SAFETY IS EVERYONE’S RIGHT
Reij's suffering
Reji Mathew, a healthy boy studying in Class IX, was admitted in a private clinic in Kerala for the removal of tonsils. An ENT surgeon performed the tonsillectomy operation under general anaesthesia. As a result of improper anaesthesia Reji showed symptoms of some brain abnormalities because of which he was crippled for life.
His father filed a complaint in the State Consumer Disputes Redressal Commission claiming compensation of Rs 5,00,000 for medical negligence and deficiency, in service. The State Commission, saying that the evidence was not sufficient, dismissed it. Reji’s father appealed again in the National Consumer Disputes Redressal
Commission located in New Delhi. The National Commission after looking into the complaint held the hospital responsible for medical negligence and directed it to pay the compensation.
Reji’s suffering shows how a hospital, due to negligence by the doctors and staff in giving anaesthesia, crippled a student for life. While using many goods and services, we as consumers, have the right to be protected against the marketing of goods and delivery of services that are hazardous to life and property. Producers need to strictly follow the required safety rules and regulations. There are many goods and services that we purchase that require special attention to safety. For example, pressure cookers have a safety valve which, if it is defective, can cause a serious accident. The manufacturers of the safety valve have to ensure high quality. You also need public or government action to see that this quality is maintained. However, we do find bad quality products in the market because the supervision of these rules is weak and the consumer movement is also not strong enough.
Let’s work these out
1. For the following (you can add to the list) products/ services discuss what safety rules should be observed by the producer?
(a) LPG cylinder (b) cinema theatre (c) circus (d) medicines
(e) edible oil (f) marriage pandal (g) a high-rise building.
2. Find out any case of accident or negligence from people around you, where you think that the responsibility lay with the producer. Discuss.
Source: This topic is taken from NCERT TEXTBOOK
INFORMATION ABOUT GOODS AND SERVICES
When you buy any commodity, you will find certain details given on the packing. These details are about ingredients used, price, batch number, date of manufacture, expiry date, and the address of the manufacturer. When we buy medicines, on the packets, you might find ‘directions for proper use’ and information relating to side effects and risks associated with the usage of that medicine. When you buy garments, you will find information on ‘instructions for washing’.
Why is it that rules have been made so that the manufacturer displays this information? It is because consumers have the right to be informed about the particulars of goods and services that they purchase. Consumers can then complain and ask for compensation or replacement if the product proves to be defective in any manner. For example, if we buy a product and find it defective well within the expiry period, we can ask for a replacement. If the expiry period was not printed, the manufacturer would blame the shopkeeper and will not accept the responsibility. If people sell medicines that have expired severe action can be taken against them. Similarly, one can protest and complain if someone sells a good at more than the printed price on the packet. This is indicated by ‘MRP’ — maximum retail price. In fact, consumers can bargain with the seller to sell at less than the MRP.
In recent times, the right to information has been expanded to cover various services provided by the Government. In October 2005, the Government of India enacted a law, popularly known as RTI (Right to Information) Act, which ensures its citizens all the information about the functions of government departments. The effect of the RTI Act can be understood from the following case.
Waiting
Amritha, an engineering graduate after submitting all the certificates and attending the interview for a job in a government department, did not receive any news of the result. The officials also refused to comply with her queries. She, therefore, filed an application using the RTI Act saying that it was her right to know the result in a reasonable time so that she could plan her future. She was not only informed about the reasons for the delay in the declaration of results but also got her call letter for an appointment as she performed well in the interview.
Let’s work these out
1. When we buy commodities we find that the price charged is sometimes higher or lower than the Maximum Retail Price printed on the pack. Discuss the possible reasons. Should consumer groups do something about this?
2. Pick up a few packaged goods that you want to buy and examine the information given. In what ways are they useful? Is there some information that you think should be given on those packaged goods but is not? Discuss.
3. People make complaints about the lack of civic amenities such as bad roads or poor water and health facilities but no one listens. Now the RTI Act gives you the power to question. Do you agree? Discuss.
Source: This topic is taken from NCERT TEXTBOOK
WHEN CHOICE IS DENIED
Refund
Abirami, a student of Ansari Nagar, joined a two year course at a local coaching institute for professional courses in New Delhi. At the time of joining the course, she paid the fees Rs 61,020 as lumpsum for the entire course of two years. However, she decided to opt out of the course at the end of one year as she found that the quality of teaching was not up to the mark. When she asked for a refund of the fee for one year, it was denied to her. When she filed the case in the District Consumer Court, the Court directed the Institute to refund Rs 28,000 saying that she had the right to choose. The Institute again appealed in the State Consumer Commission. The State Commission upheld the district court’s direction and further fined the institute Rs 25,000 for a frivolous appeal. It also directed the institute to pay Rs 7000 as compensation and litigation cost.
The State Commission also restrained all the educational and professional institutions in the state from charging fees from students for the entire duration of the course in advance and that too at one go. Any violation of this order may invite penalties and imprisonment, the commission said.
What do we understand from this incident? Any consumer who receives a service in whatever capacity, regardless of age, gender and nature of service, has the right to choose whether to continue to receive the service.
Suppose you want to buy toothpaste, and the shop owner says that she can sell the toothpaste only if you buy a toothbrush. If you are not interested in buying the brush, your right to choice is denied. Similarly, sometimes gas supply dealers insist that you have to buy the stove from them when you take a new connection. In this way, many times you are forced to buy things that you may not wish to, and you are left with no choice.
Let’s work these out
The following are some of the catchy advertisements of products that we purchase from the market. Which of the following offers would really benefit consumers? Discuss.
* 15 gm more in every 500 gm pack.
* Subscribe for a newspaper with a gift at the end of a year.
* Scratch and win gifts worth Rs 10 lakhs.
* A milk chocolate inside a 500-gram glucose box.
* Win a gold coin inside a pack.
* Buy shoes worth Rs 2000 and get one pair of shoes worth Rs 500 free.
Source: This topic is taken from NCERT TEXTBOOK
WHERE SHOULD CONSUMERS GO TO GET JUSTICE?
Read again the cases of Reji Mathew and Abirami given earlier in the chapter.
1. Reji Mathew, a healthy boy studying in Class IX, was admitted in a private clinic in Kerala for the removal of tonsils. An ENT surgeon performed the tonsillectomy operation under general anaesthesia. As a result of improper anaesthesia Reji showed symptoms of some brain abnormalities because of which he was crippled for life. His father filed a complaint in the State Consumer Disputes Redressal Commission claiming compensation of Rs 5,00,000 for medical negligence and deficiency, in service. The State Commission, saying that the evidence was not sufficient, dismissed it. Reji’s father appealed again in the National Consumer Disputes Redressal. Commission located in New Delhi. The National Commission after looking into the complaint held the hospital responsible for medical negligence and directed it to pay the compensation.
2. Abirami, a student of Ansari Nagar, joined a two-year course at a local coaching institute for professional courses in New Delhi. At the time of joining the course, she paid the fees Rs 61,020 as lumpsum for the entire course of two years. However, she decided to opt-out of the course at the end of one year as she found that the quality of teaching was not up to the mark. When she asked for a refund of the fee for one year, it was denied to her. When she filed the case in the District Consumer Court, the Court directed the Institute to refund Rs 28,000 saying that she had the right to choose. The Institute again appealed in the State Consumer Commission. The State Commission upheld the district court’s direction and further fined the institute Rs 25,000 for a frivolous appeal. It also directed the institute to pay Rs 7000 as compensation and litigation cost.
These are some examples in which consumers are denied their rights. Such instances occur quite often in our country. Where should these consumers go to get justice?
Consumers have the right to seek redressal against unfair trade practices and exploitation. If any damage is done to a consumer, she has the right to get compensation depending on the degree of damage. There is a need to provide an easy and effective public system by which this can be done.
The consumer can file a complaint before the appropriate consumer forum on his/her own with or without the services of lawyers. You might be interested in knowing how an aggrieved person gets his or her compensation. Let us take the case of Prakash. He had sent a money order to his village for his daughter’s marriage. The money did not reach his daughter at the time when she needed it nor did it reach months later. Prakash filed a case in a district-level consumer court in New Delhi. All the steps he undertook are illustrated here.
The consumer movement in India has led to the formation of various organisations, locally known as consumer forums or consumer protection councils. They guide consumers on how to file cases in the consumer court. On many occasions, they also represent individual consumers in consumer courts. These voluntary organisations also receive financial support from the government for creating awareness among people. If you are living in a residential colony, you might have noticed boards of Residents’ Welfare Associations. If there is any unfair trade practice meted out to their members, they take up the case on their behalf.
Under COPRA, three-tier quasi-judicial machinery at the district, state, and national levels was set up for redressal of consumer disputes. The district-level court called District Forum deals with the cases involving claims up to Rs 20 lakh, the state-level court called State Commission between Rs 20 lakh and Rs 1 crore, and the national-level court — National Commission — deals with cases involving claims exceeding Rs 1 crore. If a case is dismissed in district-level courts, a consumer can also appeal in the state and then in national-level courts.
Thus, the Act has enabled us as consumers to have the right to represent in the consumer courts.
Let’s work these out
Arrange the following in the correct order.
(a) Arita files a case in the District Consumer Court.
(b) She engages a professional person.
(c) She realises that the dealer has given her defective material.
(d) She starts attending the court proceedings.
(e) She goes and complains to the dealer and the Branch office, to no effect.
(f) She is asked to produce the bill and warranty before the court.
(g) She purchases a wall clock from a retail outlet.
(h) Within a few months, the dealer was ordered by the court to replace her old wall clock with a brand new one at no extra cost.
Source: This topic is taken from NCERT TEXTBOOK
LEARNING TO BECOME WELL-INFORMED CONSUMERS
When we as consumers become conscious of our rights, while purchasing various goods and services, we will be able to discriminate and make informed choices. This calls for acquiring the knowledge and skill to become a well-informed consumer. How do we become conscious of our rights? Look at the posters on the right and in the previous page. What do you think?
The enactment of COPRA has led to the setting up of separate departments of Consumer Affairs in central and state governments. The posters that you have seen are one example through which the government spread information about the legal process which people can use. You might also be seeing such advertisements on television channels.
Let’s work these out
1. Look at the posters and cartoons in this chapter. Think of any particular commodity and the aspects that need to be looked at as a consumer. Design a poster for this.
2. Find out the nearest consumer court for your area.
3. What is the difference between the consumer protection council and consumer court?
4. The Consumer Protection Act 1986 ensures the following as rights that every consumer in India should possess.
(i) Right to choice.
(ii) Right to information.
(iii) Right to redressal.
(iv) Right to representation.
(v) Right to safety
(vi) Right to consumer education
5. Categorise the following cases under different heads and mark against each in brackets.
(a) Lata got an electric shock from a newly purchased iron. She complained to the shopkeeper immediately. ( )
(b) John is dissatisfied with the services provided by MTNL/BSNL/TATA INDICOM for the past few months. He files a case in the District Level Consumer Forum. ( )
(c) Your friend has been sold a medicine that has crossed the expiry date and you are advising her to lodge a complaint ( ).
(d) Iqbal makes it a point to scan through all the particulars given on the pack of any item that he buys. ( )
(e) You are not satisfied with the services of the cable operator catering to your locality but you are unable to switch over to anybody else. ( )
(f) You realise that you have received a defective camera from a dealer. You are complaining to the head office persistently ( ).
6. If the standardisation ensures the quality of a commodity, why are many goods available in the market without ISI or Agmark certification?
7. Find out the details of who provides Hallmark and ISO certification.
Source: This topic is taken from NCERT TEXTBOOK
ISI AND AGMERK
While buying many commodities, on the cover, you might have seen a logo with the letters ISI, Agmark or Hallmark. These logos and certification help consumers get assured of quality while purchasing the goods and services. The organisations that monitor and issue these certificates allow producers to use their logos provided they follow certain quality standards.
Though these organisations develop quality standards for many products, it is not compulsory for all the producers to follow standards. However, for some products that affect the health and safety of consumers or of products of mass consumption like LPG cylinders, food colours, and additives, cement, packaged drinking water, it is mandatory on the part of the producers to get certified by these organisations.
Source: This topic is taken from NCERT TEXTBOOK