFORMED
 RIGHT TO CHOOSE
 RIGHT TO BE HEARD
 RIGHT TO SEEK REDRESSAL
 RIGHT TO CONSUMER EDUCATION
4. DUTIES OF A CONSUMER
5. PROBLEMS OF THE CONSUMER
6. HOW TO SEEK JUSTICE
7. CASE 1
8. CASE 2
9. BIBLIOGRAPHY
INTRODUCTION

CONSUMER
A consumer is a person who uses any product or service. Typically
when business people and economists talk of consumers they are
talking about person as consumer, an aggregated commodity item with
little individuality other than that expressed in the buy/not-buy decision.
However there is a trend in marketing to individualize the concept.
Instead of generating broad demographic profile and psychographic
profiles of market segments, marketers are engaging in personalized
marketing, permission marketing, and mass customization.

In free market or capitalist economies, consumers are presumed to

dictate what goods are produced and are generally considered the
center of economic activity. Individual consumption of goods and
services is primarily linked to the consumer's level of disposable
income, and budget allocations are made to maximize the consumer's
marginal utility. In 'time series' models of consumer behavior, the
consumer may also invest a proportion of their budget in order to gain a
greater budget in future periods. This investment choice may include
either fixed rate interest or risk-bearing securities.

Within law, the notion of consumer is primarily used in relation to

consumer protection laws, and the definition of consumer is often
restricted to living persons (i.e. not corporations or businesses) and
excludes commercial users. A typical legal rationale for protecting the
consumer is based on the notion of policing market failures and
inefficiencies, such as inequalities of bargaining power between a
consumer and a business. As potential voters are also consumers,
consumer protection takes on a clear political significance.

Concern over the interests of consumers has also spawned much

activism, as well as incorporation of consumer education into school
curricula. There are also various non-profit publications, such as
Consumer Reports and Choice Magazine, dedicated to assist in
consumer education and decision making.

EVOLUTION OF CONSUMER MOVEMENT

 In India, the consumer movement as a ‘social force’

began with the necessity of protecting and promoting
the interests of consumers against unfair trade
practices.
  Rampant food shortages, hoarding, black marketing,
adulteration of food and edible oil gave birth to the
consumer movement in an organised form in the
1960s.
 Till the 1970s, consumer organisations were largely
engaged in writing articles and holding exhibitions.
 They formed consumer groups to look into the
malpractices in ration shops and overcrowding in the
road passenger transport.
 Because of these efforts, the movement succeeded in
bringing pressure on business firms, as well as the
government to correct business conduct.
 A major step taken in 1986 by the Indian government,
was the enactment of the Consumer Protection Act,
1986, popularly known as COPRA.
 They formed consumer groups to look into the
malpractices in ration shops and overcrowding in the
road passages transport.
 More recently, India witnessed an upsurge in the
number of consumer groups.

RIGHTS OF THE CONSUMER

Consumer Law is quite distinct from the Civil Law. It is best piece of
Welfare legislation that has been enacted in this part of the world.
Consumer has sovereign right to basic needs e.g. food, clothing,
shelter, education, public utilities, water and sanitation etc. Consumer
has also right to healthy environment and right to choose.

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,
GMARK, etc

 RIGHT TO SAFETY
 RIGHT TO BE INFORMED
 RIGHT TO CHOOSE
 RIGHT TO BE HEARD
 RIGHT TO SEEK REDRESSAL
 RIGHT TO CONSUMER EDUCATION
 RIGHT TO SAFETY
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.

 RIGHT TO BE INFORMED
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.

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.

 RIGHT 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.

 RIGHT 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.

 RIGHT 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 organizations in seeking redressal of their
grievances.
 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.
DUTIES OF A CONSUMER
Apart from rights, there are certain duties of a consumer. Consumer
should be conscious of his duties. He should make purchases
judiciously and should not misuse his rights. Following are the duties of
consumers:

1. BUYING QUALITY PRODUCTS AT REASONABLE PRICE.

It is the responsibility of a consumer to buy a product after having
a thorough knowledge of its price and quality. He should enquire
about the price from 2-3 shops and if possible from government
stores to get an idea of its price. He can have the knowledge
about the quality from his own experiences, from the experiences
of other persons and through the medium of advertisement.
Hence it is the duty of the consumer to buy quality product at right
price only.

2. TO CHECK THE WEIGHTS AND MEASURES

Generally, the sellers often cheat consumer by using unfair
weights and measures. The consumer should ensure that he is
getting the product of right weight and measure. He should check
the weights and balance. While buying cloth, ensure that the
shopkeeper is not stretching the cloth while measuring.

3. READING THE LABEL CAREFULLY.

It is the duty of the consumer to read the label of the product. It
should have complete and true information about the product.

4. BEWARE OF MISLEADING SCHEMES.

It is the duty of the consumer to beware of misleading schemes.
These days almost every product in the market is available with a
gift, discount, or a free product. For example, a free comb with
soap, a discount of on the soap or one free soap on buying one.
Often a consumer allured by such schemes and buys such
products even when it is not needed because he is getting one
item free.

5. TO PROCURE THE BILL, CASH RECEIVED, WARRANTY

 Often the consumer does ask for a bill or cash receipt in order to
avail sales tax. Later on, if the product comes o to be defective,
he becomes helpless. Hence is the duty of the consumer to get
the cash receipt, and warranty card, etc. so r he may be able to
go to the consumer co; for the redressal of his grievances.

6. BUYING FROM REPUTED SHOPS

It the duty of the consumer to make purchase’ from the reputed
shops or government like super bazaar, cooperative stores, etc.
Bf making purchases from such shops, the consumer can escape
from the malpractice of the manufacturers and shopkeepers.

7. TO BUY STANDARDIZED PRODUCT.

Often the consumer buys cheap products which are not durable
or are not safe. Therefore, it is the duty of the consumer to by
products with standardization marks and is safe in every respect.

8. KNOWLEDGE OF CONSUMER RIGHTS

These days the seller is trying to cheat the consumer in every
possible way to earn maximum profits. It is the duty of the
consumer to be aware of his rights. If a consumer is cheated by a
seller, then he should lodge a complaint rather than to remain a
silent spectator.

PROBLEMS OF THE CONSUMER

1. The functional aspects of commodities have become more
complex and their origin more difficult to identify;
2. The functional and symbolic aspects have become more
entangled;
3. The traditional cultural distinction between good and bad in
consumption has collapsed at the same time as new, branded
products have made it more difficult to build up a new cultural
code.

HOW TO SEEK JUSTICE

A written complaint, as amended by Consumer Protection (Amendment)
Act, 2002, can be filed before the District Consumer Forum (upto
Rupees twenty lakhs), State Commission (upto Rupees One crore),
National Commission ( above Rupees One crore) in relation to a
product or in respect of a service, but does not include rendering of any
service free of cost or under a contract of personal service. The service
can be of any description, the illustrations given above are only
indicative and not exhaustive.

The Consumer Protection Act is an alternative and cheapest remedy

already available to the aggrieved persons/consumers by way of civil
suit. In the complaint/appeal/petition submitted under the Act, a
consumer is not required to pay any court fees or even process fee.

Proceedings are summary in nature and endeavour is made to grant

relief to the parties in the quickest possible time keeping in mind the
spirit of the Act which provides for disposal of the cases within possible
time schedule prescribed under the Act.

If a consumer is not satisfied by the decision of the District Forum, he

can challenge the same before the State Commission and against the
order of the State Commission a consumer can come to the National
Commission.

In order to attain the objects of the Consumer Protection Act, the

National Commission has also been conferred with the powers of
administrative control over all the State Commissions by calling for
periodical returns regarding the institution, disposal and pendency of
cases. National Commission is empowered to issue instructions
regarding,

(1) Adoption of uniform procedure in the hearing of the matters

(2) Prior service of copies of documents produced by one party to

the opposite parties

(3) Speedy grant of copies of documents

(4) Generally over-seeing the functioning of the State Commissions

or the District Forums to ensure that the objects and purposes of
the act are best served without in any way interfering with their
quasi-judicial freedom.
 CASE 1
GENERAL MANAGER, E. C. RAILWAY AND OTHERS
Vs
DR. AJAY SHANKAR VERMA

BRIEF OF THE CASE

The Complaint has been made by the complainant against the Railway
in respect of Deficiency in service. The complainant took the reservation
in Awadh Express (Train No. 5263) from Motihari to Agra. Railway gave
him a reserved berth No. 41 to 44 in Coach No. S9. When train reached
to Narkatiyaganj station, the complainant was informed by the railway
conductor that they have to shift in different coach as there is some
technical problem has been founded in coach no. S9 and the same
would be de-attached from the train. The new berth allotted to the
complainant was in Coach No. S1 and S2. The railway assigned two
berth for the complainant and his wife in coach No. S1 and another two
berth for their minor children in coach No. S2. Even the berth assigned
by the railway to their minor children was not in logical order as per
railway reservation. The berth no. 15 and 38 were assigned by the
railway to their minor children and the berth no. 15 in coach S2 was in
RAC. Issues considered by the Hon’ble national Commission.

COMPLAINT BY THE COMPLAINANT

The complaint of the complainant was that when he was having
confirmed reservation from Motihari station to Agra station, than the act
of the railway to shift them in other different coach is amounted to
physical and mental harassment to him and his family. Further,
complainant alleged that when the train reached at Agra station, coach
no. S9 was still attached in the said train and without any reason he was
forced to change the coach due to which the complainant faced trouble
during whole journey. Complainant filed a complaint before the District
Forum and the same was allowed by the District Forum. That the
aggrieved from the order of the District Forum, the Railway filed an
appeal before the State Commission.

That the aggrieved from the order of the District Forum, the Railway
filed an appeal before the State Commission.

Issues considered by the Hon’ble national Commission.

 Whether the complainant is entitled for the damages and

harassment.

 Whether the act of the Railway amounts to Deficiency in service

under Consumer Protection Act, 1986.
In the above mentioned matter, Hon’ble State Consumer Disputes
Redressal Commission, Patna held that the act of the Railway resulted
into bifurcation of the family members of the complainant in two
coaches and the same is caused physical and mental torture. Railway is
unable to present documentary proof that the Coach no. S9 had serious
technical problem due to which the complainant had been informed to
change the coach. Further, the berth allotted to their minor children was
not with the complainant and his wife and those children completed their
whole journey without their parents with them. But the plea taken by the
Railway that the complainant could have register his complaint and the
cause for inconvenience in the complaint register maintained by the
coach conductor or guard of the train has no merit. Therefore the
complainant is entitled for the damages and compensation.

CONCLUSION
The State Commission held that this clearly shows that there was
deficiency in service on the part of the Railway and the service rendered
to the passenger, which resulted to mental and physical harassment to
the complainant. The Hon’ble State Commission confirmed the
judgment of the District Forum with some modification and the appeal is
dismissed.

CASE 2

AIR FRANCE
Vs
Ms. SONALI ARORA and ANOTHER

BRIEF OF THE CASE

The Complainant filed one complaint against opposite party 1 and 2.
The complainant bought an Air ticket for going on trip to France,
England and USA from opposite party no. 1 namely World Ways Travels
(P) Ltd., Jalandhar. Opposite party no. 1 namely World Ways Travels
(P) Ltd., Jalandhar is an agent of Opposite party 2 namely Air France.
On return Journey when complainant was leaving London with her
minor daughter by Air France on 4.07.1998, the staff posted on Airport
by the opposite party 2 did not allow her to carry one of her handbag
inside the flight. While as per international flight norms, the bag was
within permissible limits. The handbag contained valuable articles like
camera, photographs, and souvenirs etc.

Complaint by the Complainant

Complainant filed one complaint before the District Forum, Jalandhar.
The District Forum dismissed the complaint on the ground that the
District Forum has no jurisdiction to entertain the said complaint as
neither any cause of action nor any part of cause of action arose at
Jalandhar. District Forum also held that there is no deficiency in service
on the part of the Opposite party.

Aggrieved from the order passed by the District Forum, the complainant
filed an appeal before the State Commission, Punjab. The Hon’ble State
Commission set aside the impugned order passed by the District Forum
and held that the District Forum has Jurisdiction to entertain the said
complaint as the Complainant had bought the air ticket from the
opposite party 1 who was the local GSA (General Sales Agent) of the
opposite party 2. The Hon’ble State Commission allowed the appeal
and awarded Rs. 50,000/- as compensation and Rs. 50,000/- against
damages.

Aggrieved by the order passed by the Hon’ble State Commission, Air

France, New Delhi filed revision petition before the Hon’ble National
Commission, New Delhi.

Issues considered by the Hon’ble national Commission

 Whether the District Forum had jurisdiction to entertain the said

complaint or not.

 Whether the Air France is liable for deficiency in service on their

part.

The Hon’ble National Commission held, that the objection raised by the
Petitioner that the District Forum had no right to entertain the said
complaint and the order passed by the Hon’ble State Commission is
impugned has no merit hence liable to be dismissed. The Hon’ble
National Commission draw to the attention that the World Ways Travels
(P) Ltd., Jalandhar is the General Sales Agent (GSA) of the Air France
Limited. Even the revision petition also discloses the fact that the
company is located at Jalandhar as the name of the respondent
mentioned in the petition is Air France World Ways Travels (P) Ltd.
Therefore the part of the cause of action arose at Jalandhar.

CONCLUSION
The Hon’ble National Commission also held that the complainant had
bought the air tickets from the Airline’s local GSA and not allowing her to
carry the handbags contained valuable goods and photographs inside
the flight amounted to deficiency in service on part of the Airlines.
That the petitioner also raised the objection in respect of the claim filed
by the complainant before the District Forum was more than what the
complainant has asked in the legal notice issued by the advocate of the
complainant. The Hon’ble National Commission held that there is no
legal bar in claiming higher compensation than the amount mentioned in
the Legal notice.

Accordingly, the Hon’ble National Commission affirmed the order

passed by the Hon’ble State Commission and dismissed the revision
petition without any cost.

BIBLIOGRAPHY

LIBRARY
 Lajpat Bhawan (Lajpat Nagar)

WEB SITES
 www.consumeronline.org/guest/Courts/Courtlist.asp
 www.icrpc.org/icrpc.org.courtaddress.htm
 citizencentre.virtualpune.com/html/consumer_rights.shtm
 www.consumer.org.in

ENCYCLOPEDIA
 Encarta Encyclopedia
 Wikipedia online Encylopedia
 Brittanica Encyclopedia

BOOKS
 Text book Social Science (NCERT)