Consumer Protection
Consumer Protection
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.