Open Access Research Article
Unaware Consumers and Consumer Rights: A Brief About Consumer Protection and Challenges of a Consumer in the Marketplace (By-Taru Singhal)
Abstract
Unaware
Consumers and Consumer Rights: A Brief About Consumer Protection and Challenges
of a Consumer in the Marketplace
Authored By-Taru
Singhal
Abstract
A consumer is the most essential element in the
equation of any market and is affected by almost all the public and private
economic policies formulated in a country. The laws governing consumer
protection in India act as a safeguard by enumerating provisions for the
effective protection of consumer interests. Even though consumers have been
provided with various rights which they can and should exercise, there are many
instances where buyers have been subjected to various malpractices,
adulteration, etc. in a world full of ravenous buyers having self-serving
propaganda. On the brighter side, a multitude of consumers are becoming more
conscious of and acquainted with their rights and duties, as mentioned in the
Consumer Protection Act, 2019, which has definitely fuelled consumer protection
for it to reach greater heights in safeguarding consumer interests.
Introduction
We all come across different markets in our
everyday life and they cannot exist without the cohabitation of both the
consumers as well as producers. While the producers offer goods and services,
the consumers on the other hand receive or avail of these goods and services,
both playing their part in the marketplace. However, many times, it is observed
that the buyers are not treated fairly by the sellers. Even though a consumer
is considered as the real deciding factor for all economic activities,
incidents have proven that they are often subjected to exploitation in the
marketplace. For instance, we may frequently come across people who complain of
having been supplied with inferior quality or adulterated goods or experiencing
a deficiency in services, ultimately making them feel discontented that they
did not get the full worth of their money.
Taking into consideration this situation of
consumers, the Consumer Protection Act was passed in 1986, to protect the
consumers from exploitation, guarantee rights to them and provide for consumer
redressal mechanisms. However, due to huge transformation in the consumer
markets as a result of increasingly complex products (goods) and services, the
emergence of global supply chains, a massive surge in international trade and
rapid development of e-commerce, a new act, i.e. the Consumer Protection Act
2019 was formulated to widen the scope of consumer protection in this new era
where the consumer has become vulnerable to new forms of unfair trade and
unethical business practices.
Although there have been significant changes in the
consumer protection machinery from the part of the government, the consumer is
still facing many problems in his everyday marketplace. Sometimes, people
themselves are responsible for the inappropriate goods and services that they
are provided with. In most cases, they do not possess adequate knowledge about
their rights and duties as a consumer, which ultimately leads to a feeling of
dissatisfaction and the consumers facing problems. This assignment tries to
explain the possible reasons regarding the fact that consumers face problems in
the marketplace.
Common
Problems Faced By A Consumer In The Marketplace
Any place or platform so to say, not necessarily
bound by territorial grounds, where there is an interaction between buyers and
sellers, or where the producers sell their products and services to a curated
consumer base, can be termed as a marketplace.
Consumers face a ton of problems due to various
unscrupulous, exploitative and unfair trade practices adopted by the sellers or
a producer that has the motive of maximising their profits. This is perhaps
because producers have money, power and resources, which allow them to take
advantage of the consumers by resorting to unfair means in the marketplace. The
new Consumer Protection Act 2019 introduces a broad definition of unfair trade
practices, which includes sharing of personal information given by the consumer
in confidence unless such disclosure was made in accordance with the provisions
of any other law. Some of these malpractices can be listed as follows-
- Sale of adulterated goods
- Sale of sub-standard goods
- Sale of defective goods
- False claims made in advertisements by the
marketer
- Overcharging of price i.e. a price that is
higher than the MRP
- Faking shortage of goods so as to sell them at
higher prices, etc.
With regards to the above-mentioned malpractices
resorted to by the sellers and producers, the following may be termed as some
of the common problems faced by consumers in the marketplace-
- Lack of information/knowledge- this is the primary issue that concerns the
consumers. Most of the time, the customers don’t even know the sources of
getting information whereas on the other hand many of them are not even
aware of the rights and duties that they must exercise as a consumer.
- Unorganised Consumers- this is also a very common problem faced by
consumers these days. In the marketplace, the consumers are large in
number but they are scattered and not united, while the producers and
sellers have a powerful front even if they are lesser in number as they
mostly exist in an organised or clustered manner, this results in consumer
exploitation by the united front established by the producers in the
marketplace.
- Illiteracy- India being a developing country still suffers from the problem
of illiteracy with regards to a majority of its population. Most of the
consumers in both urban and rural areas are not able to actually
understand or comprehend the policies of a company, brand, organisation or
even the government with respect to the usage and/r terms of usage of
their goods and services.
- A victim of misleading
packaging/advertisements- many times the consumers’ attention is easily caught by
attractive packaging or advertisements claiming the sale or delivery of
certain goods or services. However, by using such attractive packaging or
advertising methods, the sellers and producers tend to supply goods and
services that are not up to the mark, thereby fooling the consumers. In
other words, the consumers do not get a fair return even though they pay a
high price for the goods they purchased, unable to get satisfaction.
- A victim of black marketing- this is also a very common problem faced
by consumers especially with regards to certain goods which experience a
shortage in the market. Even if there isn’t an actual lack of such highly
demanded goods or necessary goods, the producers create an artificial
shortage of those goods in the market, thereby selling them at overpriced
rates to the consumers. A very recent example of such malpractice is the
black marketing of oxygen cylinders when there is an actual shortage of
this necessary commodity.
- Receiving adulterated goods- it is often observed that producers
provide adulterated goods to the consumers so as to maximise their
profits. Adulterated goods are those which have been hampered, resulting
in the decrease of their original quality, efficiency and purity, as well
as causing health problems to the consumers. The food industry is the
major contributor to this problem. Milkmen, for instance, add a substance
called ‘urea’ to milk and its products due to its striking similarity to
milk, which cannot be distinguished by naked eyes. This leaves the
consumers exploited and in a position to pay high prices for goods that
are not even in their original form.
Rights Of The
Consumers As A Measure For Safeguarding Their Interest
As discussed earlier, the primary reason for the
consumers to be tricked and thereby exploited in the marketplace is their lack
of information, awareness and knowledge about their rights and duties as a
consumer, guaranteed to them by the Consumer Protection Act 2019. The consumer
is so unaware of what is happening around them that it becomes easy for the
seller to take advantage of them in the marketplace, usually even without the
consumer’s realisation. Even though the main issues due to which the consumers
face exploitation are at the hands of the producers or sellers, there are also
certain instances when consumers face problems in the marketplace due to their
own faults. These can be categorised as possessing limited information,
ignorance by consumers, lack of fulfilment of consumer duties or
responsibilities, or even the misuse or insufficient use of consumer rights.
Consumer rights provide an insight into the rights
the consumers hold when it comes to the seller who provides goods. Following
are the rights guaranteed to a consumer-
- Right to safety- every consumer has the right to be protected against the
marketing of such goods and delivery of such services that are hazardous
to life and property. Due to the diversity in the range of goods and
services offered by producers, they need to strictly follow the required
safety rules and regulations before offering such goods and services to
the consumers for consumption. However, due to a high number of small
vendors in the unorganised sector, there is a lack of proper testing
facilities and also a lack of funds. This causes the use of fake safety
marks such as ISI marks, AGMARK, etc. by sellers in the marketplace.
- Right to be informed- consumers have the right to be informed
about the quality, quantity, potency, purity, standard and price of the
goods and services the producers have to offer, which in turn will protect
them against unfair trade practices. Provisions relating to the Right to
information can also be found in The RTI Act, Competition Act 2002, The
Standards of Weights and Measures Act 1976, etc. All these acts also
provide the citizens with the right to seek information regarding the
range of subject matter of these acts.
- Right to choose- every consumer has the right to choose products and services from
a variety of options at competitive prices with an assurance of
satisfactory quality. With this also comes the responsibility to make
informed and responsible choices. In other words, any consumer who
receives a service in whatever capacity, regardless of age, gender and
nature of service, has the right to choose whether to continue to receive
the service. In a country like India, where the consumers become victims
of tied-selling, poor quality wrong-weighted goods, etc., the right of
consumers to choose is not realised to its fullest potential.
- Right to be Heard/Represented- if at some point the consumers feel
dissatisfied with a product or a service, then this right gives those
consumers an opportunity to be heard in case of their grievance. Many
firms and organisations have set up their own customer service and
grievance cells in furtherance of this right. The main aspects of this
right include the right to express consumer interests in the making of
decisions, the responsibility to make opinions known, to be represented in
various forums formed for consumer welfare. Consumer associations help in
magnifying the individual consumer’s voice, enabling them to seek
representation in the consumer forums.
- Right to Seek Redressal- In addition to the right to be heard, the
consumers also have a right to seek redressal that is to get relief in
case there is an exercise of unfair trade practices against the consumer
because of which he suffers loss. The consumer protection act provides for
a three-tier redressal mechanism that enables the aggrieved consumers to
receive compensation depending on the degree of damage suffered by them.
However, taking into consideration the lack of enthusiasm in implementing
the provisions of the Act or even selecting adequate persons for positions
of responsibility, the redressal machinery has witnessed subsequent
setbacks and thus a delay in ensuring justice to the consumers.
- Right to Consumer Education- this right aims at increasing consumer
awareness with respect to their rights and duties as mentioned in the Act.
The consumers have the right to know how the market system works, how to
avail themselves of the best value and satisfaction from their choice of
goods and services, etc. In light of this, the government has accepted and
understood the importance of consumer education and introduced the topic
of consumer awareness and education at school as well as college levels.
Numerous awareness programs and workshops are held by government and
non-government organisations so as to enlighten the consumers, providing
them easy access to the knowledge and skills, thus helping them become
well-informed of their rights and duties.
In addition to the availability of these rights,
consumers must exercise their duties and responsibilities mentioned under the
Consumer Protection Act 2019 so as to minimize the risk of exploitation at the
hands of the producer in a marketplace. A person becomes a well-informed
consumer when he/she ensures that these duties are discharged while purchasing,
using and consuming the goods, and availing the services.
Following may be termed as the responsibilities of
a consumer-
- Before purchasing any goods or services, a
consumer must ensure that they know what they are buying. In the case of
e-commerce, consumers must get information about the products from
websites that are curated by producer organisations explaining the rate of
safety, quality, performance, etc. of the concerned product or service.
- Since the consumers are also ultimately part
of the society that we live in, it is the duty of a consumer to make
responsible choices with respect to the goods or services they wish to
avail themselves of. Emphasis should be laid on the effect of those goods
or services on the environment, conservation of resources, reduction of
carbon footprint, illegality, animal welfare, etc.
- Another important duty of a consumer is to
always ask for a bill or cash memo at the time of purchasing goods or
services. The cash memo shall act as proof of consumption of such a
service or product in case there is any grievance caused to the consumer.
- Consumers must make sure that they are
consuming those goods and availing only those services that qualify the
safety standards as prescribed by the organisations responsible for
measuring those quality and safety standards. For example, a consumer must
read the label of the product and check for the marks such as ISI, AGMARK,
FSSAI, Hallmark, FPO, etc. with respect to the type of product.
- Since the sellers tend to sell products at a
higher rate, it is the responsibility of a consumer to ensure that they
get a fair deal. Consumers should bargain and purchase the goods or avail
the services at the best and fair price; however, it is essential that the
consumer is honest in his/her dealings and chooses a product only from a
legal source.
- Responsible consumers must assist in improving
the policies and products of the producers or businesses from where they
avail their goods or services. This is precisely why consumers should
speak up and exercise their right to be heard. This not only protects
other consumers from facing the same issues but also helps the sellers to
enhance their product’s quality.
- In order to increase consumer awareness and knowledge,
consumers must unite together and form organisations as well as consumer
societies. This will ensure that in cases where the amount of damages is
not adequate to be taken to court, then also such consumers can seek
justice. Today there are more than 700 consumer groups in the country but
only around 20-25 of them are well organised and recognised for their work
- Last but not the least, if the consumers
experience any shortcoming in the quality of goods purchased or services
availed, they must file a complaint in the appropriate consumer forum and
exercise their right to seek redressal. India is one of the very few
countries that have exclusive consumer redressal forums and therefore the
consumers must make adequate use of such a system.
Conclusion
India, being a developing nation and a storehouse
of diversity with respect to culture, languages, professions, businesses, as
well as a high population, is indeed a challenging task to ensure that its
consumers are fully aware of their rights, responsibilities and duties in the
marketplace. It is the responsibility of the government, producers as well as
consumers themselves to ensure that these rights are exercised and the duties
fulfilled accordingly so as to protect the exploitation of consumers. As the
nation progresses, in terms of technology, standard of livelihood, economy, per
capita income and also as new industries and start-ups emerge, there will
always be scope for the sellers to exploit the consumers in numerous novel
ways, but so will be the scope for the formulation of better policies legal
framework in order to ensure the protection of consumers in the marketplace.
Published Paper
Author Details
Author Name: Taru Singhal
Title: Unaware Consumers and Consumer Rights: A Brief About Consumer Protection and Challenges of a Consumer in the Marketplace
Email Id: singhaaltaru@gmail.com
Article Information
Unaware Consumers and Consumer Rights: A Brief About Consumer Protection and Challenges of a Consumer in the Marketplace (By-Taru Singhal)
Authors: Author Name: Taru SinghalTitle: Unaware Consumers, Consumer Rights: A Brief About Consumer Protection, Challenges of a Consumer in the Marketplace
- Journal IJLRA
- ISSN 2582-6433
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
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