Consumer Rights & Protection Guide
Consumer Rights & Protection Guide
Consumer Protection
                                                                 12
        AT A GLANCE
APTER
CONSUMER PROTECTION
                                          District Commission
 The District Consumer Disputes Redressal Commission, to be known as the District Commission.
  is established by State Government in each district of the State.
 The District Commission shall have jurisdiction to entertain complaints where the value of the
   goods or services paid as consideration does not exceed one crore rupees.
   On receipt of a complaint, the District Commission may, by order, admit the complaint for
   being proceeded with or reject the same
  At the first hearing of the complaint after its admission, or at any later stage, it it appears to
    he D'strict Commission that there exists elements of a settlement which may be acceptable to
    parties, it may direct the parties to give in writing, within five days, consent to have their
    dispute settled by mediation in accordance with the provisions of the Act.
  Case of failure of settlenment by mediation, the Distriet Commission shall-ask the opposite
      mentioned in the complaint directing him to give his version of the case within a period
      Ot
       thirty days or such extended period as the case may be.
      OPPosite party on receipt of a complaint referred to him denies or disputes the allegations
      n e d in the complaint, or omits or fails to take any action to represent his case within the
      Negiven by the District Commission will proceed to settle the consumer dispute
      nse the complaint alleges a defect in the goods which cannot be determined withoutprope
      o r test of the goods, obtain a sample of the goods from the complainant, seal it and
                    it in the                                                                    sealed to   the
      cate                       manner as may   be   prescribed and   refer the   sample   so
       appropriate laboratory.
                                                                                    Consumer Protection      355
On    receipt
            of the
                   report from the appropriate laboratory, the District                 Commission shall
 easonable opportunity to the complainant as well as the opposite party off 1being heard
In case the                                                                                                        give a
                 aggrieved
                        party is not satisfied with the order of the District
                                                                         rict
 appeal before the State Commission within 45 days of the passing of the order.          he  Commission,             can
                                                   State Commission
State   Consumer Disputes Redressal Commission,                   to be known      as   the State
                                                                                                    Commise
  established by State Government in each State.
  A
                                                                                                         mission, is
    complaint can to be made to the appropriate State Commission when the value of
  or services in                                                                   the.
                 question, along with the compensation claimed, exceeds 1 crore but dOds
  exceed 10 crore.
On
   receiving the       complaint, the State Commission shall refer the complaint to the party.
 whom the
  in a
                  complaint is filed. If required, the goods or a sample thereof, shall be sent
                                                                                            sent for    ainst
                                                                                                  for testing
          laboratory. The State Commission shall pass an order after considering the test report
                                                                                          reporh from
   the
         laboratory and hearing to the party against whom the complaint is filed.
 The      appeals against       the orders of     a   District Commission   can   also be filed
   Commission                                                                                       before   the   CeState
 In        the aggrieved party is not satisfied with the order of the
         case
                                                                      State
   appeal before the National Commission within 30                          Commission, he can                       .
                                                     days of the passing of the order.
                                                  National Commission
 National Consumer Disputes Redressal
                                           Commission, to be known as the National
  is established by Central
                            Government and has territorial jurisdiction over the whole   Commission
  A
     complaint can to be made to the National Commission when the value of the country.
  services in question, along with the                                                      goods or
                                       compensation   claimed, exceeds 7 10 crore.
 The appeals against the orders of a State
                                              Commission can also be filed before the
  Commission and no further within 30 days of                                               National
 An order
                                                  passing of order.
             passed by the National Commission in a matter of its original
  before the Supreme Court if the                                          jurisdiction is
                                   aggrieved party was not satisfied with the order of theappealable
   Commission.                                                                              National
   Spurious goods means such goods which are falsely cia1med to be genuine
  n t a i r trade practice means a trade practice which, for the purpose of promoting the sale,
     se or supply of any goods or for the provision of any service, adopts any unfair method or
        unfair       or
                          deceptive practice.
                                                                   Source : The Consumer Protection Act, 2019
sapuase essarpay
                                                 Responsibilities of a Consumer
                        aoueuoduy
Role of NGOs
#appy Leanning!ll
                                                                                                   Consumer Protection 3 5 9
                                            Concept & Rellefs Available to a Consumer
              Post                 Pay a reasonable amount of compensation for any loss or injury
                                     suffered by the consumer due to the negligence of the opposite
                                     party
          ndian                    ksue corrective advertisement to neutralise the effect of a
                                    misleading advertisement.
          Royal                    Remove the defect in goods or deficiency inservice
     Hujnabi                       ay punitive damages in inappropriate circumstances.
  Destination                      Discontinue the unfair/restrictive trade practice and not
        Wedding
                                                                                                    to
                                                                                                         repeat
                                                                                                         repeat it in #h.
                                                                                                                      the
   Ceremony
                                   Withdraw the hazardous goods from sale.
                                   Cease manufacture of hazardous goods and            to desist from
                                                                                                                            fuure
                                                                                                         offering hazard
                                    services                                                                            lous
         ituals                    Replace the defective product with a new one, free         from any
          hotos                                                                                            defect.
                                   Pay adequate costs to the appropriate party.
            Not                    Not to offer hazardous goods for sale.
   Reception                       Refund the price paid for the product, or the charges
                                                                                         paid for the servjice
          Photos                   Pay any amount (not less than 5% of the value of the defective goods o r .
                                     services provided), to be credited to the consumer welfare
                                                                                                fund              or         ficient
                                                                                                                       any oth
                                    organisation/person, to be utilised in the prescribed manner.
                        sufferedd
Ote
         injuries
                                            case.
 being
fortheviolated  in the given
        olated in
              to
                   be
                         heardrd                                           (6) Right to seek redressal
(a)
   Right
              to
                   c o n s u m e r
                                       education                           (d) Right to safety
d Right
      onsumer
                        court in Pune slapped a R55,000 fine on a reputed online food-delivery
 ACOnsulong  witha a hotel for delivering non-vegetarian food to a lawyer who had
   any along with
companygetarian dish. He had ordered paneer butter masala but was delivered butter
 rdered a        vegetarian
 Deshmu                          es
                         to both the restaurant and the online food-delivery company for
                       sent notices
 hurtingreligious  sentiments'. Identify the right of consumers being violated in the given
         religious sent
 case.
                                          (b) Right to seek redressal                          What is the price
           to          be heard
 (a) Right                                (d) Right   to safetv
                                                                                                 of a scrap book and
                 to be assured                                                                  how many pages does5
  Right                                                                                             itcontain2
                                  of   consumers     being promoted                in the
4.Ildentify
                the     right
  given picture.
                        seek redressal
  (a) Right to            education
  (6) Right to
                        consumer
                information
  (c) Right to
                   heard
   (d) Right to be
                                                                                                       Wowl!! I have
                                                                                                      been offered a
 5. Identify the responsibility of consumers being                                                  discount of 10% on
  6. Recently, Yamini purchased a pack of dog food for her pet. It was nowhere mentioned
                                                          water in order to ensure easy digestion.
      on the pack that it had to be mixed in lukewarm                 it in cold water. As a result,
      Therefore, Yamini kept serving the food to her pet by mixing of consumers
                                                            the right                being ignored
      ner pet fell ill and had to be hospitalised. Identify
       by the company marketing the pet food.
       @) Right to consumer education
       6) Right to information
       c) Right to be assured
       (d) Right to be heard
   7. Idse an aggrieved consumer is not satisfied with the decision of the State Commission,
       he can          make       further                                        within 30 days of passing of order.
                              a
                                            appeal   in   * * * * * * * * * *
 1.
            .           refers to providing education to consumers about their                                 rightss and
      responsibilities and also helping them in getting their grievances redressed.
 2. A.                   . . .   refers to any person who              uses or consumes      goods   or   avails of
      service                                                                                                       any
 3. A....                . . of a deceased consumer can file a case on behalf of a consumer.
 4. A             can to be made to the appropriate District
        complaint                                            Commision when the value of the
      goods or services in question, along with the compensation claimed, does not excerd
  5. A             be filled
          case can
                                  in.           .
                                             Only when the value of the goods                             or   services in
       question, along with the compensation daimed, is more than R10 crore.
 6.According to right to             .        the consumer has the freedom to select from a
       variety of products according to his/her needs and desires.
  7. According to the right to ..    the        consumer has a right to gain knowledge
     and to be a well informed consumer throughout life.
  8. A consumer should            buy only . .          .goods as they provide quality assurance.
  9. An
             order passed by the
       appeal-able before the .
                                         National Commission in a matter of its original jurisdiction
                                                     if the aggrieved party was not satisfied with the
                                                                                                      is
       order of the National Commission.
                                                .
 10. In   case
                 the aggrieved  party is not satisfied with the order of the State Commission, he
       can   appeal  before the National            Commission within ...
                                                                                         .      days of the passing
       of the order.
6.A l l
                      members of National Commission                   are
                                                                             appointed by
                                                                                      the Central Government.
       the
    1. I n     case           aggrieved party         is not satistied with the order of the State
                                                                                                   Commission, he
    1.pDeal
        peal before the                      Supreme      Court within 30 days of the passing of the order.
               case   aa   consumer is not satistied with the
                           cons                                         order    passed
                                                          in the State Commission, he can
    8. In
          her make
      further make                an   appeal in the     National     Commission within a
                                                                time period of 45
                                                                                  days.
      An   order
     9. An ord   passed by  the  state Commission can be challenged   before the National
        Commission and no further.
          An order passed by the National Commission in a matter of its original jurisdiction is
10.4
          appealable before the supreme Court it the aggrieved party was not satisfied with the
          order of the National Commission.
     v. Match the following by choosing the correct option.
      .                                 Column A                                                       Column B
                 i) Consumer gets a relief                                                (a) Right to information
                (in) Offeringg a wide variety of goods                                    (b) Right to be heard
                (ii) Providing details about the product                                   (c) Right to be assured
               (a) )-©); (Gi)-d); (ii-(a); (v)-(6)                           (b) (-6); (i-la); (ii-td); (iv)-(c)
               ) ()-d); (i)-c); (ii)-(a); (iv)-(6)                           (d) 0-d; (n-c; (ii)-(a); (iv)-(b)
          2.
                                                 Column A                                                     Column B
                  ) File a case when the value of the goods or services                               (a) State Commission
                           in question, along with the compensation claimed,
                           does not exceed 71 crore
                  (in) File a case when the value of the goods or services                             (c) Right to safety
                            in question, along with the compensation claimed,
                            is more than 710 crore.
                      t) File a case when the value of the goods or services                           (d) National
                             in question, along with the compensation claimed,                              Commission
                            is between 71 crore          F10 crore.
                 (a) )-(a); (ii)-(d); (ti)-(c); (iv)-l6)                       b) (-(6); (Gi)-(c); (ii-(d); (iv)-(0)
                  c)       (i)-c); (i)-td); (i)-(a); (iv)-(6)                  d) ()-d); (i)-(c); (Gii)-(6); (iv)-(a)
ANSWERS
 I. Previous Year's CBSE Board Questions
 1. False; Asserting oneself to nsure that one gets a fair deal, is the responsibility
       consumer.
                                                                                                              of a
 2     (d) None of the above       as    she (Sheela) went to   a    free eye camp and    got her eyes onar
                                                                                                         erated
       for cataract
II Additional Multiple Choice Questions
     1. (b)       2 d)         3. ()            . (c)       5. (c)         6.()          7. (a)      8. (0)
QUESTION 1:
                               d   a bike from Sarnath Automobiles with a written
                                                                                        guarantee to
Vvek purchased
                              essary, within six months or 5,000 kms of distance travelled whichever repair
                                                                                                              or
                          neces                                                                      is earlier.
eplace,if
After coveringthedistance of 400 kms in two                    months, the gears of the bike started giving
                           Vivek took the bike to the dealer who refused to listen to his complaint. He waas
p   r
        blenahout what he should d0. Suggest the rights that Vivek may exercise in the above
        o   b       l
c o n t u
c   a   s   e   .
                                                                                              (CBSE, OD 2019)
ANSWER:
                        to be heard may be exercised in the above case by Vivek
QUESTION 2:
0.ta Sharma who works as a guard in a school, purchased two shirts for T460 each for her
n. When she went back home, she realised that the shirt was small in size for her son.
She decided to ask for return of money or exchange of the shirt with an appropriate size.
She
But the store owner refused to return the money or exchange the shirt. Rita Sharma was
disheartened. Her friend advised her to g0 to "Seva Sadan', an autonomous voluntary
about    rights as a consumer and helped her in filing the complaint and getting relief. With
the help of the organisation Rita was able to get her money back from the store. Enumerate the
rights of a consumer which Rita Sharma was able to exercise with the help of the voluntary
organisation.
ANSWER:
The rights of a consumer which Rita Sharma was able to exercise with the help of the
voluntary organisation are described below:
                    a) Right to consumer education: According to this right, the consumer has a right to
                       gain knowledge and to be a well informed consumer throughout life.
                    (b) Right to be heard: According to this right, the consumer has a right to file a complaint
                        and to be heard in case of dissatisfaction with a good or a service.
                    () Right to seek redressal: According to this right, the consumer has a right to get relief
                       in case the product or service falls short of his/her expectations.
    QUESTION 3:
    Sur
    uman wanted to purchase a sandwich toaster. She checked about the various sandwich
    Oasters available online and compared the prices so that an intelligent and wise choice
    could be made. Then she went to a nearby market to buy the sandwich toaster. Beirng an
    nrormed consumer, she looked for the correct standardisation mark. The shopkeeper showed
    r                   ditferent toasters but was quoting a higher price than the price she had checked online.
    e r negotiating with the shopkeeper, she was able to bring the price down. As a responsible
    sumer, she asked for a cash memo, against the amount paid for the product and took
    the d e r home. On opening the package, she found an instruction booklet, which she read
 QUESTION 4:
 Sumit purchased as ISI marked washing machine of a famous brand 'MG from TG Electronis
 Ltd. The shopkeeper asked him to wait for two days for installation of the machine.His
 friend, Vivek was very fond of experimenting with new electronics products. He told Sumit
 that there is no need to wait for the company's representative to install the machine and
 that he could do it. So, both of them instlled machine without following the manufacturer
 instructions. Initially the machine worked effectively and the wash was good. But after two
 days the machine stared stopping in between the wash cycle. Sumit and Vivek tried their
 best to start the machine but failed in their efforts. Sumit therefore approached TG Electronics
 Ltd. which refused to provide any service on the plea that the installation of the machine
 was   not done       the company.
                        by
      (a) State the responsibility which Sumit had to fulfill as an aware consumer to get the
          services of the company.
      (6) Explain briefly any two rights which Sumit could have exercised had he fulfilled hs
          responsibility identified in part (a).                          CBSE, Delhi 2018)
ANSWER:
                                                                                             ces
      (a)   The responsibility which Sumit had to fulfil as an aware
                                                                       consumer to get ueollow
            of the company is to learn about the risks associated with
                                                                       products and services
            manufacturer's instructions and use the             products safely.
QUESTION 5:
  ntifv the right of a consumer under Consumer Protection Act, 1986 which Consumer
anizations help a consumer to claim by performing the function of "encouraging consumers
strongly protest and take an action against unscrupulous, exploitative and unfair trade
practices of sellers".                                                  (CBSE, Sample Paper, 2018)
ANSWER:
Right to be heard is the right of a consumer under Consumer Protection Act, 1986 through
which Consumer organizations help a consumer to claim by performing the function of
"encouraging consumers to strongly protest and take an action against unscrupulous,
exploitative   and unfair trade    practices   of sellers".
QUESTION 6:
Indian Youth Organisation (IYO) organised a visit of its members to an old age home to
inculcate the habit of social work among them. The visit revealed that the living conditions
of the inmates of the old age home were not hygienic. So, the TYO members decided to clean
the premises. During their cleanliness drive, they realised that the old age home also required
pest control. But some of the inmates of old age home were reluctant for it because they
believed that the pest control may create health problems for them. IYO, therefore decided
to provide ethical, safe and odourless pest control. They showed to the inmates of old age
home a pamphlet of the proposed pest control product which promised easy, inexpensive and
long lasting pest control. The inmates happily agreed and the pest control was carried out. It
worked for a fortnight but to their dismay the effect started wearing off. IYO contacted the
pest  control company which kept on postponing their visit. After waiting for a month, IYO
filed a cased in the consumer court.
    The consumer court was satisfied about genuineness of the complaint and issued necessary
directions to the pest control company.
    (a) State the six directions that might have been issued by the court.
                                                                                    (CBSE, Delhi 2017)
ANSWER:
    (a) The six directions that might have been issued by the court are as follows:
        Reliefs available to consumer
                               a
        () To remove the deficiency in service.           (i)To refund the charges paid for the service.
       in) To pay a reasonable amount of compensation for any loss or injury suffered by the
               consumer due to the negligence of the opposite party.
                                                                                 Consumer Protection    367
      (iv)To discontinue the              unfair/restrictive      trade   practice         not
                                                                                       and not   to repeat
             future.                                                                                              in the
                                                                      value of the      detective goode.
        () To pay any
             services provided), (not
                            amount             less than 5% of the
                                  to be credited to the Consumer Welfare Fund
                                                                           Fund
                                                                                                   goods or defici
                                                                                                        or
                                                                                                             deficient
             organisation/person, to be utilised in the prescribed manner.                                    any other
        (o1) lo issue corrective advertisement to neutralise the effect of
                                                                        of aa                                misleading
             advertisements.
QUESTION 7:
Ronit Raj, a marketing manager is a patient of diabetes for which he takes medicines
                                                                                 nes
One day, on his tour to Patna, he met with an accident and was hospitalised. Due
                                                                             Due to d
negligence a delicate nerve of his right leg was cut rendering hum crippled throuoktor's
                                                                                                              regularly
life. Identify the consumer right that has been violated by the doctorS under the                             ghout his
Protection Act, 1986 in the above situation                                            (CBSE, Sample Paper,
                                                                                                            2017)
 ANSWER:
Right to safety is the consumer right that has been violated by the doctors under the Cone
Protection Act, 1986 in the above situation.                                             sumer
 QUESTION 8:
Sirajuddin purchased         a    car   for 715 lacs from      an   automobile company and
                                                                                       thatt s        found
airbags were defective. After many complaints with the company that went unheard              ts
filed a case in the District Commission. He was not satistied With the orders            d, he
                                                                               of the Distri
Commission. He then appealed before the State Commission and on
the orders of State Commission, he                                    being dissatisfied wi
was not satisfied with the orders of
                                      appealed  before the
                                                           National Commission. Sirajuddin
                                     National Commission. suggest him the
where he could appeal against the decision of the National                 highest authority
                                                             Commission.
                                                                                       (CBSE, Sample Paper, 2017)
 ANSWER:
Sirajuddin  cannot appeal to any other
                                        higher
which have been directly filed in the National authority.
                                                          This is because only those
                                                                                     matters
                                              Commission and where the value of
services in question along with the                                               goods and
before Supreme Court.                 compensation claimed exceed F10 crore are                              appealable
QUESTION 9:
Manuj bought a packet of chips from a local shopkeeper and found that the
on  the label were not
                       legible.  He complained about it to the               ingredients given
written apology stating that                                   company.  The   company sent a
the market and new
                               they will make sure that
                                                        existing packets are withdrawn from
                     packets with legible labels are soon made available.  State the consumet
right which Manuj exercised.
                                                                                                 (CBSE, Delhi 2016)
ANSWER:
Right to be heard has been exercised                  by Manuj.
QUESTION 10:
Suman    bought     a   box of cheese ofa
                                          reputed brand                                      the
box, she found      a
                      piece of stone in the cheese. She from a local shopkeeper.
                                                                            eper. On opening
                                                                                            who
forwarded     her   complaint to the concerned company.reported the matter to the      eper
                                                                          Within  shopative of
                                                                                       week, the
                                                                                   a
                                                                                                   represt
368     Case Studies Mentor in
                                 Business Studies-x
                             Suman's residence with an apology                   and   as a
                                                                                              replacement offered
          pany visited
thecompa
                          with four other varieties«of           cheese                                      her        a
       ompack
       cheese
                 pack
                         wi
                                                                           as
                                                                                compensation for the inconvenience
new
  h e r
                                                                by Suman.
ANSWER:
QUESTION 11:
                     alwavs went to a specific shop to buy all consumable and non-consumable goods.
Manvendra
Man hoD, aa variety     of products of different brands were displayed nicely and the sales
                variety of
        shop,
nn this     able also gave good sales presentations if required. But this shop was quite
   this
 erson       availab
              the consumer's              right    which Manvendra had exercised.                   (CBSE, Foreign 2016)
 shops. State
ANSWER:
  ANSWER:
  Right to consumer education has been exercised by Himesh.
   QUESTION 13:
  On Sonika's birthday, her mother gave her a pair of gold earrings. After one month, Sonika
  observed that the            earrings
                            were       their shine. She checked the mark on the earrings and
                                                 losing
         d that it was not a proper Hallmark and her mother had been cheated by the shopkeeper.
   So, she filed a complaint in the District Commission which rejected it. Not satisfied by the
                                                                                                    two months,
   ecision of          the   District Commission,         she   was   very much disturbed and after
   she    decided to appeal further.
         Can Sonika appeal against the decision of the District Commission? Give reasoninsupport
   of your answer.                                                                                     (CBSE, Delhi 2015)
       ANSWER:
       ,Sonika will not be able to appeal further in the State commission. This is because two
       nths have already passed and the appeal had to be filed within 45 days of the passing or
       the order
                      by the District Comnmission.
                                                                                                  Consumer Protection   369
QUESTION 14:
imanshu purchased a new car from 'Galaxy Motors' for 25 lakh. He was ofer
insurance for the first vear and three free servicing to be availed after the car had free
5,000 km, 10,000 km and
                    and 15,000 km, respectively. When Himanshu took the car for tered
                        15,000 km, resperu                ew
                                                    and first service
ree servicing, he was told that the car was not new and       service had
                                                                      had         e first
                                                                                               alreadu
                                                                                               already
availed    onthis car. He felt cheated and filed a complaint in the State Commission
not satisfied with he decision of the State Commission, after two months he
                                                                                                           been
                                                                                                          Bein
                                                                             decided                      ng
an
     appeal against      it.
   Can Himanshu appeal against the decision of the State Commission? Give
                                                                     Give                          reason in
support of your answer.
                                                                                                CBSE, 2015)
ANSWER:
      No, Himanshu will not be able to appeal further against the decision of State Commi
 in the National Commission. This is because two months have already passed and the aon
 had to be filed within 30 days of the passing of the order by State Commission.
 QUESTION 15:
 Palak went to a shopkeeper to buy a hair oil. The shopkeeper
                                                                forced her to buy a particulular
 brand of hair-oil out of various available brands, irrespective of
                                                                     the wllingness of Pala
 Which right of Palak, as a consumer, has been violated? Name and explain the
                                                                                                 right.
                                                                                        (CBSE, Delhi 2013)
 ANSWER:
 The Right      to be     assured has been violated in the                      Palak
                                                             given   case as             was   forced     by   #h
 shopkeeper to buy a particular brand of hair oil.
      According to the Right to be assured, the consumer has a right to choose from a variety
  of products at
                 competitive prices. Also, the marketers should offer a wide variety of producs
  to buyers.
  QUESTION 16:
  Harsh asked for a bottle of mineral water from a
                                                   shopkeeper. The maximum retail priceof
  printed on the bottle was 12 only whereas the shopkeeper was charging 735. In spite
  many arguments, the shopkeeper was not ready to sell the bottle for less than 35. Harsh
  was in need of it and had no
                               option except to buy. As an aware consumer, name and explain
  the right which Harsh can exercise.
                                                                               (CBSE, OD, Comptt. 2013)
  ANSWER:
     As an aware customer, Harsh can exercise his
                                                  Right to be Heard. The consumer has a right
     to be of a complaint and to be heard in case he/she is dissatisfied with a product or a
  service
     QUESTION 17:
     Anita purchased a book from Satish Book Store. While
                                                               reading the book, she found that
     sixteen pages were missing. She
     the missing pages. The seller
                                      approached   the seller of the book and complained adou
                                   promised that if the publisher was ready to change the Dou
     he would change the same. After a week, the seller informed Anita that the publisher hau
     refused to change the book.
ans
    your
d                                                                                                    (CBSE, 2011)
ANSWER:
                 .alhte of the goods or services in question, along with the compensation claime,
Since, the
                exceed
                             1
                             <l   crore she.
                                  crore she will file a case in the District Commission.
          not
does
      A    consumer',
                         is generally understood as a person who uses or consumes goods or avails
                ervice. A person who buys goods for commercial purpose or resale will not be
                                  consumer.
consider
                ed   to be a
QUESTION 18:
        ourchased anan ISI mark electric iron from Bharat Electricals. While using it, he found
                purchased
Prakhar
           not
          not
               working
             was
                         properly. He approached the seller and complained about the same.
   it
that
 thatller satisfies Prakhar by saying that he will ask the manufacturer to replace the iron.
                   refused to replace and Bharat Electricals decided to file a complaint in the
    he manufacturer
    consumer c o u r t .
          Can Bharat Electricals do this? Why? Also explain who is a consumer as per Consumer
    Protection Act, 2019.                                                                      (CBSE, Delhi 2011)
    ANSWER:
                       Electricals will     not   be able to file    a   complaintunder Consumer Protection Act
    No. Bharat
    2019 because according
                           to this act                 a
                                                           person is not deemed to be a customer if he buys goods
    for resale or commercial purpose.
ADDITIONAL QUESTIONS
          QUESTION 1:
                                                                  for 50,000 as a birthday gift for her
          rs.   Anu Arora    bought a recliner from an online store          recliner was not delivered
                                                                  online the
          On.    Inspite of paying the full price of the product               the matter with the store
              ner residence on the due date. When all her efforts to persue
          a                                              case in the District
                                                                               Commission. The District
          er a period of one month failed, she filled aestablished
                                                                     deficiency of service by the to
                                                                                                   store
           Lommission    held that Mrs. Anu Arora had
                                                                     of the recliner and was entitled
                    Was delay in handling over physical possession
           as
            E
          compensation.
                                                                                              Consumer Protection   371
  In context of the above case:
                   and explain the two        consumer   rights   which     are   eing discussed above,
                                                                                  being               -
  (a)   ldentify
                           other relief for which the court may        give   directions to
                                                                                              the s
                                                                                              the
  () State any       one
               consumer has the right to get relief in case the product   ict or service falls
                                                                                                 short
               his expectation. The various reliefs available
                                                               to the consumers
                                                                                    includes efund ofbf
               amount paid for the goods, replacement of goods, removal of defects, comn  efects, compensation
              for any loss suffered etc.
    (6) To discontinue the unfair/ restrictive trade practice and not to repeat it in the f
                                                                                                                ture.
QUESTION 2:
Geetika booked two coach seats online through the website of a transportation company from
Delhi to Nanital. As per schedule its departure time was 9.30 a.m. The description on the
website stated that the coach would have full on-board services hosted by a steward with
individual LCD screen preloaded with movies. One day betore the trip, she was informed the
 departure time would be delayed by two hours as the bus had broke down. When Getika
 finally boarded the coach, she was told that it was free seating despite having booked the
 seats online. She eventually had to sit in a seat that was dirty. She later realised that the
 LCD monitor screen at her seat was not working. Furthermore, there was no Wi-fi services
 as promised on board. After the trip, Geetika provided her feedback to the company and
 requested for a refund for the unsatisfactory services rendered. Since the company refused
 to offer any relief, she has decided to file a case as it is an unfair practice for a business to
 make misleading or false claims in relation to a consumer transaction.
        In context of the above case:
        (a) Identify the responsibility of a consumer being fulfiled by Geetika.
        (b) According to you at which level of redressal machinery should Geetika file a case?
        (c) Suggest any two reliefs that the court may provide to Geetika in case it is convinced
            about the genuineness of the complaint.
 ANSWER:
        (a) The responsibility of a consumer being fulfiled by Geetika is to file a complaint
            an appropriate consumer forum in case of a shortcoming in the quality of gooas
            purchased or services availed. Do not fail to take an action even when the amoun
            involved is small.
        (b) Geetika should file a case in District Commission.
        (c) The two reliefs that the court may provide to Geetika in case it is convinced ab ut
            the genuineness of the complaint are as follows:
qUESTION3 :
                     ment Badri
              engagement
                                    took
                                          his hnance vaidahi          for   a   dinner date
    his There
After
   his
        ehe      had to
              he had             face   humiliation and         loss of
                                                                                              to   five star hotel in
                                                                                                   a
y nrd
the
    city
      debit card
                  at    hotel to pay the bills failed, reputation
                  at a hot  a
                                                                                       as a   transaction using the
sk's ahilled amount in his account. So he though hethehad a                                   balance of more than
5 0t i m e
                        of 2 lakh. The bank claimed approached consumer redressal forum,
nompensation
 eking
                                                         that this incident
                                                                            happened since the
              nended all such transactions then for two days due
  ank h a d s u s p e n d e d
                                                                       to some technical issues.
               bank odid not provide any
Howeve er, the                           prior notice to its customers about it. The consumer
          irected the
         directed the    concerned bank to pay a compensation of 1 lakh to Badri.
court
ANSWER:
   QUESTION 4:
   Calochana bought a geyser of a well known company trusting standardization stamp on the
   product and the manufacturer. The geyser, however, exploded immediately after installation
   puting her family and the electrician at risk. Sulochana took the matter to a consumer court,
    hrought those responsible to surtace, and demanded for a penalty and compensation.
         In context of the above case
             (a) Identify the consumer right being violated in the above case.
             () Identify the consumer right being mobilized by Sulochana in the above case.
      ANSWER:
             (a) Right to safety was violated in the above case.
             (6) Right to be heard is being mobilized by Sulochana in the above case.
      QUESTION 5:
      The Consumer Affairs Minister, Ram Villas Paswan, recently declared that the sale of a pack
       of soft drinks above MRP will now attract penal action. Moreover, he laid stress on an
       important prerequisite - "Consumers need to be more aware and file complaints. If there is
       no complaint, how can government take action."
         ANSWER:
         The responsibilities of consumer being highlighted in the above case are listed below:
    Identify and explain the right of the consumer being fulfilled by the directivos
in the above mentioned case.                                                                           ctives of SEBI
ANSWER:
The    Right to information is being fulfilled by the directives of SEBI in the above
                                                                                 bove me
                                                                                      mentioned
case
      According to the Right to information, the consumer has the right to get co
 information about the product that he/she may propose to buy including its contenPlete
 of manufacture and                                                                    ts, date
                     expiry, maximum retail price, quantity, directions for use etc.
                                                                                etc. Mored
 as
    per law, it is mandatory for the marketers to provide complete information ahoe,
 product/service to buyers.                                                                                         the
 QUESTION 7:
 HomeShop18 is an online and on-air retail and distribution venture of the Network 18 C
 India.
        It is a part of the Network18 Media and Investments Limited which is owneand
 operated by Reliance Industries. Currently, HomeShop18.com comprises of more thar
  categories namely, Mobiles, Health & Beauty, Apparel, Jewellery, Home & Kitchen, Househ. 5
  Appliances etc. to name a few. The company offers a Wide variety of goods under each o
  these categories.                                                                                                   of
Identify and explain the relevant consumer right being promoted by the company.
  ANSWER:
  The Rightto be assured is being
                                  promoted by the company. According to the Right to ChoOSe
  the consumer has a right to choose from a variety of
                                                        products at competitive prices. Also,
  the marketers should offer a wide variety of products to buyers.
  QUESTION 8:
  In one of the cases, the Goa State Commission held that "The Consumer Protection Act
                                                                                       is not
  for entertaining or compensating speculative transactions or losses". It held that
   cannot be given under the Consumer Protection Act to those involved in sale and purchase of
                                                                                                         compensation
   shares, which are commercial transactions. The order follows an appeal by a Mumbai-based
   stock broker India Infoline Limited against an order of the Goa District Consumer Forum.
   Initially, the judgement of the Goa District Consumer Forum had awarded damages to Panaj"-
   resident Vaman Nagesh who had lost money in share trading through a stock broker India
   Infoline Limited.
        In context of the above case:
         (a) Why do 'commercial transactions' not fall under the purview of 'consumer' under ne
            Consumer Protection Act?
         (b) Where  do you think Vaman
                                         Nagesh could have filed                   a    further appeal in case net
            not satisfied with the judgement
                                                          passed
                                                   about his                    case   by the Goa State Commb
   374      Case Studies Mentor in Business Studies-XIu
ANSWER:
                 the ConConsumer Protection Act, a 'consumer' is
  ta)
        Under
      Unas              or consumes goods or avails of any service.
                                                                   generally understood as a person
        who     uses
                                                                      However, a person who buys
         ods for               rcial purpose or resale will not be considered
                        commerci
                                                                               to be a
            an Nagesh             was   not satisfied with the order of
                                                                                           consumer
  (b) IE, Vama                                                          the State   Commission,   he could
        have
                filed    an   appeal before   the   National Commission within 30
                                                                                  days of the passing
        of the order.
QUESTION 9:
guE nleting his education, Arman opened a small restaurant in a posh market to earn
After c o m p l e t i
After        d. In order to attract good clientele, he decided to install two air conditioners
his
in the
            taturant. Since he didn't have sufficient funds to buy air conditioners of a good
      he bought two air conditioners from a local manufacturer in Janakpuri,, Delhi for
brand,
            h      Later on, he found that the compressor of one of the air conditioner was not
r20,000
rking properly. Des
working          Despite   many complaints, the defect was not rectified by the manufacturer.
      he
        feels very disappointed about the issue and wants to take a legal action against the
So,
 nufacturer to not only get compensation but also to save other people from being duped
 ma
        local manufacturer.
 by the
    ( Name the redressal agency to which he can approach to file complaint against thee
          local manufacturer.
        (b) State any two directions which the consumer court can issue to the local manufacturer
            after being satisfied with the genuineness of the complaint.
  ANSWER:
    () He can approach the District Commission to file complaint against the local manufacturer
        () The two directions which the consumer court can issue to the local manufacturer after
           being satisfied with the genuineness of the complaint are as follows:
            () To remove the defect in goods.
            (i) To provide replacement for the defective product
   QUESTION 10:
   On her sister's wedding, Radha decided to gift her gold earrings. When she shared her
   plan with her husband, he showed her an article in the daily national newspaper under the
    heading"Jago Grahak Jago." The campaign included details about the various aspects that
    people must consider before buying any gold jewellery.
          (a) Why do you think campaigns like "Jago Grahak Jago" are inserted in the newspaper?
          (6) Name the right of consumer being fulfilled through this initiative of the govers
          (c) State any three responsibilities that Radha must discharge as an aware consumer while
                buying her sister's wedding gift.
      ANSWER:
          4) The campaigns like "Jago Grahak Jago" are given in the newspaper to make the
                consumers aware of the various undesirable activities like unscrupulous, unfair trade
                practices etc which are carried out by the marketers to exploit the buyers.
                                                                                  of the
           Kight to Consumer Education is being fulfilled through this initiative
             government.
                                                                                      ConsumerProtection   375
  () The three responsibilities that Radha must discharge as an aware consum
QUESTION 11:
Bharti Airtel Limited is an Indian global telecommunications services company headau
in New Delhi, India. It operates in 20 countries across South Asia, Africa, and the          rtered
Islands. It provides GSM, 3G and 4G LTE mobile services, fixed line broadband andine
services depending upon the country of operation. It is the largest mobile network   voice
n India and the third largest in the world with 325 million subscribers. Its portal di
the following information                                                                         ays
   "Airtel Mobile Customer Care Call 121, 24-hr Airtel customer service number from
Airtel                                                                               you
       phone. In case you don't get satisfactory resolution of your query/complaint aor
Airtel customer service centre, you can get in touch with Airtel Nodal officers with the
                                                                                 ficers with
complaint reference number and details of grievance."                                        your
    In context of the above case:
    (a)   Identify and explain the right of the consumer being fulfilled by
                                                                   the company               in
                                                                                                  the
       above mentioned case.
    b) Name the function of marketing being performed by the company.
 ANSWER:
     (a) The right of the consumer being fulfilled by the company in the above mentioned case
         is right to be heard.
     (b) The function of marketing being performed by the company is customer support
          services.
 QUESTION 12:
 Gaurav purdhased a pack of sweets for his son from a shop in the nearby market. After
 consuming those sweets, the condition of his son deteriorated and he had to be hospitalized.
 Later on through a laboratory test, it was certified that the sweets were adulterated.
     (a) State any one precaution that he should have taken while purchasing packed sweets
     6) Name the appropriate redressal agency that he can approach in case he decides to file
          a case    against    the   shopkeeper.
  ANSWER:
     (a) Gaurav should have checked for the quality assurance mark like FPO /FSSAI on its
         label while purchasing the food                 product.
     (b) District Commission
  QUESTION 13:
  Geeta goes to a doctor to get herself treated for an injury in her hand. The doctor being
 her distant relative charged her nothing for the treatment. However, after a few days she
 develops an infection on the wound because the doctor didn't use sterilised instruments.
ANSWER:
     Ge
            eta
                  cannot   file a case       against   the doctor   because she is   not     a   consumer    because she
didn'tpay for
No                      the services.
QUESTION 14:
  ANSWER:
           (a) The two rights of consumer being violated in the above case are Right to information
               and Right to safety.
           (b) The two directions which the consumer court can issue to the company after being
              satisfied with the genuineness of the complaint are as follows:
              )       Not to offer hazardous        goods for sale.
              (i) To pay a reasonable amount of compensation for any loss or injury suffered by the
                  consumer due to the negligence of the marketer.
   QUESTION 15:
   Ved purchased some medicines worth 1000 for his wife from a chemist in the nearby market.
   But, he didn't take the cash memo for it from the chemist. After taking those medicines
   the condition of his wife deteriorated and she had to be hospitalized. Later on through a
    laboratory test it was certified that the medicines were spurious.
    Can he file a case against the chemist? Justify your answer with the help of a suitable reason.
     ANSWER:
     No, he cannot       against the chemist he didn't take the cash memo for it from the
                                a case                         as
     chemist. A cash memo is the conclusive proof of the purchase of goods.