Under the Act, a consumer has been defined as a person who buys any good or hires or avails of any service for a consideration. Hospital which offer free service and doctors in hospitals which do not charge their patients are exempt from the Act Goods purchased for commercial purpose are also not covered in the Act except if a person buys the goods to be used; exclusively for the purpose of earning livelihood by means of self-employment.
A consumer can complain against unfair trade practices, defective goods and overcharging. An unfair trade practice means any deceptive or unfair practice, False claims regarding quality of goods and services and bargain sales without reduction of prices, false and misleading advertising, all come in the ambit of this Act.
Other examples of unfair practices are hoarding of goods to extract higher price, conduct of lottery, contest, game of skill or chance for sale promotion, and selling goods which are substandard.
Giving of guarantee that is not based on adequate tests, falsely representing any second hand goods or that the seller has a sponsorship which he does not have, are all unfair practices. Defects have been defined as any fault, imperfection, shortcoming in quality, quantity, purity, potency or standard which is required to be maintained by or under any law for the time being in force, or as is claimed by the trader in any manner whatsoever in reaction to any goods.
Defects in service include the provisions of facilities in connection with banking, finance, insurance, transport, electric supply, hotels, entertainment, and so on. All services provided by professionals such as lawyers, doctors and architects are included, except contracts of personal service between master and servant. A restrictive trade practice is defined as any trade practice that requires a customer to buy, hire or avail any goods or services as a condition precedent for buying any other goods or services.
Thus a dealer who forces someone to buy a gas stove with a gas connection is said to be indulging in a restrictive trade practice. A time limit of two years has been prescribed in the Act within which a complaint must be filed. A delay in flaring a case can, however, be condoned by the court in exceptional cases. The jurisdiction of the courts has been fixed according to the value of the compensation claimed or the cost of the goods and service in question.
If the cost of goods or services or the compensation being sought is less than Rs. It must be filed with a forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office. Consumer durables like refrigerator or a sewing machine or scooter etc, need maintenance. The sellers may not give these after sales services or may charge a high amount for them. There are many factors of causing exploitation of the consumer.
Illiteracy is one of the causes. An illiterate consumer can be cheated easily as she can neither read the name of the product nor the instructions.
Illiteracy also affects the level of consumer awareness. Lack of information is another cause. The seller may take advantage of the freedom of the market and keep away, important or correct information from the consumer. Price, composition, quantity, conditions of use, and terms of purchase all must be given to the consumer. Monopoly is also a cause of consumer exploitation. In market where only one or few producers or sellers operate, the consumer is more vulnerable.
This is all the more so in case of essential commodities like life saving drugs and food items. In Indian consumer protection was given importance in the past. Malpractices such as adulteration, overcharging and underweighting of the goods were considered as punishable offences.
The Indian ethos and culture promotes wise consumption. Consumption which does damage the environment and which generates a spirit of abstinence and sharing is held supreme. The rights of the consumer are protected in various ways in UK Law. The Regulations made some significant changes to the rights of consumers by substantially altering the Sale of Goods Act as amended.
They introduced additional rights where consumers purchase goods that turn out to be defective, and included provisions on guarantees given to consumers without extra charge Timewell, Terms implied under the SOGA are conditions provided that the Buyer has not accepted the goods, and so if the seller is in breach of contract, the Buyer has various remedies as defined by statute.
The Seller may seek to limit the type and extent of remedies available to the Buyer but may only do so as far as permitted by statute i. These remedies were already widely used in the UK prior to the legislation being amended as many suppliers, in the interests of good customer relations, allowed customers to return goods — but of course this did not have status in law Singleton, A.
If the Buyer takes the option either to repair or replace, he may not then reject the goods and terminate the contract for breach of condition assuming that the non-conformity amounts to a breach of condition until he has given the seller a reasonable opportunity to repair or replace the goods SOGAs 48D; SGSA ss 11M 2 , 11Q. Of note, however, there is no test for refusing price reduction or rescission of the contract on the basis of proportionality, according to what is least burdensome.
This is not a bad thing for consumers, who can demand rescission for a relatively minor defect where repair or replacement would be too expensive; however, the Courts have wide powers under the SOGA to replace the remedy required by the consumer with one it considers appropriate Section 48E 3 4 which may mean that the Consumer does not get the redress that he wants.
However, it is unlikely that the Courts will use the remedy frequently where the difference in cost between the contract price and the price of available substitutes can be recovered as damages under Section 51 3 SOGA Harris, The replacement remedy under Section 48B of the Act is welcome because, prior to the introduction of this, a consumer might find that even if he could obtain a refund, it would cost him substantially more for the same goods elsewhere although the additional costs would arise as a result of the natural and probable consequences of the breach and could be reclaimed, but there should be no need to go to the trouble of claiming under the new provisions.
The Buyer has to give the Seller a reasonable opportunity of repair and replacement, which may cause inconvenience to the Buyer who likely purchased the goods because he wanted use of them straight away. The remedies under Sections 48A-D of the SOGA are available when the goods do not confirm to the contract, and the burden of proof is favourable towards the Buyer — the goods will not conform where they are misdescribed, unsatisfactory quality or unfit for their purpose.
If this happens within six months of delivery, Section 48A creates a presumption that the goods were non-conforming when they were delivered, i. The Regulations also make provisions as to guarantees that manufacturers and retailers offer to consumers, which need not be formal but may be contained in brochures, sales literature, materials provided with the goods, advertising and websites Singleton, B.
Many consumers know their basic rights, but often the rights they do not know about are the ones that businesses deny. Therefore, the fact that consumers need educate themselves is essential if they are to prevent any further mistreatment/5(11).
Consumer awareness through consumer movements, is an effort to change this situation and to safegaurd the interests of the consumers. Logos and certification such as the ISI or Agmark logos help consumers get an assurance .
Essay about The Australian Consumer Law and Consumer Guarantees - The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. Consumer Rights CONSUMER RIGHTS WHO IS A CONSUMER 1. A person who has indicated his or her willingness to obtain goods and/or services from a supplier with the intention of paying for them. 2. Someone who has purchased goods and/or services for personal consumption 3.
It is only recently that it has been recognized that the consumer has his own rights which need to be protected. These rights are (i) the right of safety and the right to be protected against the marketing of goods which are health hazards or pose a danger to life itself. Essays - largest database of quality sample essays and research papers on Consumer Rights.