Consumer Rights
Choice, redressal and the consumer commissions
Explain the rights to choice and redressal and how consumer commissions work.
The right to choice. You cannot be forced to buy something you do not want. If a shop sells toothpaste only with a toothbrush, or a gas dealer insists you buy their stove with a new connection, your right to choice is denied. Any consumer, of any age or gender, may also decide whether to keep using a service.
Abirami's case. Abirami, from Ansari Nagar in New Delhi, joined a two-year coaching course and paid the full fee of Rs 61,020 in advance. After one year, she found the teaching poor and left, but the institute refused to refund a year's fee.
- The District Consumer Commission ordered a refund of Rs 28,000, because she was free to choose whether to continue.
- The institute appealed. The State Commission upheld the order, made the institute pay a fine of Rs 25,000 for a frivolous (pointless) appeal, and ordered it to pay Rs 7000 as compensation and legal costs.
- It also barred all institutions in the state from charging the whole course fee in advance at one go.
The right to redressal. Consumers have the right to seek redressal (justice) against unfair practices and exploitation, and to get compensation according to the damage done. You can file a complaint with or without a lawyer. Today a consumer can file alone or as a group (a class action suit), in person or online, and attend hearings by video conferencing.
Prakash's case, step by step. For his daughter's wedding, Prakash posted a money order home to his village, but it never arrived.
- He asked at the post office, which gave no satisfactory answer.
- He asked the local consumer protection council to advise him.
- He filed a case at the District Commission in New Delhi, filling a registration form; the commission sent a notice to the post office.
- He argued the case himself; the judge checked the documents and heard both sides.
- The commission announced its verdict.
Who helps, and who decides.
- Consumer forums or consumer protection councils are voluntary organisations that guide consumers on filing cases and sometimes represent them; they get government money for spreading awareness. Residents' Welfare Associations also take up members' complaints.
- Consumer Disputes Redressal Commissions decide the cases. COPRA set up a three-tier quasi-judicial system:
- District Commission: claims up to Rs 1 crore;
- State Commission: claims from Rs 1 crore to Rs 10 crore;
- National Commission: claims above Rs 10 crore.
When the district level dismisses a case, you can appeal to the state, then the national commission. This is the right to representation in action.
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