Scooping up Justice: A Look at Consumer Rights in India

Introduction

Consumer rights in India are safeguarded by the robust framework of the Consumer Protection Act, 2019, which empowers consumers with six basic rights.[1] This legislation ensures that consumers are protected from hazardous products/services, provided with comprehensive information, and granted the freedom to choose among competitive options.

Recent developments in consumer court rulings underscore the importance of upholding consumer rights and ensuring accountability in commercial transactions.

Empowering Consumers: Key Consumer Rights in India

The Consumer Protection Act, 2019 empowers Indian consumers with six key rights:

• Right to be Protected: This safeguards consumers from hazardous products and services. It allows them to demand guarantees and quality checks, especially for products like appliances and gas cylinders. Consumers should look for AGMARK or ISI certifications for added assurance.
• Right to be Informed: This ensures that consumers receive all necessary details about a product or service, including its quantity, quality, standards, purity, potency, and price. This protects them from unfair trade practices. Sellers and manufacturers must provide comprehensive information on labels and packaging to empower informed decisions.
• Right to Choose: This guarantees access to a variety of products and services at competitive prices. Consumers cannot be forced to buy a specific brand and have the freedom to choose based on their preferences and budget. This right also promotes fair competition and discourages monopolies, ensuring good quality and reasonable prices.
• Right to be Heard:  This guarantees that the consumers’ voices will be heard and considered. They have the right to raise concerns in relevant forums and have your interests addressed. If they encounter unfair trade practices, they can file complaints with consumer organizations or designated authorities.
• Right to Redressal: This empowers consumers to seek remedies against unfair or restrictive trade practices or exploitation. They can file complaints for legitimate grievances and seek solutions like compensation, repair/replacement of defective goods, or other resolutions depending on the issue. Consumer organizations can also assist in this process.
• Right to Consumer Education: This emphasizes the importance of consumer awareness to avoid exploitation. Consumers have the right to acquire knowledge and skills to become informed consumers. Knowing consumer rights and the existing legal framework empowers them to take action against unfair practices. The government has also integrated consumer education into school curriculums and university courses.

Recent Developments

In recent cases, consumer courts in India have made significant rulings that uphold consumer rights and hold businesses accountable for deficient services and unfair trade practices.

Case 1: Swiggy Ordered to Pay Compensation

In a case against food delivery platform Swiggy, a Bengaluru Consumer Court directed the company to compensate a customer for failing to deliver an ice cream order. Despite the status on the app showing the order as ‘delivered’, the customer did not receive the ice cream. The court deemed this a “deficiency of service” and an “unfair trade practice”, ordering Swiggy to refund the amount paid for the ice cream, along with compensation and litigation costs.[2]

Analysis: This ruling underscores the responsibility of service providers like Swiggy to ensure the timely and accurate delivery of orders. It emphasizes the importance of transparency and accountability in online service transactions, where consumers rely heavily on digital platforms for their purchases.

Case 2: Travel Agency Directed to Pay Compensation

In another case, the Ernakulam District Consumer Disputes Redressal Commission directed a New Delhi-based travel agency to pay compensation to customers who were unable to attend a trade fair in Germany due to the agency’s failure to obtain visas as promised. The commission cited deficiency of service and business ethics violation, highlighting the need for businesses to fulfill their commitments to customers.

Analysis: This ruling highlights the duty of travel agencies to deliver on their promises and ensure a seamless travel experience for customers. It emphasizes the importance of maintaining ethical business practices and providing adequate compensation for the inconvenience caused to consumers due to service failures.

These recent developments in consumer rights enforcement demonstrate the commitment of Indian consumer courts to protect the interests of consumers and hold businesses accountable for their actions. They serve as reminders to businesses to prioritize customer satisfaction, adhere to ethical standards, and provide prompt redressal for grievances. As consumers increasingly rely on digital platforms and services, it becomes imperative for businesses to uphold consumer rights and ensure a fair and transparent marketplace.

Taking Action: How Consumers can Exercise their Rights?

The most common way of exercising consumer rights is by filing a consumer complaint with a consumer court. Following is how a consumer can file a complaint and seek redressal:

Before Filing

• Confirm Eligibility: Ensure that either the consumer or someone authorized by the consumer (spouse, relative) is eligible to file based on the relationship to the purchased goods/services.

Identify Jurisdiction

• Pecuniary Jurisdiction: District Forum (up to ₹20 lakh), State Commission (₹20 lakh – ₹1 crore), National Commission (over ₹1 crore).
• Territorial Jurisdiction: File at the court where the opposite party resides/works, where the cause of action arose (similar to contract law for online transactions), or where the consumer resides (for online transactions).

Prepare the Complaint

• Gather Documents: Bills, receipts, and proof of communication with the trader requesting rectification.
• Draft the Complaint: Clearly outline facts establishing the cause of action (what went wrong).
• Include Details: Names, and addresses of the consumer and the opposite party, along with a signature and authorization letter if filed by a representative.
• Specify Relief Sought: Mention the compensation amount (including litigation fees, interest, refunds, and damages) with a breakdown.
• Adhere to Time Limits: File within 2 years from the issue. Explain any delays that might arise.

Filing Process

• Court Fees: Pay the required fee based on the claimed amount and court level (district, state, national).
• Number of Copies: File 5 copies of the complaint – one for each opposite party and the court, along with an affidavit verifying the truth of the statements.

Conclusion and Looking Forward

The recent rulings by consumer courts in India, such as the cases against Swiggy and the travel agency, highlight the proactive stance taken to safeguard consumer rights and ensure accountability in commercial transactions. As India moves towards a digital-centric economy, the protection of consumer rights becomes increasingly vital. Regulatory bodies and consumer courts must stay abreast of emerging challenges in online transactions and adopt measures to address them effectively. Additionally, efforts should be made to enhance consumer awareness and education to empower individuals in asserting their rights.

[1] https://www.indiacode.nic.in/bitstream/123456789/15256/1/a2019-35.pdf.

[2] https://www.barandbench.com/news/consumer-court-swiggy-pay-5000-failure-to-deliver-death-by-chocolate-ice-cream.