(i) Consumer ignorance<\/strong> Due to widespread ignorance of consumers about their rights and reliefs available to them, they need to be made aware in this regard. Consumer protection provides information to the ignorant consumers regarding their rights and reliefs available to them.<\/p>\n(ii) Unorganised consumers<\/strong> Consumers need to be organised for safeguarding their interests. In developing countries like India, consumers are not organised. There are very few consumer organisations which are working to protect the interests of consumers. Consumer protection encourages establishment of more consumer organisations.<\/p>\n(iii) Widespread exploitation of consumers<\/strong> Consumers are exploited by unscrupulous, exploitative and unfair trade practices of sellers. They might be exploited by unfair trade practices like defective and unsafe products, ‘adulteration, hoarding, black marketing, etc. Consumers need protection against such unfair trade practices.<\/p>\n<\/p>\n
Question 33.
\nHimanshu purchased a new car from \u2018Galaxy Motors\u2019 for \u20b9 25 lakh. He was offered free insurance for the first year and three free servicing to be availed after the car had covered 5,000 km, 10,000 km and 15,000 km respectively. When Himanshu took the car for the first free servicing, he was told that the car was not new and first service had already been availed on this car. He felt cheated and filed a complaint in the State Commission. Being not satisfied with the decision of the State Commission, after two months he decided to file and appeal against it.
\nCan Himanshu appeal against the decision of the State Commission? Give reason in support of your answer. (All India 2015)
\nAnswer:
\nNo, Himanshu cannot appeal against the decision of State Commission in the National Commission. Under the Consumer Protection Act, 1986 appeals against the order of State Commission can be filed in National Commission, within 30 days of the passing of the order and in this case Himanshu decides to file appeal against the decision of State Commission after 2 months.<\/p>\n
Question 34.
\nExplain the following rights of a consumer as provided under Consumer Protection Act 1986: (Delhi 2015; All India 2014)
\n(i) Right to choose; and
\n(ii) Right to consumer education.
\nAnswer:
\n(i) Right to choose<\/strong> A consumer has a right to choose from a wide variety of products at competitive prices. This implies that the marketers should offer a wide variety of products in terms of quality, brand, prices size, etc and allow the consumer to make a choice amongst them.<\/p>\n(ii) Right to consumer education<\/strong> The consumer has a right to acquire knowledge and to be a well informed consumer throughout life. Many consumer organisations and some business are actively educating consumers. He should be aware about his rights and the reliefs available to him in case of a product or service falls short of his expectations.<\/p>\nQuestion 35.
\nExplain the following Rights of Consumers:
\n(i) Right to safety;
\n(ii) Right to he heard. (All india 2014)
\nAnswer:
\n(i) Right to safety<\/strong> A consumer has a right to be protected against goods and services which are hazardous to life and health.
\nFor instance, electrical appliances which are manufactured with sub-standard products do not confirm to the safety norms, might cause serious injury. Thus, consumers are educated that they should use electrical appliances which are ISI marked, as this would be an assurance of such products meeting quality specifications.<\/p>\n(ii) Right to be heard<\/strong> A consumer has a right to file a complaint and to be heard in case of dissatisfaction with regard to a good Of a service. It is because of this reason that many enlightened business firms have set up their own consumer service centres and grievance cells. Many consumer organisations are also working towards this direction and helping consumers in redressal of their grievances.<\/p>\nQuestion 36.
\nHow are consumer grievances redressed by the three-tier machinery under CPA, 1986? Explain. (Foreign 2014)
\nAnswer:
\nThe three-tier machinery under CPA, 1986 consist of District Forum, State Commission and the National Commission. A consumer can file a case in District Forum if the value of goods and services alongwith the compensation claimed, does not exceed \u20b9 20 lakh, in the State Commission if the value of goods and services alongwith the compensation claimed is over \u20b9 20 lakh but less than \u20b9 1 crore, and in the National commission, if the value of goods and services alongwith the compensation claimed is above \u20b9 1 crore.<\/p>\n
On receiving the complaint, the District Forum\/State Commission\/National Commission shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample, thereof, shall he sent for testing in a laboratory. The court shall pass an order after considering the test report knd hearing to the party against whom the complaint is filed.<\/p>\n
Question 37.
\nSumit purchased an ISI marked washing machine of a famous brand \u2018MG\u2019 from TG Electronics Ltd. The shopkeeper asked him to wait for two days for installation of the machine. His friend, Vivek, was very fond of experimenting with new electronic products. He told Sumit that there is no need to wait for the company\u2019s representative to install the machine and that he could do it. So, both of them installed the machine without following the manufacturer\u2019s instructions. Initially, the machine worked effectively and the wash was good. But after two days, the machine started stopping in between the wash cycle. Sumit and Vivek tried their best to start the machine but failed in their efforts. Sumit, therefore, approached TG Electronics Ltd., which refused to provide any service on the plea that the installation of the machine was not done by the company.
\n(a) State the responsibility which Sumit had to fulfil as an aware consumer to get the services of the company.
\n(b) Explain briefly any two rights which Sumit could have exercised had he fulfilled his responsibility identified in part (a). (CBSE 2018)
\nAnswer:
\n(a) As an aware consumer, the responsibility that
\nSumit should have followed is ‘following the manufacturer’s instructions and user manuals carefully before using the product for safety purposes.<\/p>\n
(b) If Sumit had fulfilled his responsibility, then he could have enjoyed the following rights:<\/p>\n
1. Right to be heard Under this right, a consumer has the right to file a complaint under appropriate forums established by the government, in case of any grievance or dissatisfaction.<\/p>\n
2. Right to seek redressal Under this right, a consumer has the right to seek redressal and compensation in case of any exploitation. The Consumer Protection Act provides for compensation in various forms such as replacement of product, cash compensation and repair\/removal of defects, amoung others.<\/p>\n
Question 38.
\nAditi set-up a company \u2018Dantik Ltd.\u2019 to manufacture toothpastes using herbs found in her village instead of chemicals that are harzardous to health. The package of the product was eco-friendly and had details like price, quantity, ingredients, directions for use and other relevant information. It also carries the contact details like address, phone number and email id of \u2018Dantik Consumer Services and Grievance Cell\u2019. The toothpaste became very popular and she started getting orders from reputed traders.
\nIdentify and explain any two Rights of Consumers discussed above. (Comportment 2018)
\nAnswer:
\nConsumer rights discussed above are:<\/p>\n