Rights of Consumers

In one minute

Section 2(9) of the Consumer Protection Act, 2019 lists six consumer rights. They are the right to safety, to information, to access at competitive prices, to be heard, to seek redressal, and to consumer awareness. The list says "includes", so it is not closed.

In exams, this topic is asked as "explain the rights of consumers", and as a problem matching facts to a right. The usual trap is to give the older list of 1986 or the American four rights as if they were the current law.

Legal provision

• Consumer Protection Act, 2019, section 2(9): defines consumer rights.
• Sections 5, 7 and 9: the Central, State and District Councils render advice on promotion and protection of consumer rights.
• Section 18: the Central Authority protects, promotes and enforces the rights of consumers as a class.
• Consumer Protection Act, 1986, section 6: the earlier list of six rights, with the right to consumer education in place of consumer awareness.

Meaning and definition

"Consumer rights" in section 2(9) includes the six rights set out below. The word "includes" means that other rights can also be recognised.

Detailed explanation

Step 1: Right to safety

• The right to be protected against the marketing of goods, products or services that are hazardous to life and property (section 2(9)(i)).
• Example: electrical appliances must meet safety standards. A seller who offers unsafe goods can be proceeded against, and the Central Authority can recall them.
• A complaint can also be made about hazardous goods or services offered in contravention of safety standards (section 2(6)).

Step 2: Right to information

• The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, so as to protect the consumer against unfair trade practices (section 2(9)(ii)).
• Labels, price tags, expiry dates, ingredients and warnings serve this right.
• A trader who charges more than the displayed price commits a wrong covered by section 2(6)(iv).

Step 3: Right to a choice and competitive prices

• The right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices (section 2(9)(iii)).
• It is linked with the rules against restrictive trade practices that restrict supply or manipulate prices.

Step 4: Right to be heard

• The right to be heard and to be assured that the consumer's interests will receive due consideration at appropriate fora (section 2(9)(iv)).
• It is served by the Consumer Protection Councils and by the right of a party to be heard before the Commission.

Step 5: Right to seek redressal

• The right to seek redressal against unfair trade practice, restrictive trade practices or unscrupulous exploitation of consumers (section 2(9)(v)).
• It is enforced through the Consumer Commissions and mediation.

Step 6: Right to consumer awareness

• The right to consumer awareness (section 2(9)(vi)).
• It is promoted by the Councils, the Central Authority and consumer associations.

Step 7: How the rights are enforced

• Individually, by a complaint to the District, State or National Commission.
• As a class, by the Central Consumer Protection Authority, which can inquire, file complaints, intervene in proceedings, recall goods and impose penalties (section 18).
• Through consumer associations, which can file complaints for consumers (section 35).

Step 8: Origin of the list

• The American President's message of 15 March 1962 stated four rights: safety, to be informed, to choose and to be heard.
• The United Nations Guidelines for Consumer Protection of 1985 added redress, consumer education and others.
• The 1986 Act in section 6 listed six rights. The 2019 Act uses almost the same list, with consumer awareness in place of consumer education.

• Consumer rights, section 2(9)
  • Before buying
    • Safety (i)
    • Information (ii)
    • Choice at competitive prices (iii)
  • After a wrong
    • To be heard (iv)
    • Redressal (v)
    • Awareness (vi)

Don't confuse: consumer rights and consumer remedies

Point	Consumer rights	Consumer remedies
Where	Section 2(9)	Section 39 and related sections
Nature	Entitlements of the consumer	Orders the Commission may make
Example	The right to be informed of the price	Refund of the price

Common mistakes

• Giving the American four rights as the current Indian law.
• Giving "consumer education" as a right of the 2019 Act. The 2019 Act says consumer awareness.
• Treating the list as closed. The word is "includes".
• Mixing rights with remedies.
• Forgetting that the Authority protects the rights of consumers as a class.

Apply it

Leading case laws

• Lucknow Development Authority v. M.K. Gupta (1994)

  Facts. A statutory housing authority argued that it could not be sued before a consumer forum.

  Principle. The Supreme Court read deficiency in service in a purposive way to protect consumers.

  Significance. The right to redressal is not cut down by technical objections.

• L.I.C. of India v. Consumer Education & Research Centre (1995)

  Facts. A consumer organisation challenged a term of a policy that shut out the self-employed.

  Principle. The term was arbitrary under Article 14 and was struck down.

  Significance. Shows consumer rights and the role of consumer organisations.

• SpiceJet Ltd. v. Ranju Aery (2017)

  Facts. An airline cancelled a connecting flight, refused a refund and offered no alternative.

  Principle. The consumer fora held it a deficiency in service and gave relief.

  Significance. The right to redressal in action.

How to write this answer in the exam

Key points to remember

• Six rights in section 2(9): safety, information, choice at competitive prices, to be heard, redressal, awareness.
• The list uses "includes", so it is open.
• The 1986 list had consumer education in place of awareness.
• The Authority protects rights as a class (section 18).
• Councils advise on promotion of rights.

Quick self-test

Related topics

• Consumerism
• Consumer Protection Councils
• Central Consumer Protection Authority (CCPA): establishment, composition and powers