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CLASS 12 Business Studies

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BUSINESS
STUDIES
Chapter 12: Consumer Protection
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Consumer Protection
Consumer:

Any individual who purchases products or services for his personal use and not for
manufacturing or resale is called a consumer. A consumer is one who is the decision-
maker whether or not to buy an item at the store or someone who is influenced by
advertisement and marketing.

Consumer protection:
Modern marketing begins with the customer & ends with the customer. A consumer is
said to be king in a free-market economy so customer needs protection from any
malpractices.

Importance of Consumer Protection:

A. From Consumer’s Point of View:

1. Consumer Ignorance: The majority of consumers are unaware of their rights and
remedies, and as a result, they are constantly exploited. Consumer protection is required
to protect consumers from such exploitative practices.

2. Widespread Exploitation of Consumers: Consumers are abused on a huge scale through

a variety of unfair trade practices, and consumer protection is necessary to safeguard
them.

3. Unorganized Consumers: Consumers in India are still unorganised, and there are few
consumer organisations that would advocate for them.

B. From Business Point of View:

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1. Business utilises societal resources: Every business utilises societal resources, and it is
their job to operate in the society's best interests.

2. Long-term business interests: It is in the business's best interests to keep its customers
happy. Customers must be satisfied in order to win the global competition. Satisfied
consumers lead to repeat purchases, which helps to expand the company's customer
base.

3. Government Intervention: If a firm engages in any type of unfair commercial practices,

the government will take action against it, harming the company's reputation.

4. Social Responsibility: A business has social duties to a variety of stakeholders, including

owners, employees, the government, and customers. As a result, shoppers should be
able to purchase high-quality goods at affordable pricing.

5. Moral Justification: Any firm has a moral obligation to behave in the best interests of its
customers and prevent exploitation and unfair trade practices such as faulty and unsafe
products, adulteration, false and misleading advertising, hoardings, black marketing, and
so on.

The Consumer Protection ACT, 2019:

Consumer Protection Act, 2019 is a law to protect the interests of the consumers. This
act was inevitable to resolve a large number of pending consumer complaints in
consumer courts across the country. It has ways and means to solve the consumer
grievances speedily.

Scope of the Act:

The scope of this act is broad and covers a wide range of activities. This act covers all the
undertakings.

● Both large- and small-scale undertakings.

● All three sectors are covered, namely private, public, and cooperative.

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● It is applicable to e-commerce companies as well.

● It is applicable to whole of India.
● All goods, services and trade practices are a part of this act, until specifically exempted.

Legal Protection to Consumers:

1. The Consumer Protection Act, 1986 (COPRA): In this, it protects the right of the
consumer and makes user aware of their rights. They have developed or formed three-
tier system wherein there is District Forums, State Commission, and National Commission
thus to protect the right of the consumer.

2. Indian Contract Act, 1972: The Indian Contract Act lays down the conditions that need
to be fulfilled by the parties who contract in an agreement. This act regulates the buyers
by keeping a legal check on their promise to sell authentic products to the seller. This Act
protects the interest of both parties. It takes care that the contract is not breached, else
respective remuneration has to be paid for such breach.

3. The Sales of Goods Act, 1930: This protects the rights of the consumers in case the
products received by them are sub-standard.

4. The Agricultural Produce (Grading and Marking) Act, 1937: To implement the grading
standard and hence monitoring the same whether standard checks are been done to
issue the grading. In this, AGMARK is the standard introduced for agricultural goods.

5. The Prevention of Fod Adulteration Act, 1954: This act makes sure the purity of the food
items and the health of the consumers which could be affected by the adulterated items.

6. The Trade Marks Act, 1999: This Act protects the consumers from the false marks which
could mislead them to consume the product, and thus cheat on them by serving less
qualified products.

Rights of Consumers:

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1. Right to safety: This rights includes concern for consumer's long term interest as well as
for their present requirement.

2. Right to Information: consumer has the right to get information about the quality, purity,
standard & price of the goods or services so as to protect himself against the abusive &
unfair practices.

3. Right to choose: means to choose an assurance of availability, ability & access to variety
of products & services at competitive price.

4. Right to be heard: if a consumer is exploited then he has the right to be heard and be
assured that his interest would receive due consideration.

5. Right to seek redressal: The consumer has the right to seek redressal against unfair trade
practices or any other exploitation.

6. Right to consumer education: it is the right of the consumer to acquire knowledge &
skills to be informed to customers.

7. Right to basic needs: every citizen has the right to fulfil the basic needs to survive & have
dignified living. The basic needs include food, clothing, health, etc.

8. Right to healthy environment: the consumers have the right to be protected against
environmental degradation.

Consumer Responsibilities:

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Consumers have the following responsibilities:

1. Be knowledgeable: Be knowledgeable about the numerous items on the market so that

you can make an informed and educated decision.

2. Standardized products: Purchase just standardized products to ensure quality. Look for
the ISI mark on electrical goods, the FPO label on food products, and the Hallmark on
jewellery, among other things.

3. Follow Instructions: Follow the product's instructions and learn about the hazards linked
with it, then use it safely.

4. Cautious Purchasing: Carefully read labels for information on prices, net weight,
manufacturing, expiration dates, and so on.

5. Assert Yourself: Assert yourself to guarantee that you obtain a fair bargain, and fair price
of the product.

6. Honesty: Be truthful in interactions and buy only legal goods and services, thus
discouraging buying from sellers who follow unethical methods such as black marketing
and hoarding.

7. Cash Memo: When purchasing products or services, request a cash memo. This will serve
as proof of the transaction.

8. Consumer Societies: Establish consumer societies that will actively participate in

consumer education and protection.

Who Can File a Complaint?

● A consumer.

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● Any registered consumer association.

● The Central Government or any State Government.
● One or more consumers, on behalf of numerous consumers having the interest.
● A legal heir or representative of a decreased consumer.

Ways and Means of Consumer Protection:

1. Self-regulation by businesses: Businesses that value corporate social responsibility adhere to

ethical norms and practices while working with customers.

2. Business associations: The FICCI and the CII have established codes of conduct for its
members to follow while interacting with clients.

3. Consumer Awareness: A well-informed consumer will be able to speak out against any
unethical business activities.

4. Consumer Organizations: Consumer organisations play a vital role in informing consumers

about their rights and protecting them.

5. Government: The government safeguards consumers' interests by establishing various

consumer protection regulations.

Redressal Mechanism Under Consumer Protection Act, 1986:

1. DISTRICT FORUM: District forum are set up in each district by the state concerned.

The important features are:

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a. It consists of a President and two members, one of whom should be a woman, duly
appointed by State Govt.

b. It can receive consumer complaints of not more than Rs. 20 lakhs value.

c. On receiving the complaint, the district forum shall refer the complaint to the opposite party
concerned and send the sample of goods for testing in a laboratory.

d. The district forum after being satisfied that goods are defective or there is some unfair trade
practice can issue an order to opposite party directing him to either replace or return the
price or pay compensation. In case the aggrieved party is not satisfied with the order of
district forum. He can appeal before state forum within 30 days of passing an order.

2. STATE COMMISSION: It is set up in each state by the govt. concerned.

The salient features are:

a. Each commission consists of a president and it least 2 members appointed by state Govt.

b. Complaints of at least Rs. 20 lakhs but not more than 1 crore can be filed with state
commission.

c. On receiving the complaint, the state commission can also refer the complaint to opposite
party and send the goods for testing in laboratory.

d. The state commission after being satisfied can order to opposite party to either replace or
repay or pay compensation. In case the aggrieved party is not satisfied, they can appeal
before national commission within 30 days of passing an order.

3. NATIONAL COMMISSION: It is setup by Central Govt.

The provisions of act are:

a. It consists of a President and at least 4 members appointed by Central Govt.

b. All complaints are pertaining to goods and services of value more than Rs. 1 crore can be
filed with national commission.

c. On receiving the complaint, the national commission can also refer it to opposite party and
send goods for testing.

d. The National Commission has the power to issue orders for replace mentor removal and to
pay the compensation for loss.

List of Consumer Organisations and Non-Governmental

organisations (NGOs) working to defend and promote
consumers' interests:

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● Consumer Coordination Council, Delhi.

● Common Cause, Delhi.
● Voluntary Organisation in Interest of Consumer Education (VOICE), Delhi.
● Consumer Education and Research Centre (CERC), Ahmedabad.
● Consumer Protection Council (CPC), Ahmedabad.
● Consumer Guidance Society of India (CGSI), Mumbai.
● Mumbai Grahak Panchayat, Mumbai.
● Karnataka Consumer Service Society, Bangalore.
● Consumers’ Association, Kolkata.

Consumer Unity and Trust Society (CUTS), Jaipur.

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Important Questions
Multiple Choice questions-
Question 1. Who can file a complaint under the Consumer Protection Act, 1986?
(a) A legal her of a deceased consumer
(b) Any registered consumers association
(c) Any consumer
(d) All of the above
Question 2. The consumer has a right to get relief in case of defective goods or deficient
services as per the________________
(a) Right to be informed
(b) Right to choose
(c) Right to be heard
(d) Right to seek redressal
Question 3. ______ means any person who buys any goods for personal use or hires or
avails of any services for a consideration.
(a) Consumer
(b) Manufacturer
(c) Trader
(d) Service Provider
Question 4. A complaint can be filed against ______ who adopt(s) unfair trade
practices.
(a) Trader only
(b) Manufacturer only
(c) Trader and Manufacturer
(d) Consumer
Question 5. Consumers should use ISI marked electrical appliance is an example of
(a) Right to be informed
(b) Right to safety
(c) Right to choose
(d) Right to be heard
Question 6. In case an aggrieved consumer is not satisfied with the decision of the State
Commission, he can make a further appeal in
(a) National Commission

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(b) District Forum

(c) Supreme Court of India
(d) All of the above
Question 7. In case a consumer is not satisfied with the order passed in the State
Commission, he can further make an appeal in the National Commission within a time
period of
(a) 10 days
(b) 20 days
(c) 30 days
(d) 45 days
Question 8. A consumer has a right to file a complaint and to be heard in case of
dissatisfaction with goods or services according to the ___________
(a) Right to Seek redressal
(b) Right to choose
(c) Right to be heard
(d) None of the above
Question 9. _______ is set up by the Central Government
(a) State commissions
(b) District forum
(c) National commission
(d) None of the above
Question 10. ________A standardised mark is printed on jewellery.
(a) Agmark
(b) ISO 2009
(c) ISI
(d) Hallmark
Question 11. Which of the following statements is not true with regard to the National
Commission?
(a) It consists of a President and at least five other members, one of whom should be a
woman.
(b) The members are appointed by the Central Government.
(c) A complaint can be made to the National Commission when the value of the goods
or services in question, along with the compensation claimed, exceeds crore.
(d) Where the aggrieved party was not satisfied with the order of the National

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Commission, the case can be taken to the Supreme Court of India.

Question 12.
______ mark is used for electrical products.
(a) ISI
(b) FPO
(c) ISO
(d) Agmark
Question 13. _____ are set up in each district by the State Government concerned.
(a) District Forums
(b) National Commission
(c) State Commission
(d) None of the above
Question 14. The state commissions are set up in each state by ________
(a) Supreme court
(b) High court
(c) Central Government
(d) State Government
Question 15. Consumers can ask anything regarding date of manufacture, price,
quantity etc., is an example of _____________
(a) Right to be informed
(b) Right to choose
(c) Right to safety
(d) Right to be heard
Very Short-
Q1) Which consumer right gives the business firms freedom to set up their own
consumer service and grievance cells?
Q2) Mention when as a consumer you are not in a position to resolve your grievance
under consumer protection act.
Q3) Sandeep purchased a diesel car for Rs. 7 lacs from an automobile company and
found its engine defective. Despite many complaints the defect was not rectified
.Suggest to him the appropriate authority where he could file a complaint under
consumer protection Act.
Q4) A co. is using sub- slandered electric wiring in its coolers. Which consumer right is
being violed?

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Q5) Which document serves as an evidence of purchase?

Q6) Rita wants to buy a packet of juice .As an aware customer how can she be sure
about the quality of juice she palns to buy?
Q.7) What is the quality mark provided to agricultural commodities and live stock
products?
Q8) Name any two NGO’s engaged in protecting and promoting consumer’s interest.
Q9) Saroj wants to file a complaint where the value of goods or services in question
along with the compensation claimed amounts to 25 lakhs.
Short Question-
Q1) Mr. Soni a consumer purchased medicines without noticing the date of expiry . He
also did not obtain the cash memo. Do you think he will be able to protect himself by
the loss caused due to expired medicines ? give reasons in support of your answer?
Q2) Mr. Verma who was a vegetarian went to a snack bar for having French fries and
later found out that it had non-vegetarian content. Neither the advertisement nor the
packing of the product displayed that the product has non-vegetarian content. Will Mr.
Verma be able to claim compensation which right of the consumer is violated here?
Q3) As a well informed consumer. what kind of quality certification marks you will. Look
for before buying ‘products? Specify any 6.
Q4) A shopkeeper sold you some spices, claiming that they were pure. Later a
laboratory test formed that those were adulterated what precautions should you have
taken before buying and what remedies are available to you for the wrong act?
Q5). What is the provision regarding enforcement of the orders of District Forum, State
Commission, or National Commission?
Q6). What are the Penal Provision under Consumer Protection Act?
Long Question –
Question 1. What are various prescribed authorities under the consumer protection
Act, 1986? Describe their composition, object, and procedure for the meeting.
Question 2. Define the following terms
Question 3. What is the need and importance of the consumer protection Act in India?
Question 4. Explain the problems of consumers under the Consumer Protection Act.
Case Study Based Question-
1. 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 IYO 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

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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.
a. The consumer court was satisfied about genuineness of the complaint and issued
necessary directions to the pest control company.
b. State the six directions that might have been issued by the court.
c. Also identify any two values that are being communicated by IYO to the society. (CBSE,
Delhi 2017)
2. Aman, a degree holder in Entrepreneurship came to know about Piplantri Village
located in Rajasthan, where in 2006 an initiative was started in which 111 trees are
planted every time a girl child is born.
To keep termites away from the trees the villagers have planted 2.5 million Aloe Vera
plants around the trees. This has turned the village into an oasis, as the planting of
trees led to higher water levels.
Aman decided to visit the village to start a business unit, for the processing and
marketing of Aloe Vera into juices, gels and other products.
However, on visiting the village Aman found that the villagers were suffering
exploitation at the hands of local merchants who were engaged in unscrupulous,
exploitative trade practices like hoarding and black marketing of food products and also
selling unsafe and adulterated products to the villagers.
After looking at their plight, instead of a business organisation, he decided to set up an
organisation for the protection and promotion of the consumer interest of the villagers.
State the functions that the organisation established by Aman will be performing. (Any
six points). (CBSE, Sample Paper 2015-16)
Assertion Reason Question-
1. In these questions, a statement of assertion followed by a statement of reason is given.
Choose the correct answer out of the following choices.
a. Assertion and reason both are correct statements and reason is correct explanation for
assertion.
b. Assertion and reason both are correct statements but reason is not correct explanation
for assertion.
c. Assertion is correct statement but reason is wrong statement.
d. Assertion is wrong statement but reason is correct statement.
Assertion (A): ‘Right to be Informed’ is important for a safe and secure life.

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Reason (R): According to this right, the consumer has a right to be protected against
goods and services which are hazardous to life, health and property.
2. In these questions, a statement of assertion followed by a statement of reason is given.
Choose the correct answer out of the following choices.
a. Assertion and reason both are correct statements and reason is correct explanation for
assertion.
b. Assertion and reason both are correct statements but reason is not correct explanation
for assertion.
c. Assertion is correct statement but reason is wrong statement.
d. Assertion is wrong statement but reason is correct statement.
Assertion (A): According to Right to Choose, Marketers should not force the consumer
to buy a particular brand.
Reason(R): Every consumer has the right to choose from a variety of goods and services
at competitive prices.
MCQ Answers-
1. Answer: (d) All of the above
2. Answer: (d) Right to seek redressal
3. Answer: (a) Consumer
4. Answer: (c) Trader and Manufacturer
5. Answer: (b) Right to safety
6. Answer: (a) National Commission
7. Answer: (c) 30 days
8. Answer: (c) Right to be heard
9. Answer: (c) National commission
10. Answer: (d) Hallmark
11. Answer: (a) It consists of a President and at least five other members, one of whom
should be a oman.
12. Answer: (a) ISI
13. Answer: (a) District Forums
14. Answer: (d) State Government
15. Answer: (a) Right to be informed
Very Short Answer-
Ans 1) Right to representation.
Ans 2) As a consumer we are not in a position to resolve our grievances when we have

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not fulfilled the responsibilities of a consumer.

Ans 3) District Forum.
Ans 4) right to safety.
Ans 5) “Cash Memo.”
Ans 6) Rita can check for FPO (Fruit product order 1955) certifications. She can check
the date of manufacture and expiry and check the storage / display conditions.
Ans 7) AGMARK.
Ans 8) (a) Consumer co-ordination council ,Delhi
(b) Consumers Association, Kolkata.
Ans 9) State Commission.
Short Answer-
Ans 1) In the given case, Mr. soni as a consumer was not able to fulfill his responsibility
at two fronts.
(I) He didn’t go through the packing specifications mentioned on the product at the
time of purchase.
(II) Most importantly , he did not obtain the cash memo from the surer. A cash memo is
a proof of purchase and it is must for filing any complaint.
Hence , he will not be able to protect himself by the loss caused due to expired
medicines.
Ans 2) In the given case there is violation of the consumer right to know .Acc. to the
amendment of the regulations in weight and measurement Act.(2000) every product
should explicitly bear a green dot for vegetarian ingredients while brown reveals that
non-vegetarian ingredients have been used. It is also mandatory to show the dot on an
advertisements electronic or press and all posters ,banners ,stunts etc. hence Mr. Bharti
would be able to claim the compensation.
Ans 3) Some of the quality certification marks are:
(1) FPO( Fruit Products Order 1955): It contains specification and quality control
requirements regarding the production and marketing of processed fruits and
vegetables ,sweetened aerated water, vinegar and synthetic syrups.
(2) ISI- On consumer durable products.
(3) Hall mark- BIS certification scheme for gold jewellery items.
(4) Earthen Pitcher –For Labeling Environment friendly products
(5) AGMARK – It is a grade standard for agricultural commodities and like stock
products.
(6) Wool mark- It signifies 100% pure wool.
Ans 4) We should have been conscious about quality and should obtain cash memo

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from the seller while purchasing goods. The remedies available are:
(1) Getting the product replaced.
(2) Getting the refund of the price.
(3) Compensation.
Ans 5). Following are the provision regarding enforcement of orders of redressal
agencies
1. Every order of (Redressal Forum, the Agency Commission, or National Commission)
shall be a bind if no appeal has been preferred against such order under the provision
of this Act.
2. No redressal agency shall admit a complaint unless it is filed within 2 years from the
date on which the cause of action has arisen (sec. 24 A (1)).
3. A complaint may be entertained for the period specified above If the complaint
satisfies that he had sufficient cause for not filing the complaint within such period [Sec.
24 A (2)].
It is worth mentioning that such delay can be condoned only when the reasons are
recorded.
4. Every order made by such agency will be executed in the same way as the court, to
which it is sent, shall execute as if it were decree or order sent to it for execution. (Sec.
25).
5. If the redressal agency fails to get its order executed, then it will send the order to
the court in whose jurisdiction the dispute falls for its execution. Then the said court
shall execute the order as if it were a decree or order sent to it for execution.
Jurisdiction is decided as under:
• If the order is against a company, the jurisdiction will be divided on the basis of the
place of the registered office of the company.
• If the order is against any person, the jurisdiction will be decided according to the
place where the person concerned voluntary resides or carries on business, or
personally works for gain (Sec. 25)
6. When a complaint is put up before these agencies it is found to be frivolous or
vexatious, it shall, for a reason to be recorded in writing, dismiss the complaint.
It can also be made an order that the complaint shall pay to the opposite party such
cost, not exceeding ten thousand rupees, as may be specified in the order.
Ans 6) According to Sec. 27, where a trader or a person against whom a complaint is
made, or the complainant, fails to comply with any order made by the District Forum,
the State Commission, or National Commission, as the case may be, such traders or
person or complainant shall be punishable
• with imprisonment for not less than one month but which may extend to 3 yrs; or

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• with fine which shall be not less than Rs. 2000 but which may extend to Rs. 10,000; or
• with both.
In case, the redressal agency is satisfied with the circumstances of the case, it can
reduce the minimum limits of both imprisonment or fine, mentioned above.
Long Answer -
Answer 1: Authorities under the Act as follows:
1. The Central Consumer Protecting Council (Sec. 4 (1)): This section provides provision
for the establishment of the Central Consumer Protection Council (now Central Council)
by the Central Government. The Central Government may issue a notification in this
regard and may specify the date of establishment of such council in the notification.
Composition (Sec. 4(2)): The Central Council shall consist of the following members
1. The Minister-in-Charge of consumer affairs in Central Government, who shall be its
chairman, and
2. Such member of other official or non-official members as may be prescribed.
3. The Minister of State of Consumer Affairs in Central Government as Vice-Chairman of
Council;
4. The Minister of Food and Civil Supplies or Minister-in-Charge of Consumer Affairs in
State;
5. 5 members from Lok Sabha and 3 members from Rajya Sabha.
6. The Secretary of National Commission for Scheduled Castes and Scheduled Tribes;
7. Up to 20 representatives of the Central Government Department and autonomous
organization concerned with consumer interest;
8. At least 35 representatives of the Consumer Organisation concerned with consumer
interest.
9. not less than 10 representatives of women.
10. Up to 20 representatives of farmers, trade, and industries.
11. The Secretary in Department of Civil Supplies shall be the Member Secretary of
Central Council.
The object of Central Council (Sec. 6)The Central Council shall work with the objective
to promote and protect the rights of consumers.
Terms of CouncilTerm of Council shall be 3 years. A member may resign by submitting
his written resignation to the chairman, the vacancies shall be filled from the same
category by the Central govt, and such person shall hold office so long as the original
member would have been entitled to hold office. The Central govt may constitute a
standing working group from amongst the member of the council to monitor the
implementation of the recommendation of the council.

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Procedure for Meeting of Central Council (Sec. 5) The council shall meet as and when
necessary, but at least one meeting of the council shall be held every year. The meeting
shall be held at such place and at such time as the chairman may think fit.
2. The State Consumer Protection Council (Sec 7(1))This section authorizes the State
Government to establish a Consumer Protection council by issuing a notification in this
regard and with effect from such date as it may specify in the notification.
Composition Sec 7 (2): The State Council shall consist of the following members
1. The Minister-in-Charge of Consumer Affairs in State Government as its chairman.
2. Such member of other official or non-official members, representing various
interest, as may be prescribed by State Government; and
3. Up to 10 other official or non-official member nominated Objects of Council (Sec. 8)
The objective of every state council shall be to promote and protect the rights of
consumers as laid down in clauses (i) to (v) of section 6 within the state.
The procedure of Meeting (Sec 7 (4)): The State Council shall meet as and when
necessary, but at least 2 meetings should be held every year. It shall meet at such time
and place as the Chairman may think fit and observe such procedure which is
prescribed by State Government for the transaction of its business.
3. The District Consumer Protection Council (Sec 8 A): This section was inserted in 2002
in Act by making amendment in it. ACU to the Section, the State Govt, shall establish
District Consumer Protection Council for every district with effect from such date as is
specified in the notification.
Composition: The District Council shall consist of the following members:
• the Collector or Deputy Commissioner as its chairman; and
• such member of other official or non-official members representing such interest as
may be prescribed by State Government.
The object of Council (Sec. 8B): The District Council shall work with the objective of
promoting and protecting the rights as specified in clauses (i) to (vi) of sec. 6 with the
jurisdiction of the district.
Procedure for MeetingThe District Council shall meet as and when necessary, but at
least 2 meetings should be held every yr. It shall meet at such time and place as the
Chairman may think fit and observe such procedure which is prescribed by State Govt,
for the transaction of its business.
Answer 2: (a) Consumer: Acc. to Consumer Protection Act, 1986, ‘Consumer’ means a
person who:
1. Buys any goods for the consideration which has been paid or promised or partly paid
and partly promised, or under any system of deferred payment and includes any user of
such goods other than the person who buys goods for consideration paid or promised
or under any system of deferred payment, when such use is made with the approval of
such person, but does not include a person who obtains such goods for resale or for any

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commercial purpose or, (Sec 2(l) d 0).

2. Hires of avails of any services for a consideration which has been paid or promised or
partly paid or promised, or under any system of deferred payment and includes any
beneficiary of such services other than the person who hires or avails of services for
consideration paid or promised, or under any system of deferred payment, when such
services are availed of with the approval of the first-mentioned person.
Explanation Please note that the consumer also includes the user of goods or
beneficiary of services when such goods or services are used or availed with the
permission of the main buyer.
Also, the consumer does not include a person who uses the goods or services for the
purpose of resale or any other commercial purpose.
But note that, ‘commercial purpose’ doesn’t include used by him exclusively for the
purpose of earning his livelihood, by means of self-employment.
(b) Complaint ‘Complaint’ means any allegation in writing made by a complainant that:
1. an unfair trade practice or a restrictive trade practice has been adopted by any
trader;
2. the goods, brought by him or agreed to be brought by him, suffer from one or more
defects;
3. the services, hired or availed of or agreed to be hired or availed of by him, suffer
from a deficiency in any respect;
4. A trader has charged for the goods, mentioned in the complaint, a price in excess of
the price fixed by or under any law for time being in forces or displayed on the goods or
any package containing such goods.
5. Goods, which will be hazardous to life and safety when used, are being offered for
sale to the public in contravention of permission of any law for time; being in forces
requiring traders to display information in regards to contents, manner, and effect of
the use of such goods (sec 2 (1) (c)).
(c) ComplainantAny person or institute mentioned below who files a complaint is called
the complainant
1. A consumer or
2. Any voluntary consumer association registered under the Indian Companies Act,
1956 or any Voluntary Consumer Association registered under other Act in force in the
country.
3. The Central or State govt., who or which makes a complaint.
4. In the case of numerous consumers having the same interest, one or more than one
consumer.
5. In case of death of a consumer, his legal heir or representative, who or which
makes a complaint (Sec 2(1) (b)).

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 CONSUMER PROTECTION
12

(d) ManufacturerIt means the person who:

1. makes or manufacture any goods or parts thereof,
2. does not makes or manufacture any goods but assemble parts thereof made or
manufactured by others and claims the end-product to the goods manufactured by
himself, or
3. puts or causes to be put his own mark on any goods to be made or manufactured
by, any other manufacturer and claims such goods to be made or manufactured by
himself (sec 2(i)).
Explanation Where a manufacturer dispatches any goods or part thereof no any branch
office maintained by him, such branch shall not be deemed* to be manufactured even
though the parts so dispatched to it as assembled at such office and are sold or
distributed from such branch office.
Answer 3: Need and Importance of Consumer Protection Act can be explained as
follows:
1. Unfair and Deceptive Trade Practices: In case of unfair and deceptive trade practices,
such as selling of defective or sub-standard goods, ignoring safety standards, charging
exorbitant prices, misrepresenting the efficiency or usefulness of goods, etc. Consumer
Protection Act makes producers/traders more accountable to consumers. It also
becomes inevitable for consumers to unite at a common platform to deal with issues
concerning consumer protection.
2. Lengthy Legal Process: The violation of various Acts by traders/producers means an
ordinary consumer has no other remedy but to initiate action by way of a civil suit
which involves a lengthy legal process proving to be too expensive and time-consuming.
In fact, very often the time, cost, and mental tension involved in the legal process is
disproportionate to compensation claimed and actually granted to individual
consumers. Therefore, it becomes necessary to involve laws directed at protecting the
consumers providing for remedies that are simpler, more accessible, quicker, and less
expensive.
3. Impact of other countries: the USA, European Union, Australia, etc. have taken
effective and strict measures to protect the interest of consumers. Following these
countries, India has also felt the necessity of consumer’s protection.
4. Welfare State India is a welfare state: One of the Directive Principles enshrined in the
Indian Constitution is that state shall direct its policy towards securing that operation of
economic system does not result in the concentration of wealth and means of
production to determinantal to common man-keeping in view the consumer interest,
Govt, passed Monopolies and Restrictive Trade, Practices Act, 1969. Later on, in 1984,
provisions relating to unfair trade practices were also incorporated in Act. wide powers
have been granted to the HRTP commission under the Act to control and prohibit
monopolistic, restrictive, and unfair trade practices.
5. Economic DevelopmentDuring 55 years of planning in India, there is a spectacular

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 CONSUMER PROTECTION
12

change in the standards of living. The structural and institutional changes in the
economy consequent upon Economic Reforms 1991 clearly indicate that there has been
modernization and globalization of the economy wants of the consumers have
increased manifold. Hence, the need for safeguarding consumer’s interests has also
grown and has become more important.
6. Means of transport and communication: The rapid growth of means of transport and
communication has brought the world consumers together. There is a strong
‘demonstration effect’ through Mass media of TV/ cable network that has made the
consumers aware that they can no longer be exploited by the business community and
kept isolated from other countries as far as their right to safety and health are
concerned.
7. Role of Judicial System: Consumer Protection Act, 1986 has vested vast powers to t
Supreme Court for the protection of consumer rights, their safety, and health. As a
breakthrough, the remedies for consumer protection are now simpler, more accessible,
quicker, and less; expensive.
8. LokAdalats: The concept of Lok Adalat in India is catching up fast. They have become
part of a speedy, effective, and economical redressal system. Interesting to note, lakhs
of cases relating to motor accidents, complaints diagrams Ltd. Delhi Electric Supply
Undertaking have been settled involving crores of rupees. The concept of Lok Adalats
has now been extended to other areas.
9. Concept of Public Interest Litigation (PIL): For consumer protection, a large number
of petitions by way of PIL have been filed before High Courts and Supreme Court. The
concept of PIL is catching fast. Under PIL, it is not only the aggrieved person, but any
person can move to court in the interest of the weak or a group who or which may not
be in a position to seek legal remedy on his own. ” Secondly, a complaint sent to
Supreme Court even on postcard may be treated as a writ petition. PIL is virtually
consumer interest litigation which has helped a lot in the cause of consumer protection.
10. Consumer Awareness: The spread of education especially higher education has
made people aware of their rights as consumers. The relief granted to consumers and
important judicial decisions regarding consumer protection or relief is often covered by,
newspaper. Rising income has increased the purchasing power of people to spend
more. The rise in prices of products has created in consumer an attitude to expect
better quality or. at least to expect the product to be worth their money. Consumers
expect better services for their durables. Legislation leading to consumer protection has
created an awareness among consumers about their rights and remedies available to
them.
11. Consumer organizations: There are more than 500 consumer organizations in India.
These consumer organizations are performing a number of functions such as bringing
out vouchers, journals, monographs, collecting data of different talks, seminars,
workshops, and conferences for the purpose of focusing on the problems of consumers
and finding solutions thereof.

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 CONSUMER PROTECTION
12

Answer 4: Due to illiteracy, poverty, lack of information, etc. consumers has to face
many problems every day. They tolerate silently all these because their outlook being
traditional, They remain ignorant of their rights. Following are the problems under the
Consumers Protection Act
1. Unfair Trade Practices Trade communities are engaged in various activities to
increase their sale and change their economic use or to provide some services. They
may devise any unfair method viz. false and misleading advertisement, free gifts, lucky
draws. They falsely represent that the services are of particular quality or grade.
Following are the unfair trade practice.
(a) False and misleading Advertisement: Trade community spends a lot of money on the
advertisement of their goods and services but most of these are false and misleading.
These are exaggerated and based on unprovable claims. They make advertisement of
products of poor quality’s special standard product.
(b) Free gifts and Prizes: The offering of gifts, prizes, or other items with the intention of
the net providing there as offered or creating an impression that something is being
given or offered free of charge when it is fully or partly covered by the amount charged
in the transaction as a whole is treated as unfair trade practice.
2. Spiralling price: The prices of the product are unduly hiked by the {froducers. The
rising prices are the result of anti-social activities viz hoarding, black marketing, and
creating of artificial scarcity of the product. It leads to consumer exploitation and
victimization.
3. Adulteration It is a big consumer problem. Sometimes, it is very hazardous to health.
The traders resort to many sources to earn high profits. Mixing animal fat with ghee,
harmful seeds with grains and pulses, mustard oil with mineral oil are some of the
adulterations.
4. Poor quality products Sale of poor quality products and sub-standard products is also
a part of consumer exploitation. The manufacturer makes the declaration that the
product is ‘Agmark’ is not sufficient. There is no matter missing to verify that the goods
sold to consumers conform with a specification of safety. It results in a large number of
the death by using sub-standard products and unsafe domestic products like a
pressure-cooker, kerosene stoves, etc.
5. Deceptive packing Many times traders resort to practicing to deceive consumers.
They put the smaller quantity of products in a packet or change the spelling of reputed
product slightly like Tata Teas, the name ‘Tata Tea’ etc.
6. Underweight supplies Underweighfgoods by the trader to the consumer, For
example, each LPG cylinder must contain 14.2 kgs. of gas but many times under-weight
cylinders are supplied to customers.
7. Deficiency in Services Deficiency in Services is also a form of customer problem for
instance
• Under delay in courier service

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 CONSUMER PROTECTION
12

• wrong billing by electricity and telephone departments

• under delay in setting insurance accident claims.
8. Negligence in services It is another cause of consumer exploitation, For instance,
wrong operations by a surgeon. Many of these incidents are published in newspapers
very often.
9. Monpoloistic trade practices Monopolistic is that market condition in which there is a
single seller of a certain product in the market so he is in the position to exploit the
consumer by charging high prices and low quality of product etc.
Case Study Answer-
1. Answer:
a. The six directions that might have been issued by the court are as follows:
Reliefs available to a consumer
• To remove the deficiency in service.
• To refund the charges paid for the service.
• To pay a reasonable amount of compensation for any loss or injury suffered by the
consumer due to the negligence of the opposite party.
• To discontinue the unfair/restrictive trade practice and not to repeat it in the future.
• To pay any amount (not less than5% of the value of the d effective goods or deficient
services provided), to be credited to the Consumer Welfare Fund or any other
organisation/person, to be utilised in the prescribed manner.
b. To issue corrective advertisement to neutralise the effect of a misleading
advertisements.
c. The two values that are being communicated by IYO to the society are:
• Social service
• Promoting health and hygiene
2. Answer:
Aman has set up an NGO or consumer organization in the village for the protection and
promotion of the consumer interests.
The key functions highlighting the role of a consumer association are listed below:
• Educating the general public about consumer rights by conducting training
programmers, conferences and workshops.
• Publishing periodicals and other publications to give knowledge about consumer
problems, legal reporting, reliefs available and other matters of interest.
• Carrying out comparative testing of consumer products in accredited laboratories to
test relative qualities of competing brands and publishing the test results for the

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 CONSUMER PROTECTION
12

benefit of consumers.
• Encouraging consumers to strongly protest and take an action against unscrupulous,
exploitative and unfair trade practices of sellers.
• Providing legal assistance to consumers by way of providing aid, legal advice etc. in
seeking legal remedy.
• Filing complaints in appropriate consumer courts on behalf of the consumers.
Assertion Reason Answer-
1. d. Assertion is wrong statement but reason is correct statement.
2. a. Assertion and reason both are correct statements and reason is correct explanation
for assertion.

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