RIGHTS OF CONSUMERS AND OUTLINE OF THE ROLE OF REDRESSAL AGENCIES FROM GRASSROOTS TO APEX LEVELS

Prepared by: Aditya Sedani Parth Majmudar Vandit Patel

Introduction to Consumers rights:

Every person, by one or the other, is a consumer. In India, being the second largest population in the world, any issue regarding to the consumer affects the most. Consumers have to be aware of their rights. This is possible through the way of consumerism, by understanding range of work by government, independent agencies working for the protection of the government. RIGHTS OF CONSUMERS: Right to protection form hazardous good and services Right to be informed about quality and performance of goods Right to free choice of goods and services Right to be heard in decision making process in issue relating to consumer protection Right to redressal if consumer rights are infringed Right to consumer education

REDRESSAL AGENCIES: These are the independent agencies formed by Indian government to guard the consumer against the unfair trade practice. Consumer Protection Act, 1986 described the following agencies: District Forum established by the state government under the notification, where in disputes up to Rs. 5 lakh is covered. State Forum established by the state government, where in disputes up to Rs. 20 lakh is covered.

National consumer dispute commission established by the central government, where in disputes exceed 20 lakh is covered.

Role of redressal agencies: Upon finding unfair trade practices of any company, following steps are supposed to be taken by redressal agencies: To remove the defects pointed by Laboratory. To replace goods with new goods free of defect. To return the price of goods or change of services paid by complainant. Compensation for loss or inquiry suffered by consumer due to negligence of opposite party. To remove defects in goods or deficiencies in the services question. To discontinue the unfair trade practices or the restrictive trade practices or not to repeat them. Not to offer hazardous goods for sale. To withdraw hazardous goods from being offered to sale. To seize manufacture of hazardous goods and to desist from offering services which are hazardous in nature.

Penalties : In several cases companies do not follow the verdict of the court. In such cases they are penalized on the following basis: Where the person against whom a complaint is made fails to obey the orders, he shall be punishable with imprisonment for a term of not less than one month which can be extended to three years or with fine of not less than two thousand rupees which may extend to the thousand rupees or with both. The District forum, State or National Commission shall have the powers of Judicial Magistrate of first class for the trial of offences under this Act for the purpose of the code of Criminal procedure.

Cases: Mr. Shankarlal L. Sachdev filed complaint against the Skoda auto pvt.ltd. The problem was deficiency in service and validity. District forum ordered to pay Rs. 12,57,650/as a part of penalty. Mr. T.Balaji Prasad complaint against Indigo airlines, as the luggage was lost while travelling to ahmedabad from Chennai. The airline returned him his luggage at Jamnagar bus stand at 3:00 a.m. Here though the luggage was returned but the mental harassment suffered by the consumer is taken into consideration.

Implementation of consumer act: So far as Consumer Protection Act is concern there is no doubt in pendency of cases as far as data collected up to Dec. 31st 2010 position is as under:

Particulars Complaints Pending (I) (as on 1.1.2005) Appeal Filed(1.1.2005 to 31.12.2010) (II) Total Pending Complaints (I+II) (A) Complaints Disposed (B) Complaints pending off (C) % of disposed off (B/A)

Amount 10347

13511

23858

9996 13862 41.90

FINDINGS OF THE STUDY: Table 1 reveals that looking at the no. of complaints registered in the mentioned period the consumers are more aware of their rights. On the other hand looking at the figure of complaints disposed it is not satisfactory which shows ineffective functioning of State Commission and due to this %age of disposed off is also unsatisfactory. Some of the factors responsible for it are as under: Lack of facilities. Lack of Staff. Delay in appointment of Authority established. Delayed tactics.

SUGGESTIONS: The government should take necessary steps to improve the functioning of redressal agencies for quick settlement of complaints by making them available with all necessary amenities such as infrastructure and staff facilities. It should also take necessary steps to avoid delayed tactics. In addition to the above the government should also carry out some consumer awareness campaigns and programs to improve general awareness of consumers of India.

CONCLUSION: From the above the redressal agencies under the Consumer Protection Act 1986 clearly pamsroves that the act has played a key role by its implementation that the interests of consumers are better protected than ever before which is seen clearly from tabular column. Consumer activities and associations are also equally needed to make consumer protection movements a success in the country. There should be more awareness, education, understanding, realization of the rights and privileges on the part of the consumers.