Consumer
Section 2 (1) (d) of the Consumer
Protection Act, 1986 defines the term "consumer". It says ‘consumer’
means any person:
a)
Who buys goods and has paid or promised to pay a consideration partly
or fully under any system of deferred payment.
b)
Who hires or avails of services and has paid or promised to pay a
consideration partly or fully under any system of deferred payment.
c)
Who uses
the goods with the approval of the person who has bought the goods for a
consideration
d)
Who
is a beneficiary of the services hired or availed by an individual with
the consent of that individual?
Who is not a consumer?
a)
An
applicant for a passport has been held to be not a consumer, because the duties
of the passport officer do not fall in the category of services for
consideration.
b)
An
applicant for ration card is not a consumer.
c)
The
beneficiaries of municipal services have been held to be not in the category of
consumers.
Rights of Consumers:
a)
The
right to safety: It refers to the right to
be protected against products, production processes and services which are
hazardous to health or life. It includes concern for consumers immediate and
long term needs.
b)
The
right to be informed: Consumers have a right to
be informed about the quality, quantity, potency, purity, standard and price of
goods or services so that they can make the right decision and protect
themselves against malpractices.
c)
The
right of choice: The consumer has the
right to be assured of a choice of various goods and services of satisfactory
quality and competitive price.
d)
Right
to representation (or right to be heard): It is a right and the
responsibility of civil society to ensure consumer interest prevails while
formulating and executing policies which affect the consumers, as well as right
to be heard while developing or producing a product or service.
e)
Right
to seek redressal of aggrievances: The consumer has the
right go to court if he has been unscrupulously exploited against unfair or
restrictive trade practices and receives compensation for supply of
unsatisfactory or shoddy goods.
f)
The
right to consumer education: It is the right to
acquire knowledge and skills to be an informed consumer because it is easier
for the literate to know their rights and to take actions to influence factors
that affect consumer’s decisions. The Union and State Governments have accepted
the introduction of consumer education in school curriculum.
g)
Right
to basic needs: It is the right to
receive the eight basic necessities that are required to survive and lead a
dignified life. These eight basic necessities include food, clothing, shelter,
health care, sanitation, education, energy and transportation.
h)
Right
to healthy environment: It is the right to be
protected against environmental pollution and environmental degradation so as
to enhance the quality of life of both the present and future generation.
Main responsibility of consumer are given as under-
a)
Be
aware about their right: Consumer must be aware of their own rights. This right
is right to basics needs, right to consumer education, right to be informed,
right to be choose, right to be safety, right to be heard and right to seek
redressed of grievances.
b)
Quality
conscious: while making purchase, consumer should look for quality
certification makes like ISI on electrical appliances and Agmark on food
product etc.
c)
Must
obtain cash memo: Consumer must insist on cash memos as cash memo act as proof
of purchase. No seller can deny given cash memo. A seller is bound to give a
cash memo even if buyer doesn’t ask for it.
d)
Be
Assertive: The consumer must be assertive in his dealings.
e)
Be
Honest: Consumer must act honestly and choose goods/services, which are
legitimate. They should also discourage unscrupulous practices like misleading
advertisements and black marketing etc.
f)
Ready
to lodge complaints: Consumer should not ignore the dishonesty to trader. The
consumer should file a complaint even for a small loss. However, they should
file complaints for the redressed of genuine grievances only.
g)
Respect
Environment: Consumer should avoid polluting the environment.
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