ACS- 01

5th Part

Caveat Emptor - Let the buyer beware continued to be the governing rule. The helpless and harassed consumer did not really get effective remedies. Consumers remained the king only in the literature on economics. The seller/manufacturer/supplier continued to roll the roost.

Q.  Consumers should not only seek rights but also behave as responsible consumers. Do you agree? State the duties of consumers.

Q  DUTIES OF CONSUMERS AS A COROLLARY TO CONSUMERS' RIGHT

A.  In social life rights and duties are the two sides of the same coin. Consumer duties are :

i) they should check properly the quality and prices before purchasing the goods or hiring the services.

ii) they should be aware about the existing consumer protection laws and law enforcing machinery.

iii) they should have the courage to protest against the exploitation and seek redressal of grievances.

The first duty of the consumer is to himself which means the enforcement of his own rights. For instance, for meaningful enforcement of rights to safety, it is our duty to buy only quality certified goods, particularly where safety is of primary importance, for example, in case of road safety one should purchase only ISI marked helmets. Similarly, in terms of electric /electronic items, only ISI marked equipment should be purchased. Likewise for eatables, particularly, spices, oils, ghee, atta, etc. our duty is to buy packed foods with only quality certification such as AGMARK. The AGMARK products ensure the following four rights to the consumers -

(I) the right to safety; (2) the right to be informed (3) the right to choose, and (4) the right to be heard. It is also our duty to check correct weights and measures, dates of manufacture and expiry, pricing and ingredient labeling, the inclusion of quality marks (ISI, Agmark, Eco-mark), batch number, Warranties, and guarantees, etc., before making a purchase of packed items.     

Two duties towards others and the environment. These can be called our social and ecological responsibility. This means as a responsible consumer one should be aware of the implications of his right to choice and he is answerable to fellow consumers and to the environment for his buying decisions. The awareness of environmental issues determines the choice of products For example use of Chloro Flouro Carbon (CFC) - free air- conditioners and refrigerators. It also involves a conscious rejection of non-biodegradable packaging like polythene, and minimal use of chemicals at home.

Pollution, exhaustion of resources, and energy and dumping of toxic wastes all over the planet are some of the problems associated with irresponsible consumption. Purchase of a sub-standard vehicle emitting too much smoke affects others' right fur healthy environment. Bulk purchase or hoarding of goods which are in short supply affects other consumers' rights to availability and fair price, etc. Therefore it is important to understand that the choices we make as consumers affect others and in particular the environment.

Q.  Discuss some of the limitations in the Consumer Protection Act. 1986.

A.  1.  the Act should be suitably amended to include free medical and municipal services provided by the government. A victim of medical negligence in a government hospital should be entitled to compensation by enlarging the definition of consumer and bringing free services provided to the public by the government.

2. The Consumer redressal Fora should be vested with powers to issue interim injunctions restraining a person from carrying on any unfair trade practice as defined in Act.

3.  The Consumer Redressal Fora should be empowered to take up the cases suo motu.

4.  In case the unfair trade practice about which a complaint has been made; and about which the consumer Redressal Forum has given relief to the complainant, then if Forum is of the opinion that the alleged unfair trade practice is against the public interest, it should be empowered to pass an order that the practice shall be discontinued and shall not be repeated. This is commonly called 'cease and desist' ordered.

5.  It is absolutely essential to ensure the quality and competence of non-judicial members who are selected to work on the Benches of Consumer redressal agencies. Moreover, the anomaly in emoluments should be rectified.

6.  The consumer redressal agencies should be equipped with the personnel for execution of their orders, and in this way, the necessity of depending on Civil or Criminal Courts would be obviated.

7.  There is a need to provide the essential infrastructure to the District Forums and State Commissions so that they can function effectively.

8.  The presence of lawyers should be permitted only where the complainant engages a lawyer which will justify the engagement of the lawyer by the respondent.

9.  A procedure must be established which makes it necessary for the court to immediately give a copy of the order to the parties so that no excuse is given for the delay in submission of appeals.

10.  Consumers should be allowed to lodge complaints with the Consumer Forums even

where an alternative remedy is available under another enactment.

11.  The Act should be modified to recognise a very important right of consumers viz. the right to a healthy environment.

12.  The Act should be amended to make the six rights of consumers justiciable.

13.  The Act should be amended to empower Consumer Courts to publish the names of manufacturers, traders, and dealers whose goods are found to be hazardous to public safety. This empowerment would work as a deterrent to the erring business community.

14.  The Act should be amended as to streamline the procedure that would facilitate quick disposal of consumer cases.

15.  The act should be amended so that liability can be imposed on the chief executive, manager, or director where an offense is shown to have been committed.

16.  The Act should be amended providing that the consumer forums shall not order dismissal of a complaint merely on the ground that the complaint is of a complex nature and that it should be filed before a Civil Court of competent jurisdiction.

Q.  Consumers remain exploited in spite of the various rights conferred upon them under the Consumer Protection Act, 1986. Do you agree? Give reasons for your answers.

A.          

   1. Lack of Awareness

There is an utter lack of awareness about rights among the consumers. An only limited number of knowledgeable consumers exercise their rights. The ignorance of the consumers especially in rural areas is largely responsible for their exploitation at the market place. Consumer justice through consumer legislation and enforcement is only possible if there is consumer awareness. Therefore, there is a need for spreading consumer awareness among various sections of society, particularly the illiterates. CPA itself provides for consumer education therefore it becomes the responsibility of the state to impart consumer education among the masses. These efforts need to be strengthened by voluntary organizations, media, informed citizens, teachers, students, and journalists in particular.

2) Responsibilities

Apart from lack of awareness, there is also a lack of sense of responsibility among the consumers. The responsibility is of two types. the first and foremost responsibility of the Consumers is to oneself. This means that he should ensure value for his money spent on the purchase of goods or services. Simultaneously, it becomes his individual responsibility to make other people aware of their rights and responsibilities. None of his actions or choices should affect the rights and responsibilities of the other fellow consumers. In other words, any responsible consumer must not act in a selfish manner for getting short term pleasure or profit. The second responsibility is towards the environment.

i) ignorance of the law,

ii) corruptions in the law enforcing machinery

iii) lengthy legal process

Q.  What is meant by consumer responsibility? Discuss.         10

A.  A responsible consumer is a person is the one who is fully aware of the implication of his right to choice and is accountable or answerable to other consumers and to the environment for his purchase decisions.

 The components of a consumer's responsibility include:

-  one who recognizes his power & ability to control his consumption practices or habits.

-  one who creates an environment-friendly lifestyle.

-  one who is accountable for his actions and purchase decisions

-  a consumer with capacity for rational thinking

-  Being a watchdog over the activities of the industries and businesses

-  one who demands the goods of standard quality.

Citizen as Responsible Consumer 

As a responsible consumer, the area of his activity expands to include not only what he can carry from the market to his home for personal use, but what he can give in return to society and to the environment. This involves not only action but also the decision not to act in a certain established or acceptable manner. For example, as a user of market commodities, the consumer takes partial responsibility for garbage disposal.

       The dimension of consumer responsibility is - 

The consumer should always check correct weights and measures, dates of manufacture and expiry, pricing and ingredient labeling, the inclusion of quality marks (ISI, Agmark, Eco-mark), Warranties and guarantees, etc., before making a purchase. This is the first dimension of the consumer's responsibility as a citizen.

The second dimension of consumer responsibility is towards the environment which is global and thus makes him a citizen of the world. The awareness of environmental issues determines the choice of products For example use of Chloro Flouro Carbon (CFC) - free air- conditioners and refrigerators. It also involves a conscious rejection of non-biodegradable packaging like polythene, and minimal use of chemicals at home.

Ethical Consumer 

The ethical consumer buys and invests appropriately and ethically. Price and profits are not the only priority for him. The ethical behavior means one who takes the right decision in most situations for most of the people. An Ethical Consumer is also a green consumer, the one who cares for the environment. 

Q   Explain the three phases of Consumer Responsibility.       10

A.  The three phases of Consumer responsibility are as follows.

Initially, the consumer was supposed to be concerned only with value for money, information, and production of consumer goods. In the second phase, the aware consumer challenged the large corporations and their marketing strategies and advocated consumer cause. In the third and the current phase, the consumer is expected to be aware of the environmental implications of each product on the market shelf and be aware of his/her duties and responsibilities as a consumer and as a citizen.

      Currently, the crucial area of concern is the question of consumer priority. In other words, this means what the consumer should look for: Whether to purchase cheaper and more easily available products or to look out for fair trade practices, environmental costs, and public health.

     Citizen as Consumer 

A person's range of activities and interactions extends from his/her home to the market place as a consumer. But as a citizen, the area of his/her activity expands to encompass not only what he/she can carry from the market to his/her home for personal use, but what he/she can give in return to society and to the environment. This involves not only action but also the decision not to act in a certain established or acceptable manner. For example, as Consumer Responsibilities a user of market commodities he/she takes partial responsibility for garbage disposal.

       The following are some of the areas where consumer intervention can influence the market to act responsibly towards the consumer. For that the consumer should always check correct weights and measures, dates of manufacture and expiry, pricing and ingredient labeling, the inclusion of quality marks (ISI, Agmark, Eco-mark), Warranties, and guarantees, etc., before making a purchase. This is the first dimension of the consumer's responsibility as a citizen. His/Her other dimension of responsibility is to the environment which is global and thus makes him/her a citizen of the world. This awareness of environmental issues determines the choice of products which provides a negative environmental impact. For example use of Chloro fluoro Carbon (CFC) - free air- conditioners and refrigerators. It also involves a conscious rejection of non-biodegradable packaging, and minimal use of chemicals at home.

Ethical Consumer 

The ethical consumer buys and invests appropriately and ethically. Price is not the only priority for he/her; ethical behavior means one is doing what is right and good in most situations for most people. An Ethical Consumer is also a green consumer. The evolution of a consumer into a green consumer means that the consumer exercises He/her vote, not only in favor of market responses to his needs but also the individual's responsibility towards the environment.

Q.  Discuss the role of Consumer Responsibility towards society. 

A.  A responsible consumer is a person is the one who is fully aware of the implication of his right to choice and is accountable or answerable to other consumers and to the environment for his purchase decisions. In fulfilling his responsibility the consumer tries to make a conscious effort in improving the quality of life both of himself as well as the other people in the society. Consumer responsibility also includes the empowerment of the disadvantaged sections of the society. It also includes behaving as a watchdog to the activities of the industry.

       The need for consumer responsibility has come at a time when consumerism has created a chasm or division in society making the consumer into a passive person. The market too has reduced the capacity of the consumer to choose. The companies use advertisement as a medium to pretend that they will take care of all the needs of the consumers. In doing so, only new needs were created. Many times, artificial needs were also developed.

       The consumer should be aware that the target of the market is his/her pocket, earnings, and savings. Hence, the first and foremost responsibility of the Consumers is to oneself. This means that he should ensure value for his money spent on the purchase of goods or services. Simultaneously, it becomes his individual responsibility to make other people aware of their rights and responsibilities. None of his actions or choices should affect the rights and responsibilities of the other fellow consumers. In other words, any responsible consumer must not act in a selfish manner for getting short term pleasure or profit.

       Consumer's responsibility towards society is fulfilled only when he assumed responsibility as an aware and alert citizen. As a citizen, he must be aware of the relationship between human society and the environment. He must behave knowing fully well that the environment is fragile enough and that it must be taken care of, nurtured by each generation. By doing so, the future generations can benefit. The consumer's responsibility not only involves nurturing the environment but also to reverse the damage done so far by augmenting the conservation of resources.