What Consumer Rights are Guaranteed in India?

Consumer rights are pivotal in ensuring that individuals are treated fairly in the marketplace. In India, the Consumer Protection Act, 2019, a significant upgrade from the previous 1986 Act, guarantees certain rights to consumers, thereby empowering them to stand against any unfair trade practices or exploitation. 

Who is a Consumer?

Before discussing consumer rights, it is essential to understand who qualifies as a consumer under the Consumer Protection Act, 2019. According to the Act, a consumer is any person who buys goods or avails of services for a consideration, which has been paid, promised or partially paid and partly promised. The consideration may also be under any deferred payment scheme, but it does not include a person who obtains goods for resale or any commercial purpose. However, a person who avails of services or goods for self-employment is considered a consumer.

This definition is important because it sets the boundaries within which the rights and protections of the Consumer Protection Act can be invoked. If someone falls under the category of a consumer as defined by the Act, they are entitled to exercise the rights provided therein.

Why is it Important to Know Your Consumer Rights?

In a rapidly growing market economy like India, consumers often face challenges such as misleading advertisements, substandard products and deficient services. Knowing your rights as a consumer is the first step toward protecting yourself from such exploitation. Awareness of consumer rights helps in recognising when those rights are violated and provides the necessary tools to seek redressal. Without this knowledge, consumers may fall victim to unfair practices without knowing that they have legal avenues to challenge them.

Moreover, consumer rights are not just about protection; they also empower individuals to make informed decisions, ensuring that the market operates efficiently and fairly. By being aware of these rights, consumers contribute to a more accountable and transparent marketplace.

Consumer Rights Guaranteed under the Consumer Protection Act, 2019

The Consumer Protection Act, 2019, guarantees the following six fundamental rights to consumers:

1. Right to Safety
2. Right to be Informed
3. Right to Choose
4. Right to be Heard
5. Right to Seek Redressal
6. Right to Consumer Awareness

Let’s explore each of these rights in detail.

1. Right to Safety

The Right to Safety is one of the most critical rights guaranteed to consumers. It ensures that consumers are protected against the marketing of goods and services that are hazardous to life and property. This right particularly pertains to sectors like healthcare, pharmaceuticals, automobiles and food. For example, if a consumer buys a product that is defective and causes harm, they have the right to seek compensation for any injuries or damages incurred.

Under this right, manufacturers and service providers are obligated to adhere to safety standards. They must ensure that their products or services do not pose any danger to consumers. The right to safety also extends to the consumer’s right to receive information about the risks involved in using a product or service.

2. Right to be Informed

The Right to be Informed ensures that consumers have access to complete and accurate information about products and services before making a purchase. This right aims to protect consumers from fraudulent or misleading advertising. It is the responsibility of the seller to provide all relevant information, including the quality, quantity, potency, purity, standard and price of goods or services.

For instance, when buying a medicine, the consumer has the right to know about its side effects, dosage and expiry date. If any critical information is withheld, the consumer has the right to take legal action. This right empowers consumers to make informed choices and helps prevent them from being misled by false claims.

3. Right to Choose

The Right to Choose provides consumers with the freedom to select from a variety of products and services at competitive prices. It ensures that consumers are not forced to buy a particular product or service. This right is especially relevant in markets where monopolies or unfair trade practices might limit consumer choice.

For example, if a consumer is offered a package deal where they must purchase additional unwanted products or services, they have the right to refuse and choose only what they need. The right to choose is fundamental to consumer sovereignty and ensures that markets remain competitive.

4. Right to be Heard

The Right to be Heard ensures that consumers have the opportunity to voice their complaints and concerns regarding products and services. This right guarantees that consumer grievances will be heard and addressed by the appropriate authorities, such as consumer courts or forums.

The establishment of consumer forums and regulatory bodies under the Consumer Protection Act, 2019, is a direct outcome of this right. Consumers can file complaints about defective products, deficient services, unfair trade practices and other grievances. The right to be heard ensures that consumers have a platform to raise their issues and seek redressal.

5. Right to Seek Redressal

The Right to Seek Redressal provides consumers with the legal means to address grievances against unfair trade practices, defective goods or deficient services. Under this right, consumers can seek compensation, replacement or repair for the harm or loss suffered due to substandard products or services.

The Consumer Protection Act, 2019, has established consumer dispute redressal agencies at the district, state and national levels to handle consumer complaints. These agencies are empowered to order refunds, replacements or compensations as deemed appropriate. This right ensures that consumers are not left helpless in the face of exploitation and have a clear pathway to justice.

6. Right to Consumer Awareness

The Right to Consumer Awareness is perhaps the most empowering right of all. It ensures that consumers are made aware of their rights and responsibilities in the marketplace. This right places a duty on the government, as well as consumer organisations, to educate consumers about their rights, how to exercise them and the redressal mechanisms available to them.

Consumer awareness campaigns, educational programs and the inclusion of consumer rights in educational curricula are some of the ways through which this right is implemented. An informed consumer is an empowered consumer, capable of making decisions that protect their interests.

Conclusion on Consumer Rights

The Consumer Protection Act, 2019, is a comprehensive legal framework that provides robust protections to consumers in India. The six rights guaranteed under the Act—Right to Safety, Right to be Informed, Right to Choose, Right to be Heard, Right to Seek Redressal and Right to Consumer Awareness—form the cornerstone of consumer protection.

Understanding and exercising these rights is important for consumers to safeguard their interests in a complex and often exploitative marketplace. With the establishment of consumer dispute redressal agencies and increased consumer awareness, the Act empowers consumers to challenge unfair practices and demand accountability.