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Friday, March 29, 2024

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Friday, March 29, 2024

Implications of consumer rights

Dr. S Maxwell Lyngdoh

‘Know your rights or you’ll have no rights before you know it…’ – Roy Beams

As consumers, it is very important to question our rights especially when we are being ill-advised merely for not being aware / rightfully knowing what we can or cannot do. Over the years, the government both at the central and state level has been working effortlessly to ensure that customers are not suffering/falling prey to any malpractices in their engagements as consumers of various services and/or products. This is one reason why we have platforms like the National Consumer Helpline, eDaakhil (Online-Application Portal), and the strengthening of National Consumer Commissions, state, and district commissions.
With the intent to provide better protection of the interests of consumers and for the purpose, to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith, the Consumer Protection Act, 1986 has been replaced by the new Act which is now called the Consumer Protection Act, 2019.

The Act has elaborated and defined a ‘consumer’ as an individual who: (a) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, but (b) does not include a person who obtains such goods for resale or for any commercial purpose; (c) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, but (d) does not include a person who avails of such service for any commercial purpose.

In other words, this Act umbrellas all such persons or parties, institutions, and organisations involved/engaged in availing any goods and/or services for their use.
As a medium to address the grievances of the consumers, an individual may file his/her allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that covers (a) an unfair contract or unfair trade practice which has been adopted by any trader or service provider; (b) the goods bought by him or agreed to be bought by him suffer from one or more defects; (c) the services hired or availed by him suffer from any deficiency; (d) a trader or a service provider, has charged for the goods or for the services mentioned, a price in excess of the price; (e) the goods and or services which are hazardous to life and safety when used, are being offered for sale to the public.

The Act has briefly underlined the terms that may be understood for ready reference of any consumers who wish to put forth his/her claim for their rights: (a) “defect” means any fault, imperfection, or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law. (b) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or otherwise in relation to any service and includes: (i) any act of negligence; (ii) deliberate withholding of relevant information by such person to the consumer; (c) “e-commerce” means buying or selling of goods or services including digital products; (d) “goods” means every kind of movable property and includes “food”; (e) “misleading advertisement” in relation to any product or service, means an advertisement.

Common Grievances of Consumers

a. Insurance

One of the common grievances that consumers approach various platforms to address is insurance. These insurances vary from health insurance to motor vehicle, to life insurance, and other insurances of products and services.

As consumers, it has become highly necessary to know the insurance policy that one is availing, its benefits, the binding rules, and most importantly what may prevent them from not getting the same. As laymen, we tend to trust whatever is being told to us, without the need to cross-check or study beyond. The common mistake that most consumers make is blindly signing off bulky insurance policy documents, not realizing that their signatures only imply their consent and agreement to whatever the policy entail and/or indicate.

Unfortunately, if any dispute arises, any court of law will have to decide on documents as evidence and documentary evidence are dates and signatures provided in the insurance policy, which are taken with or without the consumers’ knowledge.

b. Medical Negligence

Perhaps, not known to many, medical negligence comes under one’s right as a consumer to appeal if he/she falls prey to any sort of medical negligence by any hospital, clinic, and/or testing centre. The fact remains that as individuals, one has paid for availing the services. Any malfunctioning or discrepancy in services can be complained against, in District Commissions and later appeal in State Commissions if one feels that justice has been denied.

c. Online Shopping

With shoppers opting mostly for the online mode, the number of frauds happening through online transactions is also increasing. Booking flight tickets, buying goods, food items, and online products has to be done with utmost care. Usual complaints come to the Commissions that right after the payment for any online product(s)/services is made, the website would be untraceable or there would be no responses of any sort from their end.
These websites are designed by showcasing attractive prices and rates of commodities, making the consumers want to try their luck only to discover later, that they have been duped. Such complaints are difficult to admit by the Commissions as these websites are nowhere to be found. In such circumstances, it is advisable that as consumers, one should look for authentic websites, especially when the amount to be paid is huge. Other common Complaints include Postal, Education, Edibles items, Loans, and many more.

The Act wants to ensure that consumers have (a) the right to be protected against the marketing of goods, products, or services; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products and unfair trade practices; (c) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices; (d) the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums; and lastly (e) the right to seek redressal against unfair trade practice or restrictive trade practices or exploitation of consumers.

(The writer is Member, District Consumer Disputes Redressal Commission, East Khasi Hills, Meghalaya).

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