PROJECT ON CONSUMER RIGHTS (AWARENESS)

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FRONT PAGE 

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ACKNOWLEDGEMENT 

I would like to express my special thanks of gratitude to my teacher Anu Ma'am as well as our principal Sister Alice who gave me the golden opportunity to do this wonderful project on the topic Consumer Rights, which also helped me in doing a lot of Research and I came to know about so many new things I am really thankful to them. Secondly I would also like to thank my parents and friends who helped me a lot in finalizing this project within the limited time frame.

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INDEX

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INTRODUCTION 

The Government enacted a specific law called the Consumer Protection Act,1986. It provides protection to the consumer. It was passed by the parliament in 1986 and came into force with affect from July 1,1987 This Act extends to the whole of India except the state of Jammu and Kashmir. It was amended in 1993 and 2003. It covers all the goods and services. The Act provides for the establishment of consumer disputes redressal agencies at District State and National level for the protection of consumer interests and to redress their grievances in a speedy. Simple and inexpensive manner. Today, Consumer is the king of the market if the consumer is removed from the market. nothing remains (market-consumer = zero). Therefore, it can be said that consumer is the basis of the market. When the consumer happens to be absolutely important it is indeed very necessary to protect him from any exploitation in the market. There is a mention of some rights of consumers in the Act.

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CONSUMER 'S RIGHT 

Government of India provided following rights to all the consumers under the Consumer Protection Act: 

1 Right to Safety

2. Right to be informed /Right to Representation

3. Right to choose 

4. Right to be heard

5. Right to Seek Redressal 

6. Right to Consumer Education

7. Right to Basic Needs 

8.Right to Healthy environment

CONSUMER RESPONSIBILITY 

Consumers should Keep a few things in mind while purchasing them.

1. Consumer must Exercise his Rights. 

2.Cautions  Consumer  / Do not buy Blindly.

3 Filing Complaint for the Redressal of Genuine Grievances.

4. Consumer must be Quality Conscious/Do not compromise on Quality.

5 Advertisements often Exaggerate /Beware of false

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FACTORS CAUSING EXPLOITATION OF CONSUMERS

■ Limited information

■ Limited supplies

■ Limited competition

■ Low literacy

GOVERNMENT MEASURES

The government is making many  efforts in order to provide protection to consumers interests. They are protected by the government by enacting various  legislations Consumer Protection Act.1986 is an important legislation by the government to provide protection to the affected consumers. The festival and provincial  government are responsible for protecting consumer rights. The Consumer Product Safety Commission is responsible for consumer product Safety. The Federal Trade Commission (ETC) protects consumers.

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against false advertising and fraud. The Food and Drug administration is responsible for the safeguarding of public health by monitoring drugs, medical devices, and cosmetics .The Consumer movement in India has led to the formation of various organizations locally known as consumer forums or consumer protection. They guide consumers on how to file cases in the consumer court.

CONSUMER COURTS

The Consumer Protection Act has provided three-tier judicial machinery for redressing the grievances of consumer. Consumer Courts have been established. So that the consumers can enjoy their rights. 

1. At District Level- District Forum 

2.At State Level-State Commission 

3.At National level-National Commission

The district level court deals with cases involving claims upto Rs. 20 lakh. The state level Court deals with cases between Rs 20 lakh and Rs 1 crore. The national level court dealt with cases which involve claims exceeding Rs.1cm If a case is dismissed in district level court, the consumer can also appeal in state and then in National level courts.

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CASE STUPIES ON CONSUMER  GRIEVANCES

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CASE STUDY-1

 Services have to be rendered with due care and in accordance with the Law

Arvind Shah (Dr.) v kamlaben kushwaha

In this case, the complainant alleged that his Son died due to the administration of a wrong treatment by the doctor. The State Commission upholding negligence provided a compensation. of five lakh rupees.

In appeal, the National Commission observed that the two prescriptions that were available on record neither contained any description of the Symptoms that the patient was experiencing nor did it have any preliminary vital information that a doctor is mandated to check, as per the guidelines and regulations of the Medical Council of India like body temperature, blood pressure, pulse rate, prior medical history etc. If further tests were required for the diagnosis, such was also mandated to be mentioned. The commission, following the case of Samira Kohli v Dr Prabha Manchanda [I (2008) CPJSE (SC))], held that failure to put such essentials in the prescription amounted to medical negligence. The Commission also noted that availability of such essentials, clinical observations and consent of the patient, point towards the care and diligence of the doctor andact as evidence against frivolous cases of medical negligence.

However, due to lack of available evidence that attributed the death of the patient directly to the negligence, the National Commission reduced the compensation to two and a half lakhs along with the interest there on.

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CASE STUDY-2

Educational institutions must refund extra fee paid

 Sehgal School of Competition v Dalbir Singh

To seek admission in a medical coaching Center, the petitioner, in this case, was made to deposit a lump sum fee for two years within the first six months. When the petitioner left the course midway on account of deficiency in the services, the coaching center refused to refund the remaining amount. The State Tribunal, following the view of the apex court and the National Commission, held that no educational institution shall collect lump sum fee for the duration of the entire course and if one does, Such extra fee Should be returned in case the Student drops out due to deficiency. It noted that any clause in a contract contrary to this is invalid due to lack of equal bargaining power and contravention of the principles of natural justice.

The court was also of the opinion that additional compensation should be granted for the mental agony caused due to approaching the legal forum. However, since such was not asked in the petition, it could not be granted.

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CASE STUDY-3

Compensation to the complainants for frivolous appeals

 Delhi Development Authority V D.C.Sharma

In the case of an accidental double allotment of a plot by the Delhi Development Authority, the State Commission refused to accept the defence that the plot had not been provided to the complainant only for his failure to pay the cost. It was found from the records that the plot had been allocated to another person. It, therefore, ordered the Delhi Development Authority to either provide another plot of the same description to the appellant under the same conditions or pay the escalated price of the plot.

The National Commission dismissed the revision petition for lack of infirmity in the State Commissions judgment and ordered the payment of five lakhs for indulging in unfair trade practices and unduly harassing respondent for more than eighteen years.

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CASE STUDY-4

National Commission directed builder to pay heavy damage for duping the Consumer

Booking a flat on the 60th floor proved to be a painful for a homebuyer couple who was not delivered a flat as promised by deal Mumbai based builder Lodha Crown Buildmart Private Limited. when the couple homebuyer decided to own a flat in Ladha,little did  they know that their wish was going to remain unfulfilled and they will have to file consumer complaint for the same. The flat booked by the buyer was a part of the Lodha Dioro project which is located at New Cuffe Parade in padala in wudala, Mumbai and is a luxury project. After years of struggle and undue delay, National Commission finally passed an order in favour of the homebuyer couple where it directed the builder to pay Rs 2.52 crores with interest at the rate of 9% The National Commission also held it present directors Ramandas Pandey and Pranay Goil jointly and severally liable to pay the amount. 

The complaint was fited by Jagunnath Miray and Baby Hiray, wherein they claimed that they had booked a 35% Flat on the 60th floor of the

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proposed building named LODHA DIORO for a sale consideration of Rs. 445,68.432 in 2012. Above that. he also paid Rs 14 lakh as parking charges for two Parking spaces, Mumbai Metropolitan Region Development Authority  granted commencement certificate to Lodha on February 20, 2013, s, for only ground-plat. 53 floors and not 66 floors. But this didn't stop them from demanding additional payment from the homebuyer.

Much to the agony of the buyers, in 2015, the builder issued a letter cancelling the allotment. Without further delay, Miray filed a consumer Complaint to o seek refund of the deposited amount and compensation for the damages that the builders had caused.

The builder opposed the complaint stating that the couple homebuyers are flat traders who booked the flat only for reselling. Since they had availed the service for commercial purposes, they cannot be regarded as 'Consumer within the meaning of Consumer Protection Act 1986. However, the National Commission declared its claim invalid.

Builder also offered to refund the deposit amounts or a new flat in the same building (on the 50th floor) with the same carpet area, without additional charges, however, the buyer did not accept the offer.

 Later it was  revealed that the builder did not have sanction to build beyond 45 floors due to height restriction by Airports Authority of India (AAI). Keeping all the points in mind, the National Commission. ordered to refund of Re 2,51,69,518  with along with 9%. interest per annum.

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CASE STUDY-5 

Both parents and minor can claim for compensation under Consumer Protection Act

 Spring Meadows Hospital & Anr v Harjol Ahluwalia

This appeal was filed before the Supreme Court by a hospital defending the negligence of its nurses and a doctor which resulted in a minor being in a permanent vegetative state Subsequent to a brain hemorrhage. The issues Love revolved around whether the parents of the child, not being the patient themselves, can ask for compensation for mental agony caused to them. The court held that the definition of services in the CPA is wide enough to include both the parents who pay for the Services and the child who is the beneficiary of the services. The National Commission was found correct in its approach as it granted compensation to the child for the cast of equipment's and recurring expenses that he would have to bear owing to his vegetative state, whereas the compensation provided to the parents was for the agony caused and the lifetime care that the parents would have to provide.

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CASE STUDY-6

Imposition of penalty for frivolous Consumer claims 

Sapient Corporation Employees Provident Fund Trust v HDFC & Ors.

In a complaint against HDFC for debiting money without the permission of the holder, the National Commission noted that payment was done in compliances with the order of a statutory authority and only after giving the complainant due notice of the same. The Commission Stated that there is a need to guard against the possibility of frivolous Complaints from being filed due to the absence of any court fees. For this reason, holding that the complaint lacked seriousness and was filed without sufficient grounds, the Commission imposed a fire of "twenty-five thousand on the complainant under section 26 of the Act.

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CERTIFICATION MARKS IN INDIA

India has a comprehensive system of product certifications governed by laws made by the Parliament of India at various times. These certifications are managed by various agencies, and hold various statuses before the law. Some of these marks are mandatory for such products to be manufactured or to be placed in the Indian market while some of the marks hold only an advisory Status. All the industrial Standardization and industrial product certifications are governed by the Bureau of Indian Standards, the national Standards organization of India, while standards for other areas (like agricultural products) are developed and managed by other governmental agencies.  

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CERTIFICATION  MARKS

The State enforced certification marks presently India are:

■AGMARK

 Agmark is a certification mark employed on agricultural products in India, assuring that they conform to a set of standards approved by the Directorate of Marketing and inspection.

■BIS HALLMARK

BIS hall mark certifies the purity of gold jewellery.

■151 MARK

for industrial product Certifies that a product Confirms to a set of standards laid by the Bureau of Indian Standards.

■ECOMARK 

Ecomark is an ecolabel for various products issued by the Bureau of Indian Standards, Voluntary and promotional .

■FPO MARK

 A mandatory mark for all processed fruit products in India. Certifies that the product was manufactured in a hygenic food-Safe" environment.

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GEOGRAPHICAL INDICATIONS MARKS 

 It defines under the WTO Agreement on Trade-Related Aspects of intellectual Property Rights (TRIPs), have been in force 2005. Examples, include the Darjeeling tea and Basmati mark.

 INDIA ORGANIC

 Certification mark for organically formed food products. Certifies that the product conforms to the specifications of National Standards for Organic Products, 2000 and any eventual amendments. The certification is issued by testing centers accredited by the Agricultural and Processed Food Products Export Development Authority (APEDA) under the National Program for Organic Production of the Government of India.

FSSAI 

for all food products. The ESSAI has been established under the Food Safety and standards Act, 2006 which is a consolidating statute related to food safety .

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CONCLUSION 

To conclude, I feel that Consumers are now the King. A consumer have several rights and duties and carry authority to complain whatever is going wrong. Initially Consumers were exploited and they could not ask for justice. The consumers were generally not aware of their rights and "duties. This allows, the producers to cheat the consumers and gain profit. Now, the government is doing it's best to empower consumers through various measures like Consumer courts, Security value etc. Consumers Should have Knowledge about certified products, Check MRP, date of manufacturing, and expiry at the time of purchase of a commodity. They must have awareness about their rights and duties. There is no doubt that consumer awareness is quite more in the present time and has helped a lot in bringing the transformation.

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BIBLOGRAPHY 

1. Contemporary India, A Social Science Textbook for Class X, NCERT, New Delhi, 2003.

2. http://chdconsumercourt.gov.in/consumerprotection act

3.youtube channel " nty zone "  

4. https://www.consumer-voice.org/real-estate/damage for-duping-consumers-by-builders!

5. https://en.m.wikipedia.org/wiki/

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