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Anjuli Gupta

Empowering Consumers: Understanding Your Rights and Responsibilities

Updated: Oct 7



Consumer awareness is not just a term, it's a lifestyle choice. It’s the bridge that connects informed choices to quality of life, safety, and financial well-being. Knowing your rights and responsibilities as a consumer is a vital aspect of navigating the increasingly complex world of goods and services available in the marketplace.


Consumer awareness

Consumer awareness refers to the understanding and knowledge that a buyer should possess about a product before buying it. In other words, it's the practice of gaining critical information about products and services while being aware of one's rights as a consumer. This understanding empowers consumers to make informed decisions and protects them from fraud and unfair business practices. Key Aspects of Consumer Awareness are:


  1. Product Information: Being aware of product details, including quality, price, and manufacturing details like expiration date, ingredients, or materials used. In case of making online purchases, checking online reviews and ratings before purchasing a product or service to ensure it meets one's standards and expectations.

  2. Consumer Rights: Knowing the basic rights such as the right to be informed, right to choose, right to safety, and right to be heard.

  3. Reading Labels: Carefully reviewing and understanding labels, user manuals, or terms and conditions. An aware consumer reads food labels to check nutritional information, thereby avoiding products high in sugar, salt, or unhealthy fats.

  4. Knowing Redressal Mechanisms: Being aware of how and where to file complaints in case a product or service does not meet the required standards.

  5. Ethical Choices: Understanding the social, ethical, and environmental consequences of their purchasing decisions.

  6. Avoiding Scams and Frauds: Being cautious against deceptive advertisements, fraudulent schemes, and awareness of safe online shopping practices.


Consumer Rights

Various organizations and governments have outlined basic rights for consumers. The most globally accepted set are the Consumer Rights outlined by former U.S. President John F. Kennedy in 1962, which include:


  1. The Right to Safety: Protection against hazardous goods.

    1. Example: In 2016, Samsung initiated a global recall of its Galaxy Note 7 smartphones due to a flaw in the device's battery that caused it to catch fire. The recall was a classic example of consumers' "Right to Safety," protecting them from hazardous goods.

      1. Implications: This move not only protected consumers from potential harm but also demonstrated that companies must adhere to safety standards to maintain consumer trust.

    2. Example: In 2015, Maggi noodles faced a significant crisis in India when tests conducted by the Food Safety and Standards Authority of India (FSSAI) found excess levels of lead. The product was temporarily banned, and Nestlé India had to recall 38,000 tonnes of Maggi noodles from millions of retail shelves.

      1. Implications: The case underscored the consumer's "Right to Safety" in terms of food quality and health hazards. After the incident, Maggi revamped its safety practices to regain consumer trust.

  2. The Right to Be Informed: Access to accurate information.

    1. Example: The General Data Protection Regulation (GDPR) in the European Union empowers consumers with the "Right to Be Informed" about how their personal data is collected, stored, and used by companies.

      1. Implications: Consumers can now request a full report of their data, and companies must be transparent about data usage, thereby enabling consumers to make informed decisions about using services.

    2. Example: India's Consumer Protection Act mandates that e-commerce platforms provide detailed information about products or services, including total price, expiration date, and quality standards.

      1. Implications: This legislation enforces the "Right to Be Informed," allowing consumers to make educated choices when shopping online.

  3. The Right to Choose: Availability of a variety of quality products and services.

    1. Example: In the late 1990s and early 2000s, Microsoft faced antitrust lawsuits both in the United States and Europe. The core issue was the bundling of the Internet Explorer browser with the Windows operating system, thereby limiting consumer choice.

      1. Implications: The resulting rulings paved the way for more competition and choice for consumers, reinforcing the “Right to Choose” different products and services.

    2. Example: In 2017, TRAI introduced regulations that allowed consumers to opt for channels they wish to view, rather than being forced to buy bundles with unnecessary channels.

      1. Implications: This move reinforced the "Right to Choose" by providing consumers more freedom to customize their television packages, thereby promoting fair pricing.

  4. The Right to Be Heard: Assurance that consumer interests will be considered in policymaking.

    1. Example: The ongoing debate over net neutrality in the United States has allowed consumers to exercise their "Right to Be Heard." Numerous public forums and discussions have been held, and consumer opinions have been collected by regulatory bodies like the Federal Communications Commission (FCC).

      1. Implications: While the final status of net neutrality policies remains a complex issue, the inclusion of public opinions is a testament to the power of the consumer's voice in shaping public policy.

    2. Example: Websites like Consumer Complaints and Jago Grahak Jago (Wake Up Consumers) allow Indian consumers to voice their grievances publicly. These platforms often result in quick redressal as companies are eager to protect their public image.

      1. Implications: These platforms uphold the "Right to Be Heard" by giving consumers a space to share their experiences, both positive and negative, which can also serve as a guide for other consumers.


The above examples serve as robust real-world evidence that consumer rights are not just theoretical principles but actionable guidelines that have tangible impacts on our lives. By understanding and exercising these rights, consumers can play an active role in shaping a more equitable marketplace.


Duties of Consumers

As consumers, while it's crucial to be aware of our rights for a fair and fulfilling shopping experience, it's equally important to recognize our duties in the marketplace. Being responsible consumers not only protects our interests but also promotes fair trade and ethical business practices. Here's how we can actively engage in responsible consumerism:


  1. Be Informed: Always look for complete information about the product or service. In the era of online shopping, it's easy to click and buy without much thought. However, it’s the consumer’s responsibility to read product descriptions, compare prices, and check return policies.

  2. Compare: Look around, read reviews, and get the best deal.

  3. Keep Evidence: Always keep records of transactions.

  4. File Complaints: If wronged, the consumer should not shy away from lodging a complaint.


Consumer courts

These are specialized judicial setups that handle cases related to consumer grievances and disputes. While the structure can vary by country, these courts are generally designed to be more accessible than traditional courts and aim to resolve cases more swiftly.

In the United States, agencies like the Federal Trade Commission (FTC) work to protect consumers. In the European Union, the Consumer Rights Directive offers similar protections. These laws ensure that you can get a refund for a faulty product, for example, and ensure that businesses cannot deceive consumers with false advertising.

In India, the Consumer Protection Act of 2019 established the Consumer Disputes Redressal Commission at District, State, and National levels to address consumer complaints. It has provisions for filing complaints online, speedy trials, and penalties for deceptive advertising, among other things.


Knowing how to navigate the consumer court system empowers individuals to take action against unfair or deceptive business practices. Awareness of this pathway for redressal is a crucial part of consumer education and can offer consumers more confidence in participating in the marketplace.


Case Studies

Case Study 1 : The Tale of a Faulty Air Conditioner in India

Background:

Sandeep Sharma, a resident of Bangalore, purchased a high-end air conditioner for his home. The product came with a one-year warranty and multiple features. However, within three months, the appliance started malfunctioning.


Initial Steps:

Sandeep lodged multiple complaints with the customer service of the company, and despite several attempts to fix the issue, the problems persisted.


Taking Legal Action:

Frustrated by the repeated failures to resolve the issue, Sandeep decided to take legal action. Equipped with a solid understanding of his consumer rights, he filed a case in the local Consumer Court, citing mental agony, inconvenience, and financial loss.


The Case:

Sandeep presented all evidence, including purchase invoices, warranty cards, and the email trail of his conversations with customer service. He also provided documentation of the technician visits and the failed attempts to repair the air conditioner.


Verdict:

The Consumer Court ruled in favor of Sandeep, stating that he was a victim of a defective product and poor customer service. The court ordered the company to either replace the air conditioner with a new, fully functional unit or refund the full purchase price. Additionally, the court awarded Sandeep ₹10,000 as compensation for the mental agony and inconvenience he had endured.


The Aftermath:

The company chose to replace the air conditioner and paid the ordered compensation. This case set a precedent and served as a public reminder that consumers have rights that are protected by law.


Case Study 2: Apple's "Batterygate" and the Consumer Win

Background:

In December 2017, Apple confirmed that software updates had been slowing down older iPhones. The updates were intended to manage aging lithium-ion batteries, but consumers were not informed about this effect, leading to widespread dissatisfaction and claims that Apple was forcing users to upgrade to newer models.


Legal Action:

A multitude of class-action lawsuits were filed against Apple in the United States, alleging that the company had engaged in deceptive practices. Regulatory bodies in other countries, including France and Italy, also took up investigations.


Consumer Awareness:

Consumers became increasingly aware of their rights, thanks in part to extensive media coverage. Many demanded compensation and that Apple be more transparent about such updates in the future.


Settlement:

Apple reached a settlement agreement in the U.S. to pay up to $500 million to settle the litigation. According to the terms, Apple would pay consumers at least $25 per affected iPhone, although this amount could vary based on the number of claims submitted.


Corporate Changes:

Apple also updated its software to give users a more transparent view of battery health and performance, allowing them to make more informed decisions about their devices.


The Outcome:

This case became a landmark of consumer rights versus corporate secrecy. It exemplified how consumer awareness and legal action can result in significant changes in corporate behavior and policy.


Importance of Consumer Awareness

  1. Protection against Exploitation: Aware consumers are less likely to be cheated or exploited.

  2. Quality Assurance: An informed buyer knows how to identify the quality markers in a product or service.

  3. Value for Money: Knowledgeable consumers can better evaluate pricing, ensuring that they get the most out of every dollar spent.

    1. Example: Organic Food Labels-If the consumer is aware of what "organic" means and the certification process involved, they are more likely to choose a genuinely organic product rather than falling for misleading labels.


Conclusion

Consumer awareness is not just a personal advantage; it’s a collective good. The more informed all consumers are, the more ethical, transparent, and customer-oriented businesses will have to become. In the world of mass production and ever-changing trends, being a conscious consumer is not only a right but also a responsibility we owe to ourselves and to society at large.


So, the next time you're about to make a purchase, pause and think. Are you an aware consumer?

 
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19. 9. 2023
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Anjuli Gupta
09. 10. 2023
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