consumer rights indian case study

Top 10 Case Study on Consumer Rights

We know consumer laws and courts exist, but only by reading through some case law can you understand how you as a consumer can exercise your rights!

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On an everyday basis, we purchase products and services. From our basic necessities like food and clothing to services like banking and education, we are dependent on companies and organisations to live comfortably in the present day, and we give them our hard-earned money in return. But sometimes, companies might fail to provide quality services or products. Many know there exist consumer courts and laws that protect consumers from consumer exploitation . But have you ever wondered who goes to these courts and what types of cases are filed? You would be surprised to know how basic these cases can be. So, here are 10 interesting case study on consumer rights curated for you.

Top 10 Case Studies on Consumer Rights

1. banks can’t always escape using ‘technical difficulties’.

We have come to rely on banks so much. A recent case study on consumer rights highlighted the need for stronger regulations. More than ever, most of our transactions are digital and heavily reliant on banks for these. Have you ever had your transaction fail due to the server being down or other errors?

Dipika Pallikal, a squash champion and Arjuna awardee found herself in an awkward situation when she used her Axis Bank Debit Card in a hotel at Netherlands’ Rotterdam failed. She had had 10 times the bill amount in her account at that time. Due to this, she faced a loss of reputation and humiliation. The bank said the incident was a case of ‘ Force Majeure’ (an act of god/ something beyond control)

Apart from that, the bank had also returned a cheque of ₹1 lakh issued to her by the government of India and blamed it on a technical error.

Dipika moved the consumer court in Chennai against Axis Bank

Court Decision

The court found that there was a deficiency of service on the part of Axis Bank and directed the bank to pay a compensation of ₹5 lakh and ₹5000 as expenses.

Key Takeaway

Banks are like any other service provider. We trust them with our money and they must perform the services we were promised. They cannot hide behind ‘technical difficulties’ or ‘ force majeure ’ and let customers suffer for it.

2. You Don’t Have to Be a Celebrity to Win a Consumer Case

A humble tea vendor, Rajesh Sakre, is an example of this. He had ₹20,000 in his State Bank of India account and had withdrawn ₹10,800. On his next visit to the ATM, however, he realized all his money was gone. When he asked the bank authorities they blamed it on him. 

So, he went to the District Consumer Disputes Redressal Forum with his grievance. He couldn’t afford a lawyer and he argued the case himself. This case study on consumer awareness presents insights into how consumers are becoming more vigilant.

The forum ruled in his favor and ordered the State Bank of India to return the ₹9,200 with 6% interest, pay ₹10,000 as compensation for mental anguish caused by the issue, and ₹2,000 for legal expenses.

It doesn’t matter who you are, as long as you have a valid case you can approach the Consumer Cases Forum. And even big companies and government entities like the State Bank of India can be made to answer for their mistakes.

3. Not All Free Items Are Welcome

Imagine you bought a bottle of Pepsi and found a packet of gutka floating in it! It happened to Rajesh Rajan from Ahmedabad when he bought Pepsi from a local store. He sent a legal notice to the company immediately and approached a Consumer Cases Dispute Redressal Forum. Every case study on consumer complaints tells a unique story of a consumer’s journey towards justice.

Moreover, he claimed that there was a deficiency in service that could have caused a health hazard to him. He demanded compensation of ₹5 lakh for the same.

The consumer forum passed an order in favor of Rajesh Rajan and directed the company to pay a total of ₹4008 (₹4000 for compensation and ₹8 for the Pepsi he purchased).

Rajesh moved the State Consumer Dispute Redressal Commission, asking for higher compensation as ₹4008 was too low and he had spent ₹500 on sample testing itself. The State Commission passed an order asking the company to pay ₹20,000 as compensation and ₹2000 towards costs as it found Rajesh’s argument reasonable.

Free items are not all welcome! It is a deficiency in service on the part of the provider if you find anything in your food (packaged or otherwise) that isn’t supposed to be there. The Consumer Cases Forums are a good place to take them.

4. Paying More Than the MRP? You Shouldn’t.

It has become common to charge more than the maximum retail price (MRP) for packaged goods. Especially in places like theatres, food courts, railway stations, etc, we see this happen a lot and mostly ignore it. Among the prominent consumer cases last year, the MRP case stood out for its complexity

Mr Kondaiah from Andhra Pradesh, on the other hand, didn’t ignore it when he noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was ₹20. He filed a case against them in the District Consumer cases Disputes Redressal Forum for ‘unfair trade practice’. He supported his claim by producing the bill. The MRP case study on consumer rights brought to light some gaps in the existing regulations.

The court decided in favour of Mr Kondaiah and said that a practice is not justified just because it is widely common. Mr Kondaiah was awarded a compensation of ₹20,000, ₹20 (the extra money charged) and ₹5,000 in costs. 

No authority has the power to charge above the MRP for any packaged goods. It doesn’t matter where it is sold, you are not required to pay a rupee above the MRP.

5. No MRP at All on the Product?

Baglekar Akash Kumar, a 19-year-old got a book and ₹12,500 because of the book. How? He purchased the book online and when it was delivered, he noticed that there was no MRP mentioned in it. He browsed the internet and saw that the book was sold at different prices in different places.

So, he went to the consumer cases forum and filed a case against Penguin Books India Pvt. Ltd and the paper company.

The court held that not publishing MRP on the product without a valid reason is an ‘unfair trade practice’. MRP exists to ensure that a consumer is not overcharged for the product. So, it is mandatory for companies to print MRP.

The publishers were asked to print the retail price of the book and Akash was awarded ₹10,000 as compensation and ₹2,500 as costs.

It is required under law for companies to put MRP on every product. If you see a product without MRP, then it is a violation of Consumer Cases Protection Laws and you can take them to court. 

6. Medical Services Fall Within the Scope of the CPA

Do medical services fall under CPA? When there was a little confusion in this regard, the Indian Medical Association (IMA) decided to get this question resolved once and for all. The CPA case study on consumer rights brought to light some gaps in the existing regulations. The Medical Services case study on consumer complaints became a landmark case in consumer rights advocacy.

IMA approached the Supreme Court, asking them to declare that medical services are out of the scope of the CPA. They gave the following arguments to support their claim:

• Medical professionals are governed by their own code of ethics made by the Medical Council of India. 
• In the medical profession, it is hard to guarantee the end result of treatments. Many external factors which are out of the control of the professional can impact the outcome. So, allowing consumer claims will cause people to file a case whenever a treatment doesn’t work out.
• There are no medical science experts in the consumer complaints online.
• Medical service provided by government hospitals will not fall under the Act especially when the service is provided for free. 

These were decent points. After consideration, the court settled the claims in the following manner.

Medical services provided by any professional (private or government) will be covered by CPA. This means  people can file a case in a Consumer Court if the service provided is not in confirmation with the Act.

• Doctors and hospitals who treat patients for free cannot be sued by a person who availed their services for free. 
• In a government hospital, where services are provided free of charge – the Consumer Protection Act India would not apply.

Apart from these two exceptions, the Act will apply when a person gets treated in government hospitals for free, when a poor person gets treated for free, and when insurance money is used for treatment.

7. Tired of the False Claims Made by Skin and Hair Care Products Yet?

Maybe you are not tired yet or you are too tired to question. However, a 67-year-old man from Kerala’s remotest areas was tired of these consistent lies and how companies got away with them.

In 2015, K Chaathu complained against Indulekha (beauty product manufacturers) and Mammootty (an actor who was the brand ambassador of the company) for putting up misleading ads. The tagline of the soap was ‘soundaryam ningale thedi varum’ which meant ‘beauty will come in search of you. The ads also claimed that people using the soap would become ‘fair’ and ‘beautiful’ but the 67-year-old didn’t become fair or beautiful.

Funny, right?

Compensation Paid

Indulekha paid him ₹30,000 in an out of court settlement while the initial claim of Chaathu was ₹50,000. When he was asked about this, he said that this case was never about the money but about how these companies put up advertisements every day with false claims. And it is not okay to let these people get away with it.

Key Takeaways

Advertisements are made to sell the products, so exaggeration of results is too common. But this doesn’t make it okay to make false claims just for the sake of selling the products. Making false claims in violation of the CTA.

8. Homebuyers Are Consumers

Imagine you decide to buy a house (a dream come true for many). You do a lot of research, pool your hard-earned money, and pay a real estate developer to build the house for you. They promise to deliver within 42 months but 4 years later they haven’t even started construction. 

This is what happened to two people and they decided to move the National Consumer Disputes Redressal Commission (NCDRC) for it. The Homebuyer’s case study on consumer rights was instrumental in changing local regulations.

NCDRC decided in favour of the homebuyers and asked the real estate developer to refund the money with a simple interest of 9% per annum. They were also awarded a compensation of ₹50,000 each.

The real estate developer challenged this in the Supreme Court, saying that the issue is covered under another Act (Real Estate (Regulation and Development) Act) and therefore cannot be taken in a consumer court. But the Supreme Court denied their argument saying that as long as the other Act explicitly stops people from getting remedy under other laws, they will be allowed to do so.

Our laws are in such a way that even though there are other remedies available, in most cases where you are a buyer of a product or a service, you will have protection under the Consumer Protection Act. 

9. Insurance Claims Cannot be Rejected on Mere Technicalities

We pay the premium and get insurance to protect us from losses we can’t foresee. Sadly, many people have had bad experiences with the insurance company. Om Prakash, for example, had his truck stolen and claimed insurance for the same. The truck was stolen on 23.03.2010, the FIR was filed on 24.03.2010, and the insurance claim was filed on 31.03.2010. 

The insurance investigator was sent and he confirmed that the claim was genuine. The claim was approved for the amount of ₹7,85,000/-. But the amount was never given to Om Prakash. With the rise in consumer court cases , companies are now more cautious about their policies and practices. When he sent the insurance company a legal notice for the same, they replied saying that there was a breach of terms and conditions: 

“immediate information to the Insurer about the loss/theft of the vehicle”

Om Prakash was late to apply for insurance because he was held up by the police to try and recover his vehicle.

While the consumer courts didn’t allow his case, the Supreme Court allowed his appeal and held in favour of him. It was ruled that insurance companies cannot escape from paying the claimants on technical grounds. Especially when the claimant has valid reasons for it.

The Court directed the Respondent company to pay a sum of ₹8,35,000/- to the Appellant along with interest @ 8% per annum. He was also awarded ₹50,000 as compensation.

Over the years, many judgments have been made to ensure that insurance companies are accountable and do not escape from paying valid claims. If you experience a similar situation with your insurance provided, you can approach the consumer court.  

10. iPhone 5S Gold for ₹68 + ₹10,000

Let’s close the list with a fun one! How would it be to get an iPhone at just ₹68? In 2014, Nikhil Bansal (a student) saw this unbelievable offer on Snapdeal (a discount of ₹46,651) and ordered it immediately as any sane person would. He received an order confirmation but later he was told that the order was canceled. They claimed that the offer itself was a technical glitch. “The iPhone case study on consumer complaint showcased the challenges consumers face even in today’s digital age.

When he approached the e-commerce consumer complaints India Forum, he claimed that these kinds of offers were misleading people and it was the duty of Snapdeal to honour the order. The forum ruled in his favor and asked Snapdeal to deliver him the iPhone for ₹68 and asked him to pay a compensation of ₹2,000.

When Snapdeal appealed this order, the compensation was raised to ₹10,000! 

Key Takeaway – Case Study on Consumer Rights

E-commerce stores are just as answerable as any other shop owner under the Consumer Protection Act. So if you face any issues like this with them, consider taking it to the consumer court. Through each case study on consumer rights, we can learn more about our rights and responsibilities

Consumer forums exist to protect consumers from consumer exploitation and ensure that we are not cheated by the companies we pay for getting products or services. Knowing your rights is the first step towards becoming a conscious consumer. 

Don’t hesitate to approach the consumer court if you have a valid claim of consumer exploitation . Even if it is for an ₹ 8 product like Pepsi, a valid claim should be taken to the forum.

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Upholding Consumer Rights in India: Complicated, Uncomplicated or In-between? 

On World Consumer Right Day we delve into three case studies to understand the workings of consumer rights and redressal in India.

Every year on march 15th, the world celebrates world consumer rights day, a day dedicated to raising awareness about consumer rights and advocating for fair practices in the marketplace. in india, this day holds significant importance as it serves as a reminder of the essential rights bestowed upon every consumer and the ongoing efforts to protect and uphold these rights., the essence of world consumer day, world consumer rights day traces its origins back to march 15, 1962, when president john f. kennedy first addressed the issue of consumer rights. since then, this day has been observed globally to emphasise the importance of consumer protection and welfare., in india, where a diverse population engages in various economic activities, the significance of world consumer day cannot be overstated. it serves as a platform to educate consumers about their rights, promote responsible consumption, and highlight the need for fair trade practices., consumer rights in india, consumer rights in india are safeguarded by the consumer protection act, 2019, which replaced the earlier consumer protection act of 1986. these rights include:, right to safety: consumers have the right to be protected against the marketing of goods and services that are hazardous to health or life., right to information: consumers have the right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services., right to choose: consumers have the right to choose from a variety of goods and services at competitive prices., right to be heard: consumers have the right to be heard and to seek redressal for grievances regarding the purchase of goods or services., right to redressal: consumers have the right to seek redressal against unfair trade practices or restrictive trade practices., right to consumer education: consumers have the right to be educated about their rights and responsibilities as consumers., consumer protection mechanisms in india, the consumer protection act, 2019, strengthened the legal framework for consumer protection in india. it established the central consumer protection authority (ccpa) to promote, protect, and enforce consumer rights. the act also introduced the concept of product liability, holding manufacturers, sellers, and service providers accountable for defective products or deficient services., in addition to legislative measures, consumer forums at the district, state, and national levels provide a platform for consumers to seek redressal for their grievances. these forums offer a speedy and cost-effective mechanism for resolving consumer disputes., let’s understand the essence of consumer rights in india through three compelling case studies., case study 1: bournvita vs revant himatsingka, influencer revant himatsingka also known as foodpharmer took to social media to highlight the high sugar content in health drink bournvita. explained through the brand’s tagline, “tayyari jeet ki” (preparation for victory) positioned in the children’s health drink category, ironically has extremely high sugar content. on which the influencer suggested a more apt tagline change to, “tayyari diabetes ki” (preparation for diabetes). this sparked many reactions by netizens and soon the video became viral. the brand got the influencer to take down the video, eventually suspending the account as well. but a group of 8 doctors and nutritionists did further research and validated the influencers claims. mondelez international, the parent company of bournvita dismissed the claims as “unscientific”., finally the indian government’s national commission for protection of child right (ncpcr) intervened and asked bournvita to withdraw their misleading ads or serve fines. this fiasco led bournvita to reduce the sugar content by 14.4 percent. the bournvita controversy is a prime example of consumers “right to safety” where they have the right to be protected against the marketing of goods and services that are hazardous to health or life., case study 2: state bank of india vs rajesh sakre, tea vendor rajesh sakre had rs. 20,000 in his state bank of india account and had withdrawn rs.10,800. but on his next visit to the atm he realised that all his money was gone. on asking the bank authorities, he received no satisfactory answer and got blamed instead. then he went to the district consumer disputes redressal forum (dcdrf) and since he couldn’t afford a lawyer he argued the case himself., the court ruled in his favour and ordered state bank of india to return the rs. 9,200 with 6% interest, rs. 10,000 as compensation for mental anguish caused by the issue and rs. 2,000 for legal expenses. this case showcases a consumer’s “right to redressal” where they have the right to seek redressal against unfair trade practices or restrictive trade practices., case study 3: pepsi vs rajesh rajan, ahmedabad’s rajesh rajan bought the famous aerated drink pepsi from a local store and found a packet of gutka (tobacco) floating in it. he sent a legal notice to the company immediately and approached a state consumers dispute redressal forum (cdrf) claiming that there was a deficiency in service that could have caused a health hazard to him. he demanded compensation of ₹5 lakh for the same., the consumer forum passed an order in favour of rajesh, asking the company to pay rs. 4000 for compensation and rs. 8 for the pepsi he purchased. he moved the state cdrf and asked for a higher compensation stating that rs. 4008 was too low as he had spent rs. 500 for sample testing itself. finally the commission passed an order asking pepsi to pay rs. 20,000 as compensation and rs. 2000 towards cost, finding rajesh’s argument reasonable., complicated, uncomplicated or in-between, to answer the question stated at the beginning, it is complicated to seek redressal for consumer rights in india, since there are many government bodies involved in the ruling of a case. but it is also less complicated since sometimes even taking up to social media can grab the attention of the government and the concerned company. consumer rights in india are an in-between process depending on the perseverance of the consumer. having said that, the growing misleading ads in the country are definitely amounting to stronger actions from individuals and autonomous bodies alike., on world consumer rights day, let us reaffirm our commitment to protecting and promoting consumer rights in india. by empowering consumers with knowledge, advocating for fair trade practices, and fostering a culture of accountability, we can create a marketplace that is transparent, inclusive, and conducive to the welfare of all stakeholders. through these case studies, we witness the tangible impact of consumer rights in india striving towards a marketplace where consumer rights are respected, upheld, and celebrated., related articles more from author.

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Hon'ble Mr. Justice Amreshwar Pratap Sahi

     The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The commission is headed by a sitting or retired judge of the Supreme Court of India.The commission is presently headed by Justice R K Agrawal, former judge of the Supreme Court of India.     Section 21 of Consumer Protection Act, 1986 posits that the National Commission shall have jurisdiction:- to entertain a complaint valued more than two crore and also have Appellate and Revisional jurisdiction from the orders of State Commissions or the District fora as the case may be.       Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC,  may prefer an Appeal against such order to Supreme Court of India within a period of 30 days.

     The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The Commission is headed by a sitting or a retired Judge of the Hon'ble Supreme Court of India or a sitting or a retired Chief Justice of an Hon'ble High Court, in terms of Rule 3(12)(a) of the Tribunal(Conditions of Service) Rules, 2021. The Commission is presently headed by Hon'ble Mr. Justice Amreshwar Pratap Sahi, former Chief Justice of Patna and Madras High Courts.     Section 21 of Consumer Protection Act, 1986 posits that the National Commission shall have jurisdiction:- to entertain a complaint valued more than two crore and also have Appellate and Revisional jurisdiction from the orders of State Commissions or the District fora as the case may be.       Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC,  may prefer an Appeal against such order to Supreme Court of India within a period of 30 days.

     The Consumer Protection Act, 2019 (In short,‘The Act’) is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumers. The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances. By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (‘Buyer Beware’) a thing of the past.     The Act mandates establishment of Consumer Protection Councils at the Centre as well as in each State and District, with a view to promoting consumer awareness.The Central Council is headed by Minister In-charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs...  Read More

    The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002.The Act applies to all States and Union Territories of India except Jammu & Kashmir. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions...  Read More

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Protection of Consumer Rights in E-Commerce in India

• First Online: 02 March 2021

Cite this chapter

• Richa Gupta 4  

Part of the book series: India Studies in Business and Economics ((ISBE))

183 Accesses

The e-commerce and consumer Internet industries in India registered phenomenal growth rates with their shares in retail, grocery delivery and food technology palpable enough even in tier II and III cities. However, the space ceded from traditional businesses to online commerce has policy implications for consumer trust and confidence—one of the foundations in a market economy. A legal solution to this problem is found in the concept and device of consumer rights so that factors such as information asymmetry, collusion between manufacturers and retailers, fraud, cheating and unfair trade practices do not disadvantage consumers vis-à-vis sellers or become a hindrance in the expansion of businesses. First, a brief overview of the architecture for the protection of consumer rights in e-commerce in India is provided. This includes the Consumer Protection Act 1986 and 2019. The second part of the article looks thoroughly at various consumer cases filed in the e-commerce category at district, state and national consumer forums in India to answer certain pertinent questions in this field which may benefit much from the attention of policymakers and researchers alike. This includes, first, what are some of the biggest consumer issues of concern and frequency in e-commerce in India? Second is the current three-tier framework of consumer courts, at the national, state and district levels, sufficient to address the growing volume of consumer complaints in this area? Third, do consumer courts have adequate capacity to deal with questions involving consumer interests in a field that requires technological knowledge apart from legal know-how? Last, alternatives and policy suggestions are given to strengthen consumer protection to ensure twin goals of swiftness and fairness of decisions on consumer complaints and cases in e-commerce in the country.

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E-Commerce and Consumer Protection in India: The Emerging Trend

Consumer Protection in e-Commerce and Online Services

Research on Rights Protection of Consumer and Interests in E-Commerce-Taking Functional Department and Industry Association

Complaints against e-commerce companies top list at national consumer helpline . https://economictimes.indiatimes.com/news/politics-and-nation/complaints-against-e-commerce-companies-top-list-at-national-consumer-helpline/articleshow/58786034.cms (Accessed 19 April 2020).

NCH is a joint initiative of the Consumer Affairs Department and Indian Institute of Public Administration (IIPA), which receives about 3.5 lakh grievances annually. Since September 2016, the e-commerce sector tops in consumer complaints. https://economictimes.indiatimes.com/news/politics-and-nation/complaints-against-e-commerce-companies-top-list-at-national-consumer-helpline/articleshow/58786034.cms (Accessed 19 April 2020).

45% annual growth over the financial year 2017–2020 as per a report by domestic brokerage firm Kotak Institutional equities . https://www.business-standard.com/article/economy-policy/indian-e-commerce-market-could-reach-28-bn-by-fy2020-report-116090900611_1.html (Accessed 13 July 2017).

Complaints against e-commerce companies top list at national consumer helpline . https://economictimes.indiatimes.com/news/politics-and-nation/complaints-against-e-commerce-companies-top-list-at-national-consumer-helpline/articleshow/58786034.cms (Accessed 12 July 2017).

Consumer Protection Act, 2019 (No. 35 of 2019). It came into force on 20 July 2020 and replaced the Consumer Protection Act, 1986 by way of repealment.

The Consumer Protection (General) Rules, 2020; The Consumer Protection (Central Consumer Protection Council) Rules, 2020; The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020; The Consumer Protection (Mediation) Rules, 2020; The Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020; The Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020; and lastly The Consumer Protection (E-Commerce) Rules, 2020. Most important are Consumer Protection (General) Rules, 2020 and Consumer Protection (E-Commerce) Rules, 2020. All except the last rule came into force on 20 July 2020 and the E-commerce Commerce Consumer Rules became enforced from 23 July 2020.

Protection against unfair contracts . https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1657006 (Accessed 29 December 2020).

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Bill No. 373 of 2019.

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry is working upon a second draft of the National e-commerce Policy. The first draft of the National e-Commerce Policy which came out on 23 February 2019 invited much attention domestically as well as globally due to ‘data localisation’ norms.

Govt: E-commerce policy in ‘final stages’ of drafting; retail trade policy to benefit 65 m small traders . https://www.financialexpress.com/industry/sme/govt-e-commerce-policy-in-final-stages-of-drafting-retail-trade-policy-to-benefit-65m-small-traders/2115990/ (Accessed 29 December 2020).

Flipkart , Amazon off the hook: No e-commerce policy for now, govt plans a set of tightened rules . https://factordaily.com/amazon-flipkart-off-the-hook-no-ecommerce-policy-for-now/ (Accessed 17 July 2018).

There are two business models of e-commerce: ‘Market Place’ model and ‘Inventory-Based’ model. Discussion Paper on E-commerce in India (2013–14) also discusses the same. https://dipp.gov.in/sites/default/files/Discussion_paper_ecommerce_07012014%20%20%2013.pdf (Accessed 17 July 2017).

Foreign Direct Investment (FDI) on E-commerce. Press Note No 3 (2016), Department of Industrial Policy and Promotion. https://dipp.gov.in/sites/default/files/pn3_2016_0.pdf (Accessed 17 July 2017).

Draft e-Commerce Policy . https://pib.gov.in/Pressreleaseshare.aspx?PRID=1575760 (Accessed 29 December 2020), E-Commerce Business Model https://pib.gov.in/PressReleasePage.aspx?PRID=1595850 (Accessed 30 December 2020).

Consolidated FDI Policy circular, pages 49–50. https://dipp.gov.in/sites/default/files/FDI-PolicyCircular-2020-29October2020_0.pdf (Accessed 30 December 2020).

Who Owns Cloudtail India and Appario Retail, Amazon’s Largest Sellers? https://odishabytes.com/who-owns-cloudtail-india-appario-retail-amazons-largest-sellers/ (Accessed 27 December 2020).

Review of policy on Foreign Direct Investment (FDI) in e-commerce. https://pib.gov.in/PressReleasePage.aspx?PRID=1557380#:~:text=Such%20an%20ownership%20or%20control,entity%20or%20its%20group%20companies (Accessed 30 December 2020).

Committee to Review E -Commerce Rules consisting of representatives from Department of Industrial Policy and Promotion, Department of Economic Affairs, Department of Electronics and Information Technology, Department of Consumer Affairs and certain State Governments, namely Assam, Karnataka, Madhya Pradesh, Maharashtra, Odisha and Punjab.

Govt Sets Up A Panel Of Secretaries To Look Into Draft Ecommerce Policy . https://inc42.com/buzz/govt-sets-up-a-panel-of-secretaries-to-look-into-draft-ecommerce-policy/ (Accessed 17 July 2018).

Draft e-commerce policy : DPIIT to work on inter-ministerial inputs . https://www.thehindubusinessline.com/economy/policy/draft-e-commerce-policy-dpiit-to-work-on-inter-ministerial-inputs/article32498194.ece (Accessed December 2020).

For instance, the CCI in 2018 ruled that Flipkart and Amazon did not enjoy a ‘dominant position’ in the online marketplace and were not in contravention of Section 4 of the Act. https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/flipkart-amazon-not-dominant-hence-not-in-contravention-of-competition-act-cci/articleshow/66534244.cms?from=mdr (Accessed 24 March 2020). However, the CCI ordered an investigation against unfair trade practices of Amazon and Flipkart in 2020 under Section 26 of Act, which was stayed by the Karnataka High Court and counter petitions have been filed by both parties as of February 2020. https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/ktaka-hc-stays-cci-probe-order-against-amazon-flipkart/articleshow/74135156.cms?from=mdr (Accessed 24 March 2020).

E-pharmacies may be regulated by December 2018. https://www.livemint.com/Politics/psEfbkQxDphWg4F9cBtaiO/Epharmacies-may-be-regulated-by-Dec.html (Accessed 17 July 2018).

CC/1300/2015. https://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F7%2FCC%2F1300%2F2015&dtofhearing=2015-12-04 (Accessed 20 April 2020).

CC/305/2017.

Jyoti Bhandari versus Resonance Education for Better Tomorrow CC/539/2017. “Order Not Updated or not Finalized”.

K. M. Pooja versus Indraprastha Institute for Higher Education and Others. CC/457/2017.

Nitesh Gupta versus OPJS University. CC/485/2017. “Order Not Updated or not Finalized”.

Raghav Ahuja versus Chandra Prabhu Jain College. CC/453/2017. Next hearing slated for 13 January 2021.

While the cases against Resonance Education and OPJS University have been disposed of, judgement order is unfortunately not available in the database.

Deepak Tyagi & 14 Ors. versus Shree Chhatrapati Shivaji Education Society & ANR. Case No. CC/2238/2018, NCDRC. Case disposed on 20 January 2020.

Smita Bhatia versus Spice Retail Ltd. CC/293/2017 and Ankit Rana versus Spice Retail Ltd. (Authorised Service Center) CC/302/2017. Both cases disposed of but final judgement of latter not available in the database.

Huge stake in the e-commerce arm of the company, viz., Spice Online Pvt. Ltd. was acquired by a Chinese company, which seems congruent with the idea that Chinese companies are far ahead in acquiring cutting-edge technology start-ups in Israel or profitable commercial start-ups in India.

Confonet database lists cases against e-commerce entities at district, state and national consumer fora.

Electronics Shoppe (Naveen Electronics), Spice Retail Ltd., IFB Industries Ltd. (manufacturer of engineering goods and domestic appliances), Toshiba India Pvt. Ltd. & ANR. Akshal Electronics, Anugrah Electronics & Appliances, Satyam Electronics (Dealer), Saragam India Electronics Pvt. Ltd., O General Air Conditioner, Plaza Telecom (mobile phone dealer), Hariom Retail Pvt. Ltd., Prakash Refrigeration and Electrical, Guru Kripa Enterprises Apps Daily, Max HD World, LG Electronics India Pvt. Ltd., Air Chill Electronics, M/S Juneja Electricals & ORS., Akshal Electronics, Samsung India Electronics Pvt. Ltd., Videocon Industries Ltd., Croma, Vardhaman Electronics & ANR. and Godrej Service Centre.

M/S. S. Kumars Online Ltd., And … versus C. Ravi Kumar Medak , Andhra Pradesh, SCDRC F.A. 1743/2005.

General Manager, Madras Telephones & Ors. versus R. Kannan (1994), Prof. P. Narayanankutty versus Uptron India Ltd. & Ors., I (1996).

Mysore Sales International Ltd. versus M.N. Misra, II (1996).

Amazon Seller Services Private Limited (ASSPL) versus Dulal Ray Karmakar and Ors. , Tripura SCDRC, III(2016)CPJ6 (Trip.).

Amazon Seller Services Private Limited versus Gopal Krishan and Ors , Chandigarh SCDRC MANU/SF/0038/2017 (or First Appeal No. A/27/2017).

That is Amazon.in; ASSPL is Amazon Seller Services Private Limited.

Worth Rs. 9998, similar to the last case which was around Rs. 10,000.

It is to be noted that despite case number (A/27/2017), specific names of all respondents and, most importantly, all OPs are not available in the database of Chandigarh Forum after search on Confonet as on 17 September 2017. But from a reading of the judgement, it appears that OP No. 1 is a Customer Care Executive of Xiaomi Company; OP No. 2 is the owner of the premises from which the mobile was to be collected, again related to Xiaomi; it is not clear who is OP No. 3, OP No. 4 and OP No. 5; OP No. 6 is ASSPL.

He did not get the mobile repaired or get any response from Amazon from where he purchased the set.

Where it even reproduced a portion from an affidavit filed by the Deputy Manager (Legal) HCL Services Ltd. to highlight the same.

“…he lost faith in OPs and filed a consumer complaint. The service rendered was absolutely poor and pathetic”.

“The inordinate delay on the part of the OPs in repairing of the telephone tantamount to a deficiency in service on their part. The complainant has been deprived of the service of his mobile handset for which he has already paid. The OPs cannot be permitted to hold the complainant at ransom by their callous attitude in attending the problem of the consumer. It is further found that the motherboard, which is the backbone of the mobile handset in question, has been replaced by the OPs after finding it defective. Under these circumstances, it proves beyond doubt that the mobile handset, which the complainant had purchased, was having a manufacturing defect on the date of its purchase.”

“An agent, who sells a product, is duty-bound to ensure its quality, and if the product is found defective, the agent shall be vicariously liable for the loss caused to the purchaser, along with the manufacturer of the product”. It was so held by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, in the case titled as Emerging India Real Assets Pvt. Ltd. & Anr. versus Kamer Chand & Anr. Revision Petition No. 765 of 2016 decided on 30.3.2016.

2015 SCC Online NCDRC 950.

Value payable system by India Post is designed to meet the requirements of persons who wish to pay for articles sent to them at the time of receipt of the articles and for those traders and others who wish to recover the value of article supplied by them through the agency of the Post Office, akin to a cash-on-delivery service.

By tampering with packets and misappropriating them.

2015, SCC Online NCDRC 950.

This is the only case shown under the ‘e-commerce’ category type case under NCDRC as of 17 July 2017. Paras Jain versus Amazon Seller Services Pvt. Ltd. CC/930/2017.

https://barandbench.com/amazon-ncdrc-easy-return/ (Accessed 18 April 2020).

IRDA, TRIA, SEBI, RBI and MCI. Consumer Education Monograph Series-2 Misleading Advertisements and Consumer Centre for Consumer Studies, IIPA. https://consumeraffairs.nic.in/WriteReadData/userfiles/file/misleading_advertiesment_and_consumer%20(1).pdf (Accessed September 15, 2018) and https://consumeraffairs.nic.in/sites/default/files/file-uploads/misleading-advertisements/misleading_advertiesment_and_consumer%20%281%29_0.pdf (Accessed 18 April 2020).

Drugs and Magic Remedies (Objectionable Advertisements) Act; Cable Television Network Regulation Act and Rules; Food Safety and Standards Act, 2006; Drugs and Cosmetics Act, 1940; Bureau of Indian Standards Act, 1986; Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2002; and Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

‘Class Action Suits’ under CPA can be filed for the benefit of all the consumers, as per the judgement of NCDRC in Ambrish Kumar Shukla & 21 others versus Ferrous Infrastructure Private Ltd. 2016. https://www.livelaw.in/class-action-suits-under-consumer-protection-act-can-be-filed-for-the-benefit-of-all-the-consumers-ncdrc-fb/ (Accessed 19 July 2017).

Anticompetitive Agreements.

https://www.cci.gov.in/sites/default/files/172014.pdf (Accessed 15 April 2020).

Through Mr. Kunal Bahl, CEO as OP No. 1, Snapdeal.

Through Mr. Rajesh Gupta, Country Manager, Gurgaon as OP No. 2, SanDisk.

Which includes pen drives, SD cards, etc. of various brands, one of which is the OP No. 2, SanDisk.

2016 SCC OnLine CCI 42.

Whose subsidiary is Freecharge, a popular recharge site.

As per the CCI, the issues raised were as follows: items delivered by OPs were either pirated or defective or of low quality; non-delivery of the product(s) despite successful online payment; some of the bills received by the informant were fake VAT invoices; the informant received different items than what he ordered for and sellers had charged higher price.

For example, the informant argues how Flipkart had the exclusive rights to sell the book Half Girlfriend online.

Competition Commission of India Case No. 80 of 2014, page no. 8 from https://www.cci.gov.in/sites/default/files/802014.pdf (Accessed 15 September 2019).

Mallika Verma versus Union of India (2015); Gaurav Chaudhary versus Blue Dart Express Limited (2016) .

Bibliography

Abrar, P. (2020, February 20). CCI order to probe Amazon, Flipkart fell short of meeting norms: K’taka HC. Business Standard . Retrieved from https://www.business-standard.com/article/companies/cci-order-to-probe-amazon-flipkart-fell-short-of-meeting-norms-k-taka-hc-120022000312_1.html .

Ashok, K. M. (2016, October 10). Class action suits’ under Consumer Protection Act can be filed for the benefit of all the consumers: NCDRC (FB). Live Law . Retrieved from https://www.livelaw.in/class-action-suits-under-consumer-protection-act-can-be-filed-for-the-benefit-of-all-the-consumers-ncdrc-fb/ .

Bajaj, K. (2018, September 10). Govt sets up a panel of secretaries to look into draft ecommerce policy. Inc42 . Retrieved from https://inc42.com/buzz/govt-sets-up-a-panel-of-secretaries-to-look-into-draft-ecommerce-policy/ .

Chakraborty, S., & Choudhury, K. (2019, June 26). National e-commerce policy after a year, no change in FDI guidelines. Business Standard . Retrieved from https://www.business-standard.com/article/economy-policy/govt-sets-1-yr-deadline-for-e-commerce-policy-says-won-t-change-fdi-rules-119062501341_1.html .

Krishnan, M. (2017, May 7). Amazon dragged to NCDRC over allegedly ‘false and misleading’ Easy Return Policy. Bar and Bench . Retrieved from https://barandbench.com/amazon-ncdrc-easy-return/ .

Lohchab, H. (2020, February 14). K’taka HC stays CCI probe order against Amazon, Flipkart. The Economic Times . Retrieved from https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/ktaka-hc-stays-cci-probe-order-against-amazon-flipkart/articleshow/74135156.cms?from=mdr .

Sen, S. (2018, October 17). Flipkart, Amazon off the hook: No ecommerce policy for now, govt plans a set of tightened rules. Factor Daily . Retrieved from https://factordaily.com/amazon-flipkart-off-the-hook-no-ecommerce-policy-for-now/ .

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Gupta, R. (2020). Protection of Consumer Rights in E-Commerce in India. In: Das, K., Mishra, B.S.P., Das, M. (eds) The Digitalization Conundrum in India. India Studies in Business and Economics. Springer, Singapore. https://doi.org/10.1007/978-981-15-6907-4_9

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Celebrating 20 Years of IP Excellence

Indian Consumer Protection Cases Recap – 2021

In this post, we bring to you a recap of important Consumer Protection cases of Year 2021

The Bombay Dyeing  Vs. Ashok Narang and Anr.

In this case, the Appellant, The Bombay Dyeing and Manufacturing Company Ltd was the builder-promoter whereas Mr. Ashok Narang and others were the allotees/buyers of the flats. It was agreed by the Parties that the possession would be delivered by 2017 at a 20:80 scheme consideration (20% initially and 80% at the time of delivery), in which the Respondents had already made payment of 20% in 2012-13 inclusive of tax and premium. The appellants failed to deliver the flats for possession on the stipulated time and extended it by 2 years. Thus, the Respondents filed a complaint u/s 31 of the Real Estate (Regulation and Development) Act, 2016 (“2016 Act”) before the Authority citing breach u/s 12 read with S. 18 of the 2016 Act seeking cancellation of the allotment and also a refund of the amount they had paid. The Authority did not pass any order regarding the refund stating that S. 12 did not apply retrospectively, and also that the cancellation should be done as per the allotment agreement. Further when appealed before the Appellate authority, it found that S. 12 of the 2016 Act had a retroactive operation and directed the respondent to refund with due interest and also ordered cancellation of the allotments. Consequently, the Appellants approached the Bombay High Court wherein the Appellant-counsel submitted that the provisions of the 2016 Act were prospective in operation and that the written agreement for sale was also absent due to which no liabilities could be imposed upon it as u/s 18. To this, the Respondent-counsel contended that the application of the 2016 Act to an ongoing project itself indicated that the provisions were quasi-retroactive in nature. Also, regarding the absence of a written agreement, it was argued that the Appellant could not be permitted to raise a new contention for the first time in the second appeal, thus it had waived the right to raise any such claims and that could not be allowed to approbate and then reprobate later on. The Court pointed out that no one should be made to wait indefinitely for delivery of possession and thereby held that there was a deficiency of service and disposed of the appeals with no order as to costs.

Citation : The Bombay Dyeing and … vs Ashok Narang and Anr., Decided by Bombay High Court on 30th August, 2021, available at :  The Bombay Dyeing and … vs Ashok Narang and Anr , visited on 9th September 2021.

Punit Jain Vs M/S. Ireo Grace Realtech Pvt. Ltd.

Mr. Punit Jain, the Complainant, filed a consumer complaint against Ireo Grace Realtech Pvt. Ltd. for making him sign a one-sided agreement concerning the sale of a 1483.28 sq. ft. apartment at 9200/ – per sq. ft. instead of the previously agreed rate of 8750/ – per sq. ft on 16.03.2013. The company also agreed to make the apartment available to the Complainant within 42 months of execution of the agreement 03.04.2014. The Agreement also mentioned a 180 days’ grace period. The Complainant made full payment of the agreed amount of 1,55,17,716/ – Rupees before filing the present complaint against the builder when it failed to complete the construction within the stipulated time period. The Counsel for the builder contended that the Complainant would not be considered as a ‘Consumer’ under Section 2(1)(d) of the Consumer Protection Act, 1986 as he had bought the apartment for a commercial purpose and had also made a similar booking in another project by the builder. It was also argued that there was an arbitration clause in the agreement signed by the complainant. The builder’s counsel further contended that the Complainant was bound by the terms of the agreement on the Basic Sale Price. The Consumer Disputes Redressal Forum held that the present agreement was a one-sided agreement and was an unfair contract. It was stated that the Developer could not compel the apartment buyers to be bound by the one-sided contractual terms contained in the Buyer’s Agreement. The court also directed the builder to pay interest @ 9% S.I. per annum from 27.11.2018 till the date of payment of the entire amount. The court also directed interest @ 12% S.I. p.a. should be paid in case of a default.

Citation: Punit Jain vs M/S. Ireo Grace Realtech Pvt. Ltd., Decided by The Consumer Disputes Redressal on 31st August, 2021, available at:  Punit Jain vs M/S. Ireo Grace Realtech Pvt. Ltd. , visited on 9th September, 2021.

Khatema Fibres Ltd. V. New India Assurance Company Ltd.

The Appellant, Khatema Fibres Ltd., took out a “Standard Fire and Social Perils” insurance policy from Respondent-Insurance Company New Assurance Co. Ltd. for a sum of approx. 42 crores from 7/5/2007 to 6/5/2008, but a fire broke out on its factory premises on 15/11/2007. The firm, M/s Adarsh Associates, appointed by the Respondent ascertained the value of loss as approx. 2 crores upon their investigation. The Appellants felt the assessment of was loss was approx. 13 crores, but the Insurance Company stated that it could give a maximum claim only up to the amount quoted by the firm. The Appellant filed a consumer complaint under Section 21 (a)(i) of the CPA, 1986 before the NCDRC seeking various types of compensation from the insurance company, for loss caused due to fire, financial stress, legal fees, and so on. The Commission allowed payment to the Appellant for 2 crores, which was original amount assessed by Respondents. The present case was an appeal under Section 23, where the Appellant contended that the net weight of the damaged material was not correct. The Respondents made the counter-argument that the surveyor was an expert at his field and did the assessment in a scientific manner. The Supreme Court observed that there were many discrepancies found by the surveyor with respect to documents submitted, wherein one document showed a certain amount of waste paper stock, and the other showed a huge increase in the stock. The Court agreed with the National Commission’s finding that the Appellant was not able to establish deficiency in service under Section 2(1)(g). Thus, the Court upheld the previous judgement because there was no arbitrariness or unjustness exercised by the Commission in granting claim to the extent of 2 crores.

Citation: Khatema Fibres Ltd. vs New India Assurance Company Ltd. & Anr., Decided by The Supreme Court on 28th September, 2021, available at:  Khatema Fibres Ltd. v. New India Assurance Co. Ltd. (2021) /, last visited on 4th October, 2021.

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8 Important Cases of Consumer Disputes

The article '8 important cases of consumer disputes' delves into eight pivotal legal cases that have played a crucial role in shaping consumer rights..

The article '8 Important Cases of Consumer Disputes' delves into eight pivotal legal cases that have played a crucial role in shaping consumer rights within India's legal framework governed by the Consumer Protection Act.

Click Here and Read about the History and Development of Consumer Protection Laws in India

Introduction

The buying or hiring of goods & services is a vital facet of our daily lives, depending heavily on trust. Deteriorating this trust can outcome in various significances for consumers, extending from monetary loss to physical harm. The Consumer Protection Act, of 1986, is intended to punctually address such breaking of trust or negligence. To ease this, a hierarchy of 3 tribunals is established:

• the District Consumer Disputes Redressal Forum (DCDRF),
• the State Consumer Dispute Redressal Commission (SCDRC), and
• the National Consumer Dispute Redressal Commission (NCDRC).

These tribunals have gained an understanding of the Consumer Protection Act, safeguarding a stable approach that reflects the needs of both consumers as well as service providers.

A "consumer" is any individual who purchases goods or uses services for individual consumption. This description includes all individuals except one acquiring such goods/ services for commercial/ resale purposes.

A complaint from consumers can be filed by:

• an individual or group of consumers,
• the Central or State Government,
• any duly listed volunteer consumer association,
• or the legal representative of the consumer.
• For a consumer being a minor, the complaint can be made by their legal guardian/ parents.

Click Here to Take a closer look at the Judgment: National Insurance Co. Ltd. v. Harsolia Motors and Ors., (2023) | | Consumer Protection Act, 1986

Let’s discuss some relevant case laws of Consumer Dispute:

1. national insurance company ltd. v. hindustan safety glass works ltd. & anr. [1].

In this case, the insurance company rejected compensation to the respondent for loss caused by heavy rain during a stated period. The refusal was grounded on a policy term stating that the company would not pay for losses or damages happening 12 months post the event. Disgruntled with this renunciation, the insured filed a complaint under the Consumer Protection Act, 1986 , with the National Commission .

The National Commission believed that the insured claim was valid, stating that the goods were protected at the time of the incident and the claim was duly filed the next day. It terminated all arguments stated by National Insurance and ordered the company to compensate for Rs. 21,05,803.89 with 9% interest per annum.

2. Manjeet Singh v. National Insurance Company Ltd. & Anr [2]

In this case, the appellant took a 2nd hand truck by executing a Hire Purchase agreement, with the vehicle insured by the respondent’s insurance company. Once while driving, the appellant stopped the truck at the demand of a passenger who then assaulted the driver and stole the said vehicle. He filed an FIR and notified the finance company, but the insurance claim was disallowed for an alleged policy breach. The appellant requested compensation from various consumer dispute forums and eventually reached the Supreme Court.

The Apex Court stated that there was no fault of the appellant, and acknowledged a breach of policy but it was not noteworthy enough to terminate it. The 2-judge bench ordered the insurance company to give 75% of the insured amount with 9% annual interest from the entitlement filing date. Moreover, the court directed the insurance company to recompense a compensation sum of Rs. 1 Lakh.

3. Indian Medical Association v. V.P. Shantha and Others [3]

The Indian Medical Association issued a writ petition requesting the Apex Court to pronounce that the Consumer Protection Act does not spread to the medical profession. They contended that the medical professional obeys to distinct Code of Ethics, resulting in medical negligence a matter for medical specialists in their jurisdiction rather than coming under the CPA. The petition raised 2 important questions:

1. Whether a medical practitioner be suitable for giving 'service' under the Consumer Protection Act, 1986?

2. That if medical services are given free of cost, would they still come under the purview of the Act?

The Court observed that the District, the State, and the National Consumer Forums have the power to call medical experts, evaluate evidence, and protect consumer interests. Services provided by doctors and hospitals without due charges will not come within the scope of "service." The Act does not extend to government hospitals which offer free services.

However, if services are given free to the poor, they will fall under the Act. If an insurance company provides the treatment cost for the customer, it also lies under the purview of the Act.

4. Arvind Shah (Dr.) v. Kamlaben Kushwaha [4]

The complainant's son's death was caused by the doctor's incorrect treatment, which led to the State Commission to give a compensation of Rupees 5 lakh for negligence.

On the appeal, the National Commission stated that the existing prescriptions required essential patient information as delegated by medical rules. The Commission, mentioning the case of Samira Kohli v. Dr Prabha Manchanda [5] , believed the absenteeism of dynamic details in the prescription slip was medical negligence. While recognizing the crucialness of such information, the Commission also emphasized that their occurrence specifies the doctor's care and conscientiousness, symbolising evidence against unsupported claims. But, due to an absence of direct evidence connecting the patient's demise to negligence, the National Commission abridged the compensation to 2.5 lakhs, along with applicable interest.

5. Sehgal School of Competition v. Dalbir Singh [6]

The petitioner, looking for admission at a medical coaching centre, was asked to deposit a lump sum fee for a 2-year course within the first 6 months. However, upon ending the course due to insufficient services, the coaching centre declined to refund the existing remaining amount.

The State Tribunal brought into line with the Supreme Court and National Commission, held that educational institutions in no case can collect lump sum fees for the whole course. If such fees are collected, they must be repaid in case of a student's withdrawal due to insufficiencies. The court observed any contract clause which is contrary to this ruling is considered invalid due to unsatisfactory bargaining power and abuse of natural justice principles.

The court also stated that additional compensation for mental torture should be granted, but it couldn't be bestowed because it had not been asked in the petition.

6. Spring Meadows Hospital & Anr v. Harjol Ahluwalia [7]

This appeal to the Supreme Court , involved a hospital shielding negligence by its nurses and a doctor, leading to a minor in an enduring vegetative state because of a brain haemorrhage. The main issue was whether parents,(not including the patients themselves), could pursue compensation for the mental torture caused. The court held that the service defined under the Consumer Protection Act includes paying parents and the child who are being benefited by the services . The National Commission was believed correct in giving compensation to the child for apparatus costs and the expenses which led to the vegetative state.

7. Karnataka Power Transmission Corporation v. Ashok Iron Works Private Limited [8]

The Supreme Court elucidated that a corporate body comes within the definition of 'person' under section 2(1)(m) of the Consumer Protection Act. The Court highlighted that the use of the word ‘includes’ in the Act is explanatory and can be thorough. The understanding depends on the text, the context, and the objective of the Act. It was avowed that juristic persons were never envisioned to be omitted from the Act's scope, and the definition is comprehensive.

8. Sapient Corporation Employees Provident Fund Trust v. HDFC & Ors. [9]

In a complaint, HDFC was accused of illegal debit, the National Commission stated that the payment was executed in harmony with a statutory authority's order and the complainant was duly informed. Identifying the potential for frolicsome complaints due to the absenteeism of court fees, the Commission, thinking the complaint missing in seriousness and adequate grounds, levied a fine of 25,000 Rs. on the complainant by Section 26 of the Act.

9. Nizam Institute of Medical Sciences v. Prasanth S. Dhananka & Ors. [10]

In the instant case, the complainant pursued compensation for medical negligence happening during the entire medical procedure which resulted in partial paralysis. The National Tribunal gave judgment in favour of medical negligence, stating that the patient's consent was gained only for the tumour examination and not its removal.

On further appeal to the Supreme Court, the court avowed the Commission's findings, highlighting that the tumour removal was delayed through recorded debate, and thus, implied consent could not be incidental. The court recognized the necessity to strike a balance between the victim's genuine requirements and the opposition party's irrational claims concerning compensation. While identifying that compassion for the victim should not affect compensation decisions, the court highlighted the duty to provide suitable compensation.

As per the circumstances, the court raised the compensation to 25 lakhs each for ongoing medical expenditures and the petitioner's loss of occupation . Additionally, 10 lakhs were given for the appellant's pain and misery, 7,20,000 for the attendant over 30 years, 14,40,000 for nursing care, and 10,80,000 for the physiotherapy expenses over 30 years, additionally with 6% interest.

For further in-depth notes on various subjects visit Oxbridge Notes .

10. V.N.Shrikhande v. Anita Sena Fernandes [11]

The Petitioner was alleged of medical negligence. It was contended that a gauge mass was left in her abdomen during a gallbladder operation by a medical practitioner. But this petition was filed after 9 years, subsequently, a 2nd operation at a different hospital was done by the petitioner to remove the mass.

The Apex Court recognized the absenteeism of a straightforward formula to regulate the accumulation of cause of action in medical negligence cases . By applying the Discovery Rule, practised in the United States, the court observed that when the result of negligence is evident, the cause of action arises at the very time of negligence. But if the effect is dormant, the cause of action ascends when the patient becomes conscious of the negligence. However, in the instant case, the petitioner had been feeling pain since the operation, which continued for nine years, for which she took painkillers without doctor consultation.

Therefore, the court, considering her profession as a nurse and her skill to have more knowledge than a layman, discarded and set aside the order of the Commission and further dismissed the complaint.

Click Here to Read about the Major Amendments to the Consumer Protection Act of 2019

[1] Civil Appeal No. 3883 of 2007

[2] Revision Petition No. 4419 of 2014

[3] AIR 1996 SC 550

[4] 2009(3) C.P.C.24; III (2009) CPJ121(NC)

[5] [I (2008) CPJ 56 (SC)]

[6] Appeal No.FA-08/1043

[7] Civil Appeal No. 7858 of 1997

[8] Civil Appeal No 1879 of 2003

[9] Consumer Complaint No.123 of 2012

[10] Civil Appeal No. 4119 of 1999

[11] Civil Appeal No. 8983 of 2010

Important Links

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Legal Awareness Initiative

• Feb 14, 2022

A New Case Study on Consumer Rights

Written by: Girish N P

Everybody is consumer in a way or other. But, it's pathetic that only few are aware of their rights.

Why it's important to know consumer right?

Well, the simplest answer is to get rid of deception by cheater.

What actually is Consumer Right?

It's an exclusive right of the end user as prescribed by the law of a country. Hence, consumer rights vary from country to country.

What's new now?

Because of the emerging technologies and COVID19 like unexpected situations, every government is regulating to the future scenario. Thus a reforming, revolutionary and resolving consumer rights is very much in need.

A recent case study by iconsumer.in shows a magnificent number of 33 Consumer Rights! The analysis included top economics of the world, middle income and low income category. A total of 49 countries were taken into consideration.

Here is the list: -

33 Consumer Rights across the globe

1. Right to Safety

2. Right to be Informed

3. Right to Choose

4. Right to be Heard

5. Right to Seek redress

6. Right to Consumer Education

7. Right to a healthy environment

8. Right to satisfaction of basic needs

9. Right to file a Consumer Complaint from anywhere

10. Right to seek compensation under product liability

11. Right to protect consumers as a class

12. Right to seek a hearing using video conferencing

13. Right to know the reason for complaint rejection

14. Right to Truthful Advertising

15. Right to have faulty goods repaired or replaced

16. Right to contracts without unfair clauses

17. Right to return most goods purchased online within 14 days

18. Right to free assistance from European Consumer Centers

19. Right to access goods and services on the same terms as local customer

20. Right to change your mind

21. Right to refund for delayed or non-delivery

22. Off-Premise Purchases Rights

23. Store Purchase Rights

24. Air Passenger Rights

25. Rail Passenger Rights

26. Maritime Travel Rights

27. Road Travel Rights

28. Package Travel Rights

29. Accommodation Rights

30. Right of Fair Deal

31. Right that Human Dignity is respected

32. Right to exercise supervision

33. Right to Privacy

Some of the key findings of study are:

The highest priority of all 49 countries was found to be the safety of the consumers.

The basis of all the consumer rights is guidelines set by United Nations.

Few of the countries don't have consumer rights. And some have laws on consumer protection.

Fascinated to read more in detail

Check out the link here

https://iconsumer.in/consumer-rights/

• Consumer Rights

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• Consumer Cases

 Consumer Cases

Insurer Has Discretion To Reject A Surveyor's Report If It Is Arbitrary Or Unreasonable: NCDRC

Ayushi rani  .

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal against New India Assurance, citing the complainant's failure to demonstrate any arbitrariness or perversity in the insurer's rejection of the surveyor's report. Brief Facts of the Case The complainant, a company incorporated under the Companies Act, 1956 and a distributor...

Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held Life Insurance Corporation liable for deficiency in service over invalidating an insurance case citing non-disclosure of prior non-life-threatening health conditions. Brief Facts of the Case The deceased husband of the complainant purchased two life insurance policies from the Life...

Builder's Failure To Transfer Maintenance Funds Collected From Association Members Constitutes A Deficiency In Service: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Canon Properties liable for deficiency in service for withholding maintenance charges from the flat owners. Brief Facts of the Case The Complainant's Association/Dum Dum Club Town Residents Association argued that during the development and sale of the property, Canon...

Concurrent Findings Of Facts , National Commission Refuses Interference In Revision Petition By United India Insurance Co: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revisional jurisdiction of the National Commission under Section 21(b) is limited in nature and can only be exercised when the State Commission has either exercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction so vested or acted with material...

Insurer's Liability Is Determined Based On Strict Interpretation Of Terms Of Contract, No Deviation Allowed: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the terms in an insurance contract should be strictly adhered to with no scope of deviation from these terms. Brief Facts of the Case The complainant purchased a LIC Jivan Anand With Profits (With Accident Benefit) policy from the Life Insurance Policy/insurer with a sum assured...

MahaRERA Directs Kalpataru Radiance Project To Refund Money With Interest Or Pay Monthly Interest To Homebuyers Choosing To Stay

Aryan raj  .

In a relief to Homebuyers, Maharashtra Real Estate Regulatory Authority (Authority) Bench, comprising of Ajoy Mehta (Chairperson), has directed the builder to refund the amount with interest to homebuyers opting to withdraw and to pay monthly interest to homebuyers choosing to stay invested in the Kalpataru Radiance Project. Background Facts All sixteen homebuyers (Complainant Sr. No 1 to 16) are allottees of the real estate project developed by the builder (Respondent No. 1) named...

MahaREAT Dismisses Homebuyer's Application For Condonation Of 225-Days Delay In Filing Appeal

The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 225-day delay in filing the appeal, concluding that the explanation provided for the delay is not satisfactory. Condonation of delay means forgiving or excusing the delay in submitting an appeal or application before the respective courts. Section 44(2) of...

Delay In Processing Revival Of Policy After Receiving Premium Is Insurer's Fault: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that IDBI Federal Life Insurance liable for deficiency in service due to denial of revival of the policy even after receiving the premium amount from the insured. Brief Facts of the Case The complainant's husband held an insurance policy under the IDBI Federal Loan Insurance Group Life...

Doctors Cannot Be Deemed Negligent For Choosing One Acceptable Medical Procedure Over Another, Even If Outcome Is Unfavorable: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that medical opinions may vary on the appropriate course of action for treating a patient, but if a doctor follows acceptable medical practices and the court determines that they provided care with due skill and diligence, it is challenging to deem the doctor negligent even if the patient...

Insured Has A Duty To Disclose Pre Existing Aliments To Insurer : NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the contracts of life insurance are based on utmost good faith and the insured has a duty to disclose all material information, including pre existing ailments to the insurer. Brief Facts of the Case The complainant filed a death claim to Bajaj Insurance/Insurer for his wife's...

Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the compensation granted by the consumer commission is not akin to a criminal sentence or punishment. Unlike criminal courts, which demand proof beyond a reasonable doubt for culpable offenses, consumer complaints about service deficiencies or unfair trade practices operate under...

In Revision Jurisdiction, National Commission Can Interfere only In Cases of Substantial Jurisdictional Error: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the Commission can only interfere in orders by the State Commissions and the District Forums if there is a scope of illegality, material irregularity, or jurisdictional error. Brief Facts of the Case The complainant applied for a ration card through the Opposite Party (OP)...

A Study of Consumer Rights under Consumer Protection Act,2019

• the right to be protected against the marketing of goods, products or services which are hazardous to life and property;
• the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;
• the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;
• the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora;
• the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and
• the right to consumer awareness;
• the right to consumer awareness; [2]

Article 38(1):

Article 47:.

• To help the countries to achieve and maintain protection adequate to their consumer population;
• To render help in production and distribution in accordance with the needs and desires of the consumers;
• To encourage the high standards of moral conduct the persons involved in making available goods and services to the consumers;
• To help the countries at national and international levels to supress the defective business systems affecting the interests of the consumers;
• To help in development of independent consumer groups or unions;
• To encourage the condition of market which may provide more opportunities of choice at less cost. [10]

Consumer Rights

The right to be protected, the right to be informed, right to be assured or the right to choice, right to be heard, the right to consumer awareness, supriyo ranjan mahapatra v. amazon development centre india (p) ltd. [21], tata press ltd v. mahanagar telephone nigam ltd. (�tata press�)[22], ernakulam medical centre v. p.r. jayasree & anr. [23], hdfc bank limited v. balwinder singh [24].

• The Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019 (India
• The Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019 (India).
• Dr. S.K. Kapoor, Law Of Torts & Consumer Protection Act 1986 479 (2013).
• India Const. art. 38 cl. 1
• India Const. art. 47
• Nupur Roy, Globalizing India and Consumerism in a New World Order (1991-2016), JSTOR (Jan. 11, 06:14 PM) https://www.jstor.org/stable/10.2307/26552733
• Dr.S.K.Kapoor, Law Of Torts & Consumer Protection Act 1986 477 (2013)
• Dr.S.K.Kapoor, Law Of Torts & Consumer Protection Act 1986 477-478 (2013)
• Dr.S.K.Kapoor, Law Of Torts & Consumer Protection Act 1986 477 478 (2013
• United Nations, Draft Resolution for Consideration by The General Assembly, UNCTAD (Jan. 13, 03:25PM) https://unctad.org/system/files/official-document/ditc-ccpb2015_02res_en.pdf.
• PTI From September 1, entry of imported toys in India only after quality testing: Paswan The Economic Times
• Consumer Rights Consumer Affairs: https://consumeraffairs.nic.in/organisation-and-units/division/consumer-protection unit/consumerrights#:~:text=Means%20right%20to%20be%20informed,a%20choice%20or%20a%20decision.
• The Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019, (India).
• Dr.Roopa Vajpayee & Akanksha Rana, Consumer Claims 54 (Eastern Book Company 2020
• The Competition Act, 2002, Act No. 12, Acts of Parliament 2003 (India).
• Dr. Roopa Vajpayee & Akanksha Rana, Consumers Claims 55 (Eastern Book Company 2020)
• Ginka Kalyan, Analysis of The Consumer Protection Act, 2019, MANUPATRA (Jan. 07, 11:07 AM)
• The Consumer Protection Act, 2019, Act No. 35, Acts of Parliament 2019 (India)
• (2011) 4 S.C.C. (Civ.) 835, 850
• Consumer Complaint No. 42 of 2018 District Consumer Redressal Forum Behrampore Odisha (India).
• (1995) 5 SCC 139.
• 2020 SCC Online NCDRC 490.
• III (2009) CPJ 49 (NC)
• AIR 1994 SC 787 791.

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The Top 10 Consumer Court cases and Trails in India – Complete List

Buying goods and services is an inevitable part of our daily lives and problems might occur from the vendors who deliver these goods and services. Below are the top 10 consumer court cases curated for the readers:

Top 10 Consumer Court Cases and Trials in India

1. Dipika Pallikal , a squash champion, and an Arjuna awardee found used her Axis Bank Debit Card in a hotel at Netherlands’ Rotterdam which failed. She had 10 times the bill amount in her account at that time. The bank said the incident was a case of ‘Force Majeure’ (an act of God/ something beyond the control) and returned a cheque of ₹1 lakh issued to her by the government of. Dipika approached the consumer court in Chennai against Axis Bank

Court judgment:

The court found that there was a deficiency of service on the part of the Axis Bank and directed the bank to pay a compensation of ₹5 lakh and ₹5000 as expenses.

2. Poonam Verma v Ashwin Patel & Ors: In this case, the respondent who is a homeopathic doctor, prescribed allopathic medicines for the treatment of a patient who did not respond to the medicine well and subsequently died. Based on the fact that the respondent was qualified and registered to practice under Homeopathy only,

It was found to be in violation of the statutory duty not to practice Allopathy under section 15(3) of the Indian Medical Council Act, 1956. Respondent’s act was held to be actionable negligence was ordered to pay a compensation of three lakhs.

3. A tea vendor, Rajesh Sakre , is an example of this who had ₹20,000 in his State Bank of India account and he withdrew ₹10,800. On his next visit to the ATM, he realized all his money was gone. When he asked the bank authorities they blamed it on him for the fault.

So, he went to the District Consumer Disputes Redressal Forum with his grievance and as he couldn’t afford a lawyer he argued the case himself.

Court Judgement:

The forum ruled in his favor and ordered the State Bank of India to return the ₹9,200 with 6% interest also to pay ₹10,000 as compensation for mental anguish and ₹2,000 for the legal expenses.

4. Baglekar Akash Kumar who was a 19-year-old got a book online and when it was delivered, he noticed that there was no MRP printed on it. He browsed the internet and saw that the book was sold at different prices at different places after which he went to the consumer forum and filed a case against Penguin Books India Pvt. Ltd and the paper company.

The court held non-publishing MRP on the product without a valid reason is ‘unfair trade practice’. MRP ensures that a consumer is not overcharged for the product. So, it is mandatory for companies to print MRP and the publishers were asked to print the retail price on the book Akash was awarded ₹10,000 as compensation and ₹2,500 as costs.

In any consumer court case, the bills and similar legal paperwork are the most powerful and useful weapons for lawsuits. This is why it’s important that you keep hold of the bills carefully. For this you can ask for our agents’ help who are experts in preparing, managing, and overtaking legal paperwork. At DailyFiling, we have consultants who are experienced with all sorts of lawsuits like income tax consultants , GST consultants , company registration agents, and more.

5. Mr. Kondaiah from Andhra Pradesh noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was actually ₹20. He filed his case against them in the District Consumer Disputes Redressal Forum for ‘unfair trade practice’. He supported his claim by producing the bill of the bottle.

The court decided in favor of Mr. Kondaiah and said that the practice is unjustified and Mr. Kondaiah was paid a compensation of ₹20,000, ₹20, and ₹5,000 for the costs.

6. Rajesh Rajan from Ahmedabad bought a Pepsi from a local store and found a gutka floating in it. He sent a legal notice to the Pepsi company immediately and approached a Consumer Dispute Redressal Forum and demanded compensation of ₹5 lakh for the same.

Court Decision

The consumer forum passed an order in favor of Rajesh Rajan and directed the company to pay a total of ₹4008 which on being low was later paid ₹20,000 as compensation and ₹2000 towards costs.

7. In the year 2015, K Chaathu complained against Indulekha (beauty product manufacturers) and Mammootty (an actor who was the brand ambassador of the company) for displaying misleading ads. The ads claimed that people using the soap will become ‘fair’ and ‘beautiful but the 67-year-old didn’t become fair or beautiful.

Indulekha paid Chaathu ₹30,000 in an out-of-the-court settlement while the initial claim of Chaathu was ₹50,000.

8. A person bought a house after researching and pooling hard-earned money and paid to the developer who promised to deliver within 42 months but even after 4 years the construction wasn’t started. So the two people decided to move the National Consumer Disputes Redressal Commission (NCDRC) for it.

The real estate developer was asked to refund the money with a simple interest of 9% per annum. They were awarded a compensation of ₹50,000 each.

You might also read “ How to have a mutual divorce in India ?”

9. 10 iPhone 5S Gold for ₹68 + ₹10,000 LIn 2014, Nikhil Bansal (a student) saw this unbelievable offer on the Snapdeal on iPhone which was quoted for Rs68000 (a discount of ₹46,651) and ordered it immediately. Upon receiving an order confirmation later the order was canceled stating it to be a technical glitch.

The court ruled in his favor and asked Snapdeal to deliver him the iPhone for ₹68 and asked to pay a compensation of ₹2,000 and when Snapdeal appealed this order, the compensation got raised to ₹10,000.

10. Om Prakash’s truck was stolen , and he filed a claim for compensation. The truck was taken on March 23, 2010, the police report was submitted on March 24, 2010, and the insurance claim was filed on March 31, 2010.

The insurance investigator was dispatched to verify the authenticity. The claim for Rs. 7,85,000/- was approved, however the money was never provided to Om Prakash. When he inquired about it, the insurance company responded that there had been a breach of terms and conditions:

“immediate notification of the vehicle’s loss or theft to the insurer”

While the consumer courts rejected his claim, the Supreme Court ruled in his favour. It was decided that insurance companies cannot avoid paying claimants if they have a valid justification for doing so, and the company was ordered to pay the Appellant a payment of Rs. 8,35,000/- plus interest at 8% per annum, as well as a compensation of Rs. 50,000.

These were a few cases to educate us to get rid away of the hesitation of approaching the court for a wrongful act and avail for our right as informed consumers.

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Consumer Rights in India

• Updated on  
• May 4, 2023

For most of us who love shopping, it is important to decipher the real essence of the word ‘Consumer’. In simple words, a consumer is any individual who purchases a good or service for their personal use. But in the contemporary world, you might have come across many instances of consumer exploitation. This can range from food adulteration, wrong information and defective products to skyrocketing prices, the improper weight of a product, etc. This is why it becomes important to become an aware and informed consumer. This blog brings you a detailed analysis of consumer rights, their different types and other related features.

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This Blog Includes:

Historical overview of consumer rights, list of consumer rights, right to safety, right to be informed, right to choose, right to be heard, right to seek redressal, right to consumer education, consumer protection act, ask yourself, critical awareness, be involved, sustainable consumption, environmental protection.

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Consumer rights are designed to protect the interests of consumers and secure them from malpractices such as rampant black marketing and hoarding. As a consumer, it is important that you stay updated with the information regarding the quality, potency, quantity, purity, price and standard of goods or services. 

Since the exploitation in the market faced by consumers is going on for ages, a popular movement started throughout the country in the 1960s to challenge such consumer exploitations. It took a robust shape in the next decade with many articles were published and protests happening. Finally, in the year 1986, the ‘Consumer Protection Act’ was passed by the Government of India also known as COPRA. Earlier in 1985, the United Nations had issued guidelines to protect consumers which were followed by many countries. It resulted in the creation of National consumer Protection organizations headed by Consumers International which is an amalgamation of many consumer organizations of 115 countries. 

As per the Consumer Protection Act, 1986, a consumer has a right to participate in a transparent marketplace. Let’s take a look at the main 6 Consumer Rights in India:

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The Right to Safety elucidates the protection of consumers against the marketing those goods and services which might be harmful to life and property. In order to ensure your own safety while purchasing a product, you have the right to ask about the quality of the products including its guarantee and quality mark and certifications. It is one of the prominent consumer rights that aims to bring quality and transparency in the market and the Consumer Court has also introduced quality marks for different products like ISA, AGMARK, etc. to encourage consumers to buy quality marked goods. 

A consumer has a right to know about the nuances of the product while purchasing it. In order to do away with the unfair practices, this right aims to help every individual inquire about the quality of products apart from its quantity, potency, purity, standard and price of goods. It is quintessential that all sort of information related to a particular product is provided to you, before buying the product wisely. Amongst the different consumer rights, this one assists the consumer in acting wisely and responsibly thus protecting them from falling for any high-pressure selling techniques. 

The Consumer Protection Act, 1986 also provides you with the essential right to make your own choice in terms of buying goods and services. Any seller can never force their consumer to buy a specific product or service and if this happens, then the consumer has the right to report the Consumer Court. Amongst the key consumer rights, this one is better executed in markets with higher competition amid a variety of goods that are available on a range of prices or simpler terms where bargaining power is more. It is referred to as the right to be assured and gives the buyer a choice to buy any goods and services as per their preferences and interests.

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It means if any seller violates a consumer’s rights then the consumer can reach the forum to voice their concerns. Every consumer is given the right to be heard in Consumer court and other organisations which are solely meant to save consumer rights. This particular right emphasises on empowering the Indian masses to present their opinion fearlessly against any malpractice in the marketplace. 

Every consumer has the right to put forward their genuine grievances and plights against unscrupulous exploitation. You have the right to seek redressal of your problems and get your queries resolved. On an everyday basis, a large number of cases are being heard at district levels and redressed accordingly. 

As a consumer, you need to be aware of your rights and responsibilities. This right aims at empowering every consumer about their rights. For this purpose, consumer associations, educational institutions as well as Government policymakers play a crucial role in consumer education by informing every individual about the duties, responsibilities and reliefs available to them.

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The Consumer Protection Act aims at providing protection to the consumers and to provide a timely solution to their problem which is effective. It protects the consumers against deficiencies and defects in goods and services. Securing the rights of consumers against restrictive or wrongful trade practices is an important part of the Consumer Protection Act. It was passed in the Lok Sabha on December 9th, 1986 in Lok Sabha while the Rajya Sabha passed it on December 10th, 1986. Assented by the President of India on December 24th, 1986, the Consumer Protection Act is one of the most important Acts.

Consumer Responsibilities 

Here are a few responsibilities that you, as a consumer, must take up when consuming any goods or services. This must be done to ensure that your rights are not being exploited.

• Have you faced any issues as a consumer?
• Have you ever approached the authorities when faced with this issue?
• Are you aware that you could seek help from a consumer group to protect your interests?

It is your responsibility to be critically aware and question more- about prices, quantity and quality of the goods and services purchased.

It is your responsibility to assert your opinions and ensure that you are given a fair deal as a consumer. If you are passive, then you could be exploited.

It is your responsibility to come together and raise your voice along with other consumers and fight collectively. This would develop the strength and promote the interest of the consumers.

You must be aware of the impact that your consumption has on other citizens. The disadvantaged or powerless groups must be kept in mind while consuming. Needs should be given more weightage as compared to wants.

It is your responsibility to be aware of the impact your consumption is having on the environment. It is our social responsibility to conserve natural resources and protect the Earth.

President John F. Kennedy introduced the idea of consumer rights.

It was passed by both the Houses of Parliament & received the assent of the President on 24th December, 1986.

There are 6 consumer rights in India.

We hope this blog has helped you understand what Consumer rights are all about. Aiming to study Law? Sign up for an e-meeting with our Leverage Edu and let us help you pick the best course and university that can equip you with the essential skills and knowledge to build a thriving career in Law!

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It was quite good of you to write on “Consumer Rights in India”. I really appreciate your work. It was a very informative article.

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