UNDERSTANDING YOUR RIGHTS AS A CONSUMER

Shikha Vyas, an intern at Lawopedia Newsletter, has highlighted the importance of consumer rights, i.e.,?A GUIDE TO COMMON CONSUMER RIGHTS AND HOW TO EXERCISE.

Every day, consumers encounter various forms of exploitation—whether it’s the shopkeeper adding pebbles to pulses, the milkman diluting milk with water or an ice cream seller charging above the marked price. From offline to online platforms, how businesses mislead consumers are countless. Even hospitals have been known to keep deceased patients in ICUs to inflate bills. These injustices often arise because consumers are unaware of their rights. This blog aims to empower you with a basic understanding of consumer rights, so you can protect yourself against exploitation..

The Legal Framework: Consumer Protection Act, 2019

The Consumer Protection Act, 2019 governs consumer laws in India.

First, we need to understand the eligibility or requirements to become a consumer. People often misunderstand the terms ‘customer’ and ‘consumer’ and use them interchangeably. In contrast, there are subtle differences between them. Customer refers to a customer or group that buys products or services from a business. The transactional link between the buyer and seller is emphasized. You might have seen them in phrases like "customer satisfaction," "customer service," and "customer loyalty." Whereas, a Consumer refers to the end-user or person who ultimately uses a product or service. It emphasizes the person's consumption of goods or services. Often used in contexts like consumer protection, consumer rights, and consumer behavior. Here we will be learning bit by bit about consumer rights and how to exercise them.

A statement of dissatisfaction about a product, service, or company that a consumer makes to a responsible party in the consumer forum is called a ‘consumer complaint’.

Who is a Consumer?

Many people mistakenly use the terms “customer” and “consumer” interchangeably, but there are subtle differences:

• Customer: Refers to anyone who purchases products or services, focusing on the transactional relationship.
• Consumer: Refers to the end-user who ultimately utilizes the product or service.

Though section 2(7) of the Consumer Protection Act provides an exhaustive definition of consumer. But the general eligibility to qualify as a consumer, by law is:?

1. Delivery of goods or services has been made.

2. A consideration in exchange for such goods and services is paid.?

????So, you cannot seek redressal if you have taken goods or services for free.

3. A person seeking a remedy should be the end-user of the goods and services.

In cases like consumer rights infringement in hospitals, the person seeking remedy passes away their legal heirs can also claim damages.

What to Do When Your Rights Are Infringed

After understanding who the is consumer, we need to understand what to do when a consumer right is infringed and who to sue. Let's understand with an example: suppose you order a product from Amazon, and let's assume that the seller of the product is Mr. Bhim Enterprises. Now if the product is faulty, who will you sue, Amazon or Mr. Bhim Enterprises? The answer is you can sue anyone of them or both. Law allows us to seek damages from both, the seller, and the mediator. Hence No seller, service provider, or mediator can say, “It’s not our fault”. Both of them hold joint as well as several liabilities.

How to file a consumer complaint?

The question arises when we can file a consumer complaint. So, according to section 69(1) of the Consumer Protection Act, the Limitation period for the District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission, or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the District Commission the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay. So, a complaint has to be filed within two years of the cause of action arising.

Where to file the consumer complaint?

Now, let us find out where to knock on doors for filing a complaint. So, as per law, a consumer can file a complaint with the District Consumer Protection Council or to the district council, where the headquarters of the defaulting party is situated.

How to seek redressal?

Now let us quickly understand how to seek remedy in a consumer court. So, your first step towards claiming your damages is to send a legal notice to the defaulting party. You do not require a lawyer for the same. Notice can be sent via e-mail or postage etc.

These days the consumer courts have become easy to access and you can file a case simply by visiting the consumer council websites they further ease your process by providing a facility to file a complaint on WhatsApp.?

Hierarchy of consumer courts

There is a hierarchy of consumer councils with bottom to top approach District consumer councils have jurisdiction for cases not exceeding the pecuniary limit of one crore. After district, state consumer councils can hear matters up to the limit of ten crores. And central consumer councils have no pecuniary limit. The courts follow the same hierarchy for appeals.?

Conclusion

When faced with deceptive practices, don’t hesitate to assert your rights. By understanding and exercising your consumer rights, you can hold businesses accountable and prevent others from falling victim to similar injustices. Remember, informed consumers are empowered consumers. Next time you encounter a situation where a business has misled or cheated you, take action. Your rights as a consumer are there to protect you—don’t let anyone take advantage of them.

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