Chapter–24

INTRODUCTION TO CONSUME RIGHTS ANDRESPONSIBILITIES

B. SURESH LAL

The Word “consumer” is a derivative of the Latin word“Consumere” which means, “to take up totally or to eat’.The consumer is one who consumes or uses anycommodity or service available to him either from naturalresources or through a market. According to John F.Kennedy, “Consumer by definition includes every one.There are the largest economic grope affecting and affectedby almost every public and private economic decision”.The Consumer Protection Act, 1986 defines the consumeras ‘one who buys any goods, hires any services or partlypaid and partly promised or under any system of deferredpayment”.

Consumer Rights

The Consumer Protection Act enshrines the following rightsto the consumer:

� Right to safely

� Right to be informed

� Right to choose

� Right to be heard

� Right to redress

� Right to consumer education

� Right to satisfaction of basic needs

� Right to a healthy environment

Right to Safety

The wide variety of products and services that are availablein the market owing to technological advances require safehanding. The use of some of these products requirestechnical knowledge. Many consumers may not be awareof the safe use of the products. They may also lack technicalknowledge to assess the safety aspects of products andservices. Therefore, product safety from the consumer’spoint of view is a matter of utmost importance. TheConsumer Protection Act, 1986 has legalized the right tosafety as one of the consumer rights.

Meaning

The right to safety means the right to be protected againstproduct production process and services which arehazardous to health or life. It includes concern for terminterests and immediate requirements of consumers. Whenpurchased a good or availed a service.

� The consumer has a right to get himself/herselfprotected against damage to his property andperson.

� It should not cause any physical danger, healthhazard or put the consumer in any difficultybecause of failure.

� If should satisfy the consumer in terms of its qualityand safety

Measures for Safety

Protection and empowerment of consumers woulddepend upon the various measures that are taken bythe Government to enforce. Some of the possible measuresare

� Establishing measures and standards to ensuresafety and quality of goods and services.

� Providing facilities for testing and certification ofessential goods and services.

� Formulating Policies to ensure that manufacturerscompensate for defective or hazardous products.

United Nations Guidelines

The United National Guidelines on consumer protectionwhich were adopted by the General Assembly in 1985specified the following measures to be taken by theGovernment for consumer protection:

� Government should adopt or encourage theadoption of appropriate measures, including legalsystem, safety regulations, national or internationalstandards, voluntary standards and themaintenance of safety records to ensure thatproducts are safe in use.

� Appropriate policies should ensure that goodsproduced by manufacturers are safe in use.

� Those who are responsible for bringing goods t themarket – suppliers, exporters, importers, retailersand the like would ensue that while in their carethese goods are not rendered unsafe throughimproper handling or storage

� Consumer should be instructed in the proper useof goods and should be informed for the risksinvolved in use.

� Vital safety information should be conveyed toconsumers by internationally understandablesymbols wherever possible.

� Appropriate polices should ensure that ifmanufacturers or distributors become aware ofunforeseen hazards after products are placed in themarket, they should notify the relevant authoritiesand the public without delay.

� Governments should also consider ways ofensuring that consumers are properly informed ofsuch hazards.

� The Government should adopt policies underwhich, if a product is found to be seriously defectiveand or to constitute a substantial and severe hazardeven when properly used, manufacturers and ordistributors should replace or modify it, orsubstitute another product for it. If it is not possibleto do so within a reasonable period of time, theconsumer should adequately be compensated.

Safety Standards

The United Nations guidelines also highlighted theimportance of standards for the safety and quality orconsumer goods. The following are some of the measurersto be taken by the Government to ensure safety.

� The Government should, as it is appropriate,formulate or promote the elaboration andimplementation of standards, voluntary and other,at the national and international levels for the safetyand quality of goods and services and give themappropriate publicity.

� National standards and regulations for productsafety and quality should be reviewed from timeto time, in order to ensure that they conform, where

possible, to generally accepted internationalstandards.

� Where a standards, lower than the generallyaccepted international standard, is being appliedbecause of local economic conditions every effortshould be made to raise that standard as soon aspossible.

� The Government should encourage and ensure theavailability of facilities to test and certify the safety,quality and performance of essential consumergoods and services.

Safety standards are intended to specify protectionagainst different kinds of hazards like:

� Mechanical hazards

� Electrical hazards� Thermal hazards

� Fire or Explosion hazards� Chemical hazards

� Biological hazards

� Radiation hazards

Standard Certification Marks

Bureau of Indian Standards (BIS) plays a vital role inpreparing standards for safety and quality. BIS has a regularinteraction with various Governmental and non-Governmental agencies. The standards and ISI mark arepromoted by the Bureau after discussions with variousorganizations by organizing seminars, participating inseminars and through print and electronic media. Astandard or a certification mark on the product is anindication of guarantee of safety in its use. It is an assuranceof the fact that the product has passed through certainstandardized tests and it ensures safety against health

hazards. The BIS formulates standards for all sectors ofeconomy. They grant permission to use ISI mark for thegoods that maintain quality. The Directorate of Marketingand Inspection allows the producers and marketers t useAGMARK for safe and qualitative products. Vegetable Oils,Butter, Rice, Ghee etc comes within this mark. The FoodProduct Order (FPO) is regulated by the Ministry of Food,permitting the manufacturers of fruit and vegetable productssuch as jams, fruit juices, squashes, jellies and canned foods.Quality control and standardization are discussed in aseparate chapter.

Legislations Forconsumer Safety

To ensure availability of safe products for consumerconsumption and use, the Government has enacted pro-consumer Acts. Food items and medicines are not onlyessential for survival, but dangerous if these are adulteratedor not of specific standards. To protect the consumers andto ensure safe food and safe drugs, the following laws havebeen enacted.

Food Safety

The Prevention of Food Adulteration Act, 1954, was passedby the Parliament to provide for a comprehensive legislationfor preventing adulteration of food stuffs. The Act providesfor constitution of a central committee for food standardsand also for a central food laboratory. Certain articles of foodhave been prohibited from being manufactured. Adulteratedfood is examined by public analyst and food inspectors areappointed to enforce the law. Manufacturers, distributorsand dealers of food need to give warranty for the goodquality and contents of food. Sellers have to disclose thename of the person from whom the food was originallypurchased. Instances of food poisoning are to be reportedby medical practitioners to such officers as may be notified

by state Governments. Strict penalties have been providedfor violation of the law. Courts have been empowered topunish those found guilty, forfeit their property and alsoimpose enhanced penalty. To enable the provisions of theAct to be applied, the Prevention of Food AdulterationRules, 1955 have also been framed. These rules give detailsabout standards of quality of food, duties of public analystand food inspectors, procedure of sealing and dispatch ofsamples, use of coloring material in food, packing andlabeling of foods, regulations of sales licences, use ofpreservatives, prohibition of poisonous metal contaminants,insecticides and pesticides, irradiation of food etc.

Safe Drugs

The Drugs and Cosmetic Act, 1940 and the amendmentsmade in 1964 regulate the import, manufacture, sale anddistribution of drugs and cosmetics. Its main aim is to protectthe consumer from sub-standard drugs and cosmetics. TheAct stipulates that in respect of patented or proprietarymedicines there must be list of ingredients or formuladisplayed in the prescribed manner on the label or container.Misbranding of drugs is illegal. Drugs are adulterated if theycontain any ‘filthy, putrid or decomposed’ substance or theyhave been stored or packaged in insanitary conditions orcontain toxic substances. If the Government is satisfied thatany of the drugs involve any risk to human beings or animalsor that it does not have the therapeutic value claimed, theGovernment may ban it. The Drugs and Cosmetics Rules aremade under the Drugs and Cosmetics Act, 1940. They includeprovisions for licensing of the import, sale, distribution,packaging, stocking, labeling etc. of drugs and cosmetics.

Product Safety

There is no comprehensive product safety Act in India. Thereare legislations such as the Insecticide Control Order, the

Environmental Protection Act, the Consumer Protection Act,1986 and the MRTP Act which deals largely withcompensation aspect of injury or damage caused.

It is the duty of the Government to� Protect the public against unreasonable risks of

injury associated with consumer products� assist consumers in evaluating the comparative

safety of consumer products� Develop uniform safety standards for consumer

products and minimize conflicting state and localregulations.

� Promote research and investigation into the causesand prevention of product related deaths, illnessand injuries.

� enforce standards through litigation andadministrative actions

The Consumer Protection Act, 1986 enables a consumerto make a complaint to a redressal agency if his right to safetyis not ensured. The consumer can seek redressal against anyunfair trade practices, or any defective good or goods whichwill be hazardous to life and safety when used. Withglobalization of the economy and e-commerce, net shoppingand rapid expansion of markets and goods, the consumersneed greater protection with respect to the safety ofproducts.

Right to Information

Consumers have the right to obtain accurate and adequateinformation not only on all consumer goods and services,but also from any public authority for any development.There has to be a two-way traffic of information betweenthe development agencies and the people. The right toinformation is an essential part of the right to life,development and social justice. The governance and

management of society must be transparent to the people.An absence of access to information seriously limits theeffectiveness of consumer groups whose activities oftendepend on facts and figures usually available with publicand private organizations. The Indian Constitutionguarantees the fundamental rights to free speech andexpression. The absence of authentic information on mattersof public interest discourages meaningful debate. An accessto information on the hazardous chemical substances storedby Union Carbide and the remedial measures in case of anemergency might have prevented the avoidable Bhopal gasdisaster. Right to information ensure public participationin the decision making process of the country which is anessential element in a democracy.

Meaning

The right to be informed means the right to be providedabout the facts needed to make an informed choice ordecision. Consumers must be provided adequateinformation enabling them to act wisely and responsibly.More precisely the consumes have a right

� to get a detailed information regarding the productsthey are going to purchase

� to get information regarding the quality, quantity,potency, purity, composition and prices of goodsor services offered for sale

� not to be misled by inaccurate publicity� to know the ill effects of consumer products if any� to get all sorts of information to make a wise choice

regarding products and services� to get access to issues which directly affect citizens

life� To get access to welfare schemes of the

Government.

This right can help consumers to take free and intelligentdecisions, and cn protect them against fraudulent andmisleading information.

Sources of Information

Consumers can obtain information from various sources.Depending on the type of product or service the source ofinformation may differ. The major sources of informationare

� Labels� Advertisements� Print media� Electronic media� Citizen’s charter of organization� Official records of public and private undertakings

Labels

A label is a simple tag attached to the products that carrythe brand name, a great deal of information or anelaborately designed graphic that is part of the package.The information on the label helps the consumer to makean informed choice. The current Food Labeling Rules underthe Prevention of Food Adulteration Act, 1954 dictates theinformation to be provided in the label. The followinginformation is essential to be provided by the manufacturerof food products.

Ingredients

Packaged food must give the details of the ingredients. Itis basic and important information. Some peopleare allergic to certain foods, food combinations ofchemical additives. The labels should mention not only thenames of such hazardous ingredients, but also theirquantities.

Nutritional Information

Nutrition labeling is now mandatory only for infant foodsunder the Prevention of Food Adulteration At. It isimportant for a consumer to have information aboutcarbohydrate, protein, fat contents, as also total calories andmajor vitamins and minerals. Apart from this information,the other information on parameters such as type of fact,i.e. saturated, monounsaturated or poly unsaturated fats andtheir dietary fibre, cholesterol etc is also essential. Nutritionsupplement for each serving also needs to be supplied incase of ready to eat foods.

Additives

It is mandatory to mention which additive has been addedto the food and in what quantity.

Use by Date

Manufacturer should declare a “use by date” or “best before”date. Some products will have limited shelf life, in such casesfrom safety point of view this information is very crucial. Aconsumer should know till what date the product is safe.Similarly storage conditions are also equally important. Idealstorage conditions are a must.

Processing Techniques

Prevention of Food Adulteration Ac requires that detailssuch as date of irradiation, log, licence number and purposeof irradiation are mentioned in the case of irradiated foods.But it is equally important for the consumer to know whenother process like leaching, different drying process etc. havebeen used and these should be mentioned on labels.

An ideal label should have the following information� Name of the product

� Name and address of manufacturer

� Ingredients with quantity� Quantity (net weight, drained weight)� Batch No.� Month and year of manufacturing� Nutrition information� Additives along with their names and quantity� Ideal storage condition� Processing techniques used� Warnings� Meaningful health claims

The information on the label should not mislead theconsumer. The label should not contain any statement, claim,design, device, fancy name or abbreviation which is falseor misleading.

Advertisements, Print and Electronic Media

The manufacturer to spread the information regarding a newproduct being launched may use different kinds of media.Advertising is a powerful tool to introduce the product.Today manufacturers, traders perceive advertising as anecessity for promoting new products and keeping theconsumer informed about availability and choice in themarket. On the other hand aggressive advertising pushesnew products into peoples’ lives by promoting them as moreefficient, stylish or convenient to use. The consumer shouldbe guided. The advertisers should be regulated. TheAdvertising Standard Council of India (ASCI) is a body setup by advertisers, advertising, advertising agencies,newspapers, magazines and others engaged in advising. Thecouncil has formulated a code by which advertisers regulatethemselves. The council believes that all advertising mustbe responsible, and to the benefit of all parties concerned.The code has been drawn up to ensure truthfulness and

honesty of representation and claims made byadvertisements and to safeguard against misleadingadvertisements. The code applies to the advertisements notonly in newspapers, magazines but also in television, radio,cinema on hoardings and posters in shops and on theproduct labels. Advertisements should not give misleadinginformation. The consumers should be given informationregarding the product safety aspects, nutritional value formoney and so on.

Official records and Citizen Charter

Every citizen shall have the freedom to seek informationfrom any public authority. Every public authority shall beunder a duty to maintain all its records as per its operationalrequirements and grant access to information to any citizenrequesting for it. It shall also be the duty of the officerconcerned to give reasons for decisions to those affected andto disclose the relevant facts and analyses when majorpolices or decisions are announced.

Public undertakings which provide services to the publicare bound to keep the information open to consumersthrough its citizen’s charter. It is a written document and adeclaration by service provider about the standards,accessibility, and transparency. Consumer can getinformation regarding the rules and procedures followedin making the services available, details of cost, and itsstandards.

Consumer should be provided with factual informationto make a wise choice. They have the right for informationon proper use and risks associated with certain consumerproducts. There should be free flow of information relatingto issues of consumer concern. Appropriate informationenables the consumer act wisely and responsibly. Aresponsible consumer is essential. Consumers should beempowered with appropriate information. Consumers can

insist on getting all the information about the product orservice before making a choice or a decision.

Right to Choose

A consumer has a right to choose and buy the product ofhis choice. He should have access to a wide variety of goods,to choose the product of his choice. A wise consumer triesto spend the money at his disposal in a way that yieldsmaximum satisfaction. This involves exercising choice. Inother words, the market should be provided with a varietyof goods giving an option to the consumer to choose from.In a market where choice is not available, the consumer isforced to buy the available product at the price the selleroffers. The consumer is not given an opportunity to choosethe product of his choice. The trader has no right to restrictthe choice of consumer.

Meaning

The right to choose means the right to be assured, whereverpossible, of access to a variety of goods at competitive prices.In other words, the consumer has a right to select andpurchase the product of his choice out of a number ofproducts available in terms of quality and price of goods. Ashopkeeper cannot force or impress upon a customer to buya particular brand or type of product. Similarly the consumershould not be forced to buy through any sale gimmicks.

Restricted Choice

When the market is not with variety of goods at competitiveprices the consumer is left with no choice except buying theproduct available. In such kind of situations the trade can

� Fix the price he likes.� create artificial shortage and hike the prices� manipulate the conditions of delivery� Affect the flow of goods in to the market.

This kind of situation in the market is a form ofrestrictive trade practices. Restrictive trade practiceobstructs the free flow of capital or resources into the streamof production or of finished goods in the stream ofdistribution at any point before they reach the hands of theultimate consumer. The Monopolies and Restrictive TradePractice Act, 1969 (MRTP) was enacted to

a) Ensure that the operation of the economic systemdoes not result in the concentration of economicpower to the common detriment.

b) Prohibit monopolistic, restrictive and unfair tradepractices which are prejudicial to public interest.

Under this Act, the Government of India established acommission known as the Monopolies and Restrictive TradePractices (MRTP) Commission.

Powers of MRTP Commission

In case the trader is following any restrictive trade practices,by restricting the choices of consumer goods, or compellingthe consumer to choose within the limited variety, TheCommission can

i) issue temporary injunctions, i.e. stay order directingthe undertaking to stop indulging in the practicecomplained

ii) issue cease and desist order

iii) Issue directions.MRTP Commission is empowered to enquire into any

restrictive trade practice. In response to the specificcomplaints by consumer or consumer organization theCommission will find out whether the said practice isprejudicial to the public interest. If so, the commission mayby order direct to discontinue the practice or not to repeat it.

Thus, the consumer’s right to choose is well protected.It is the consumer who has to be alert and exercise the right.

Right to be Heard

The right to be heard means the right to advocate consumer’sinterests with a view to receiving full and sympatheticconsideration in formulation and execution of economic andother policies. It includes the right of representation ingovernmental and other policy bodies as well as in thedevelopment of products and services before they areproduced or setup. For the welfare of consumers andindividual has a right to be heard. He/she can express his/her view in various forums. The consumer is assured thathis/her interests will receive due consideration. Consumerscan express their view in the decision-making bodies.

Consumer Voice

To protect the consumer’s right to be represented, there is aneed to provide necessary forums for consumer’participation. The manufactures of goods, traders, serviceprovides, public and private enterprises who provide goodsand services to consumers have the responsibility to workfor the welfare of consumers. They need to provideopportunities for consumers to be heard. Their suggestionneed to be considered for the welfare of consumers the endusers.

� The manufacturing units can have customer carecentres. The consumer should be given a chance toexpress his/her opinion regarding the design andworking of the manufactured goods. Manycompanies care for their customers. They take theopinion of the consumers. The feed – back from theconsumers can serve as an input to come up withthe goods that are acceptable to the consumers.

� Institutions providing services to the consumers canhave consumer grievance redressal cell. Theconsumer complaints can be taken care in time.

Today most of public and private enterprises dohave consumer grievances redressal cell.

� Consumers need to have an access to Governmentto express their views on important issues.Government policies are for the people, therefore,the participation of people are utmost important.Consultation and participation are the two waysthat consumer voice can be heard. Consultationmeans Government approaches people for theirexpert views. Participation means people areinvited to take part in decision making. Peoplebecome members of various committees formed forformulating and implementing policies.

Platforms for Consumer Representation

Various platforms have been created for consumerrepresentation. Some of them are

� Consumer Redressal For a

� Consumer Protection Councils at District, State andNational Level

� Advisory Committees at District, State and NationalLevel

� Grievances and Redressal Cells of public utilitiesdepartments

� Consumer Care Centres

Need to be Organised

To be heard, consumers need to become organized. Consumerorganizations can raise their voice collectively. They can

� create/provide public forum

� take up issues of public interest

� initiate public discussions on the subjects of publicinterest

� insist on safety of consumer products� organize people through media� organize consumer forums for discussions on

various subjects of consumer interestThe right to be heard pertains to the right of the

consumer to express his opinion, observation and grievancesat appropriate for a, which should be accessible to theconsumers. Whenever a consumer has a complaint, he hasa right to be heard and also to be assured that his interestwill receive due consideration at appropriate for a. TheConsumer Protection Act has established a very effectiveQuasi-judicial mechanism to tackle with such complaintsand assured about the protection of interests of consumers,in a fair, economical and expeditious manner.

RIGHT TO REDRESSAL

Introduction

Redress means to ‘put things right’. When consumers havea problem with goods or services they have paid for, theyhave a right to seek redressal. The consumer has the rightto fair settlement of the genuine grievances. If theperformance or quality of a good or service is short ofexpectations, consumer can launch a complaint. Consumercan complain against any unfair trade; practice orunscrupulous exploitation of consumers.

The Right to seek redressal provides an opportunityfor the consumer to seek redressal against unfair tradepractices or unscrupulous exploitation of consumers. It alsoprovides right to fair settlement of grievances that aregenuine. The right ensures compensation for faulty goodsor services. Redressal is the natural follow-up of hearing ofcomplaints and making a settlement in a manner that isacceptable to consumer as well as the seller. The ConsumerProtection Act, 1986 was enacted in order to protect the

consumer from the exploitative and unfair practices of tradeand to provide inexpensive, easily accessible and speedyremedy. Various measures have been provided under thelaw for consumers to exercise their right to redressal.

Redressal Agencies

To help the aggrieved consumer, Consumer DisputeRedressal Agencies known as Consumer Fora are established.They are District Forum at district level, State Commission atState Level and National Commission at National Level.These are quasi-judicial bodies. They have been empoweredto give reliefs of a specific nature and to award compensationwherever appropriate. The services of these consumer foracover all public and private business, and service sector whichincludes banking, Finance, Transport, Electricity,Telecommunications, Entertainment and so on.

Types of Grievances

The consumer can seek redressal for various kinds ofgrievances. A consumer can launch a complaint in theappropriate consumer forum if

� a trader adopts unfair or restrictive trade practice;� goods bought are defective;� services of any kind suffer from deficiency;� the trader collects price in excess then the fixed

price, or the price displayed on goods or package,or the price displayed on the price list;

� goods which are hazardous to life and safety arebeing offered for sale;

� Services hazardous to life are being offered for sale.

Remedies Available to Consumers

In case of a genuine complaint the Consumer For a can directthe trader

� to correct the defects of a good;� to replace the defective good with another free from

similar defects;� to return the price or the charges paid by the

consumer;� to pay compensation;� to remove defects or deficiencies in services;� to discontinue unfair trade practices;� Not to offer hazardous goods for sale.For effective exercise of this right, various laws and

redressal mechanisms have been provided. Consumer mustmake complaints for genuine grievances. It is theresponsibility of the consumer to seek redressal. Consumesalone, or the organizations working for the welfare ofconsumers should come forward to register complaintsagainst greedy traders who exploit consumers.

RIGHT TO CONSUMER EDUCATION

Introduction

The right to Consumer education means the right to acquirethe knowledge and skills to be an informed consumerthroughout life. The right to consumer educationincorporates the right to knowledge and skills needed fortaking action to influence factors which affect consumerdecisions. Consumer education provides the knowledgenecessary to develop citizens into intelligent buyers. In abroader sense, Right to Consumer Education is consumers’right to know and be aware of all developments concerninghis environment which might affect his choices. Consumereducation has many sources and caters to different agegroups and sections of the society through various systemsof education. One of the pressing needs of consumerempowerment today is to initiate the younger generationinto the consumer education mainstream.

Consumer education may mean anything from thedevelopment of a known sense of buymanship to morecomplete realization economic and social possibilities of themodern industrial economy. It is an organized movementto improve the method of preparing people to assumematured consumer role within the society.

Aim of Consumer Education

The aim of consumer education is to

� increase consumer awareness� develop confidence

� assist in making sound decisions� realize the role of consumer in market economy

� Understand legal system that helps consumerexercise their rights.

� assist consumer to become a wise buyer� assist consumer to become a better manage of

resources

� Help consumer to become a better consumercitizen.

United Nation Guidelins

The Guidelines issued by the United Nations for consumerprotection are very useful, regarding the consumereducation.� The Government (Central as well as States) should

develop or encourage the development of generalconsumer education and information programmes,nearing in mind the cultural tradition of the people ofthis country. The aim of such programmes should be toenable people to act as discriminating consumers,capable of making an informed choice of goods andservices, and conscious of their rights and

responsibilities. In developing such programmes, specialattention should be paid to the needs of disadvantagedconsumers and those with low or non-existent literacylevel.

� Consumer education should become an integral part ofthe basic curriculum of the educational system,preferably as a component of the existing subjects.

� The Government (Central as well as State) shouldencourage consumer organizations and other interestedgroups, including the media to undertake education andinformation programmes, particularly for the benefit oflow-income consumer groups in rural and urban areas.

� Businessmen should, where appropriate, undertake orparticipate in factual and relevant consumer educationand information programmes.

� Bering in mind the need to reach rural consumers andliterate consumers, Governments (Central as well asState) should develop and encourage the developmentof consumer information programmes in the mass media

� The Government (Central as well as State) shouldorganize or encourage training programmes foreducators, mass media professional and consumeradvisers, to enable them to participate to carry outconsumer information and education programmes.

� Consumer education and information programmesshould over such important aspects of consumerprotection as the following• health, nutrition, prevention of food-borne diseases

and food adulteration;• product hazards;• product labeling• relevant legislation, how to obtain redress, agencies

and organizations for consumer protection;

• information on weights and measures, prices,quality, credit conditions and availability of basicnecessities; and

• Pollution and environment.

Benefits of the Right

The right encourages consumer� to acquire the knowledge and skills to be an

informed consumer throughout life

� critical thinking� imparts life skills

� improves understandingThe ignorance of consumers is mainly responsible for

their exploitation. Consumer Protection Act provides theright to consumer education. Therefore, it becomes the dutyof the Government to keep consumers informed of theirrights. Consumer education helps a consumer to protecthimself/herself against fraudulent, deceitful and grosslymisleading information, and other practices. Consumereducation brings alertness and ability to question about priceand quality of goods. Right to consumer education is animportant means to make use of other consumer rights.Therefore, right to consumer education should be given dueimportance.

RIGHT TO BASIC NEEDS

Introduction

Right to Basic Needs ensures the consumer the basic goodsand services, which guarantee survival. It includes adequatefood, clothing, shelter, health care, education and sanitationto lead a decent life. The right to satisfaction of basic needshas different meaning for different societies and countries.In the developing world, basic needs of a consumer would

be interpreted as adequate food, clothing and shelter,whereas the American or European Continent wouldinterpret basic needs of a consumer as fair quality ofconsumers goods or prompt, ensured and accountableservices. In a broader sense

� Every consumer has the right t basic needs andservices, which guarantee dignified living.

� It includes adequate food, clothing, shelter,healthcare, drinking water education sanitation,energy and transportation.

Measures to Enforce the Right

The following are some of the measures that can beundertaken:

� Adopting food safety measures, including safetycriteria, food standards and dietary requirements,effective monitoring, inspection and evaluationmechanisms

� Adopting food standards of Food & AgriculturalOrganization (FAO), World Health Organization(WHO), CODEX Alimentarius or generallyaccepted international food standards.

� Improving the quality and appropriate use ofpharmaceuticals through integrated national drugpolicies.

� Developing national drug policies that couldaddress procurement, distribution, licensingarrangements, registration systems and availabilityof reliable information on pharmaceuticals takinginto consideration the relevant work andrecommendations of the WHO.

� Developing, maintaining and strengtheningnational policies to improve the supply, distributionand quality of drinking water.

It is the right of citizen, in fact, to lead a decent andhealthy life. The Government should take appropriate stepsto ensure basic needs to its people. The welfare programsshould aim at enabling the citizens to fulfill their basic needs.

RIGHT TO HEALTHY ENVIRONMENT

Introduction

The right to healthy environment means the right to aphysical environment that will enhance the quality of life.It includes protection against environmental dangers overwhich the individuals have no control. It acknowledges theneed to protect and improve the environment for presentand future generations.

The right to healthy environment is in fact implicit inall rights that human beings have n every aspect of life. It isthe right to lead a healthy life style without dangers of water,air, soil and noice pollution. Healthy Environment includesboth global and local environmental conditions. The Ozonedepletion, global warming and increase in toxic wastes areas much infringement of the right to healthy environmentas polluted ground water supply or air laden with toxic gasesat local levels. Recently, the purview of healthy environmentfor consumers has been extended to the natural disasteroccurrences which have increased manifold owing tounsustainable development and unchecked growth.Consumers are now demanding the right to a safe andnatural environment.

� Consumers has the right to live and work in anenvironment which is neither threatening nordangerous but permit a life of dignity and wellbeing.

� They should get protection from environmentaldangers or ill effects of the pollution of air, earth,water etc.

Consumer Responsibility

It is a consumer’s responsibility to build a healthyenvironment. Consumption pattern of consumers caninfluence the production of goods. Wasteful consumptionof natural resources by some section of consumers has anegative impact on the natural environment of specificregions. For example, consumption of wood in urban areasis directly related to deforestation. The excessive use ofenergy by industry and urban-consumer is the reason forbuilding of large scale dams in the hilly regions.

It is essential to reduce, reuse, recycle and reject the useof non-biodegradable consumer products. A responsibleconsumer should switch over to products which re-environment friendly. Consumers should respect theinterdependence of man and environment and does not havean exploitative or wasteful attitude towards natural resources.

How to Exercise the Right

� Consumers individually and collectively reject the useof non-biodegradable consumer products

� Reduce the wasteful consumption� Conserve natural resources� Encourage the production of products that can be

recycled.

Consumer Responsibilities

A responsible consumer is consumer is one who ensuresvalue for the money spent on the purchase of goods orservices and marks the other fellow consumers aware oftheir rights and responsibilities. A responsible consumer’sactions or choices do not affect the rights and responsibilitiesof the other fellow consumers. In other words, anyresponsible consumer must not act in a selfish manner forgetting short term pleasure or profit.

In short, the components of consumer’s responsibilitiesinclude:

� Recognition of one’s power and ability to controlown consumption practices.

� Creation of an environmental friendly life-style, orwhat is known as, “green consumer life-style”.

� Awareness of accountability for one’s actions andpurchase decisions.

� capacity for rationale thought� Being a watchdog over the activities of the

industries and businesses.� Demanding the standards and quality of the

products.

Consumer Citizen

A consumer is a citizen. As a consumer, his range of activitiesand interactions extends from home to the market place. Butas a citizen, the area of his activity expands to encompassnot only what he can carry from the market to his home forpersonal use, but what he can give in return to society andto the environment. This involves not only action but alsothe decision to ct in a certain established or acceptablemanner. For example, as a user of market commodities hetakes partial responsibility for garbage disposal. As a userof natural resource he takes less care to conserve them. It isthe responsibility of a consumer to assume responsibility sa citizen and act accordingly.

Consumer’s responsibility towards the society is fulfilledonly when he/she assumes responsibility as an aware andalert citizen. He/she must behave knowing fully well thatthe environment is fragile enough and that it has to becarefully nurtured by each generation. Similarly with naturalresources and national resource, conservation of resourcesis his major responsibility. By doing so, the future

generations can benefit. The consumer’s responsibility as aglobal citizen involves to think and act for not only nurturingthe environment but also to reverse the damage caused.

A responsible consumer is a person who exercises hisdiscretion with full awareness of the implication of his rightto choice, and is accountable to other consumers as well asto the environment for his purchase decisions.

Responsible Consumer

To be an effective consumer and further his/her interests,and to make a proper choice, the consumer must beknowledgeable and empowered. The consumer interventioncan influence the market. Therefore, the consumer shouldact responsibly. The consumer should

� be alert in the market� should always check correctness of weights and

measures

� be conscious about date of manufacture and expiry

� observe pricing and ingredient labeling minutely� check the standards marks like ISI, Agmark, Eco-

mark

� See the terms and conditions of warranties andguarantees before making a purchase.

� assert but not abuse, the consumer rights whenseeking value for the money in market placetransactions

� know what and when to ask questions

Consumer Responsibilities

A responsible consumer should take active part in consumerprotection. Consumer International, a world body ofconsumer organizations, has identified the followingconsumer responsibilities.

Critical Awareness

� To be alert and questioning about the goods and servicesused

� Not to be tempted by clever and misleadingadvertisements with exaggerated claims of products andservices, but to critically examine the utility of theproduct or services and the guarantees and warrantiesattached to them.

� Examination of products and offer for services

� Exercising of choice on the basis of comparison ofrelative merits of products and services, wherever suchchoice is available

� Adopting an attitude of non-compromise in case ofquality of goods and services to ensure full value forthe money paid.

Being Prepared to Act

To raise one’s voice and protest against any form ofexploitation by Trade and Industry or violation of any ofthe consumers’ rights in regard to quality of goods andservices, he/she should be prepared to take action to enforcefair and just demands.

Social Responsibility

To be concerned about the impact if his/herconsumption on other citizens, particularly in relation todisadvantaged groups, in local, national or internationalenvironment.

Environmental Awareness

To be sensitive to environmental degradation and pollutionin order to prevent waste and ensure conservation of naturalresources.

Solidarity

To be ready to join forces and act together to strengthenconsumer movement and consumer protection measuresthrough networking and campaign and advocacyprogrammes on various consumer issues.

Consumr Rights and Associated Responsibilities

To make the children as responsible consumers is the mainMoto. To be more clear to young minds consumerresponsibilities are discussed in terms of each right.Consumers have a responsibility to exercise their rights andnot to be victims. These rights have value if the associatedconsumer responsibilities are exercised. More precisely,consumer responsibilities are the expectations of theconsumers while exercising their rights.

Specific consumer responsibilities in the light of eachright are listed below.

Responsibilities in association with Right to Safety

A consumer has a right to be protected against product,production process and services, which are hazardous tohealth or life. To exercise this right, it is the responsibilityof consumer to

� use products with reasonable caution and care andreport defects

� carefully read product labels and use products asintended

� read the instructions manual and follow andinstructions carefully

� read warning labels if any� question sellers about the safety attributes of

products� examine merchandise for safety features before

buying

� assume personal responsibility for normalprecautions when using a product

� inform retailers, manufacturers, industry andGovernment agencies when a product does notsatisfy safety standards

� Support efforts to improve safety for all consumers.

Responsibilities in association with Right to Information

The consumer should be provided with facts needed to makean informed choice or decision. Consumer must be givenadequate information enabling them to act wisely andresponsibly. They must also be protected from misleadingor inaccurate publicity material, whether included inadvertising, labeling, and packaging or by other means. Itis responsibility of a consumer to

� use available information and make sound choices

� see out accurate information about products andservices

� read advertisements and promotional claims� question the sellers about products and service

when information is not available or not clear

� support sellers who make serious efforts to provideuseful information to all consumers

Responsibilities in association with right to choose

A consumer should have access to a variety of products andservices at competitive prices. An option should be availablet the consumer. It is the duty of the consumer to see that hehas been given an option to

� Exercise the right to make a wise purchase� Understand their personal motivations for buying

certain products and services.� Recognize persuasive selling techniques

� Compare products for both price and quality

� Exercise independency of judgment in decisionmaking

� Avoid buying by habit� Choose carefully

� Practice comparative shopping in an effort to getthe best product or service that in the buyer’sopinion represents acceptable quality at a fair anda low price.

� Consider the cost of time and other resources indecision making

� Continue to buy when products and services aresatisfactory

� Discontinue to buy when products and services areunsatisfactory

� Recognize the ecological consequences of choices� Be honest in dealing with sellers

� Make purchases from sellers, who supportconsumer rights.

Responsibilities in association with Right to be heard

It is the right of a consumer to advocate consumer’s interestswith a view to receiving full and sympathetic considerationin formulation and execution of economic and other policies.It includes the right of representation in governmental andother policy-making bodies as well as in the developmentof products and services before they are produced or set up.The consumer should take responsibility of offering soundsuggestion. He should

� become informed and speak about issues that affectall types of consumers

� seek remedies to consumer problems

� seek to set right the wrong practices at the marketplace

� assist others in asserting their consumer rights

� Support efforts to increase the ability of consumersto participate effectively in industry andgovernment decision making.

Responsibilities in association with Right to Redress

It is the right of a consumer to receive compensation formisrepresentation of shoddy goods or unsatisfactoryservices. It is the responsibility of a consumer to seekredressal in case a trader or manufacturer has cheated. Theconsumer should act in time. He/she should not let thetrader take him for granted. A responsible consumer should

� Know where and how to go about seekingredressal.

� Speak up when errors occur, when safety problemis apparent and when the quality of products orservices is inferior.

� Make suggestions for product and serviceimprovement.

� Complain to or compliment sellers as appropriate.

� Seek satisfaction directly from the sellers beforeusing other forms of redressal.

� Utilize informal dispute redressal mechanism whenavailable

� Seek out and utilize third party complaint handingprocedures where available.

� At appropriate time use the legal system to getredressal.

� Support efforts to broader access to redressalmechanism for all consumers.

Responsibilities in association with Right to ConsumerEducation

Consumer has a right to acquire the knowledge and skillsto be an informed consumer throughout life. The right toconsumer education incorporates the right to knowledgeand skills needed for taking action to influence factors whichaffect the consumer decision. A responsible consumershould

� become more informed about how to get money’sworth from the market

� learn to assert all the consumer rights

� become more knowledgeable about the marketplace and the consumers role in it

� learn how to protect and assist the consumerinterest

� become an educated consumer

� Support efforts to make consumer information andeducation accessible to all.

Responsibilities on association with Right to Basic Needs

Consumer has a right to basic goods and services whichguarantee survival, i.e. to get adequate food, clothing,shelter, health care, education and sanitation. On the otherhand, it is the responsibility of a consumer to

� become aware of goods and services that guaranteedecent living

� acquire knowledge about the quality of goods andservices available

� gather information on the availability of goods andservices of various kind

� demand for prompt, ensured and accountableservices

� demand for proper sanitary conditions

Responsibilities in association with Right to HealthyEnvironment

Consumer has a right to a physical environment that willenhance the quality of life. It includes protection againstenvironmental dangers over which the individuals have nocontrol. It acknowledges the need to protect and improvethe environment for present and future generations. Aresponsible consumer should see that his actions have noadverse effect on the environment. It is his responsibility to

� be informed about environmental issue� Learn the environmental effects of alternate

product/service choices.

� compare products for their effects on theenvironment

� make reasonable and environmentally soundconsumption choice

� support sellers who practice healthy environmentalpolicies

� Support efforts to stop the use of consumerproducts that are harmful to the environment andto enhance the availability of environmentalfriendly goods.

A responsible consumer should understand his role inconsumer protection to act positively in time. A responsibleconsumer should think critically, act positively, be awareof his activities, act with environmental concern andshoulder the responsibility of organizing fellow consumersfor the welfare of well being of the humanity.