short case study on consumer rights

Before legal recourse, attempt to negotiate a repayment plan with the debtor directly. Open communication can often lead to a mutually agreeable solution.

Top 10 Case Study on Consumer Rights

We know consumer laws and courts exist, but only by reading through some case law can you understand how you as a consumer can exercise your rights!

Table of Contents

On an everyday basis, we purchase products and services. From our basic necessities like food and clothing to services like banking and education, we are dependent on companies and organisations to live comfortably in the present day, and we give them our hard-earned money in return. But sometimes, companies might fail to provide quality services or products. Many know there exist consumer courts and laws that protect consumers from consumer exploitation . But have you ever wondered who goes to these courts and what types of cases are filed? You would be surprised to know how basic these cases can be. So, here are 10 interesting case study on consumer rights curated for you.

Top 10 Case Studies on Consumer Rights

1. banks can’t always escape using ‘technical difficulties’.

We have come to rely on banks so much. A recent case study on consumer rights highlighted the need for stronger regulations. More than ever, most of our transactions are digital and heavily reliant on banks for these. Have you ever had your transaction fail due to the server being down or other errors?

Dipika Pallikal, a squash champion and Arjuna awardee found herself in an awkward situation when she used her Axis Bank Debit Card in a hotel at Netherlands’ Rotterdam failed. She had had 10 times the bill amount in her account at that time. Due to this, she faced a loss of reputation and humiliation. The bank said the incident was a case of ‘ Force Majeure’ (an act of god/ something beyond control)

Apart from that, the bank had also returned a cheque of ₹1 lakh issued to her by the government of India and blamed it on a technical error.

Dipika moved the consumer court in Chennai against Axis Bank

Court Decision

The court found that there was a deficiency of service on the part of Axis Bank and directed the bank to pay a compensation of ₹5 lakh and ₹5000 as expenses.

Key Takeaway

Banks are like any other service provider. We trust them with our money and they must perform the services we were promised. They cannot hide behind ‘technical difficulties’ or ‘ force majeure ’ and let customers suffer for it.

2. You Don’t Have to Be a Celebrity to Win a Consumer Case

A humble tea vendor, Rajesh Sakre, is an example of this. He had ₹20,000 in his State Bank of India account and had withdrawn ₹10,800. On his next visit to the ATM, however, he realized all his money was gone. When he asked the bank authorities they blamed it on him. 

So, he went to the District Consumer Disputes Redressal Forum with his grievance. He couldn’t afford a lawyer and he argued the case himself. This case study on consumer awareness presents insights into how consumers are becoming more vigilant.

The forum ruled in his favor and ordered the State Bank of India to return the ₹9,200 with 6% interest, pay ₹10,000 as compensation for mental anguish caused by the issue, and ₹2,000 for legal expenses.

It doesn’t matter who you are, as long as you have a valid case you can approach the Consumer Cases Forum. And even big companies and government entities like the State Bank of India can be made to answer for their mistakes.

3. Not All Free Items Are Welcome

Imagine you bought a bottle of Pepsi and found a packet of gutka floating in it! It happened to Rajesh Rajan from Ahmedabad when he bought Pepsi from a local store. He sent a legal notice for defective goods to the company immediately and approached a Consumer Cases Dispute Redressal Forum. Every case study on consumer complaints tells a unique story of a consumer’s journey towards justice.

Moreover, he claimed that there was a deficiency in service that could have caused a health hazard to him. He demanded compensation of ₹5 lakh for the same.

The consumer forum passed an order in favor of Rajesh Rajan and directed the company to pay a total of ₹4008 (₹4000 for compensation and ₹8 for the Pepsi he purchased).

Rajesh moved the State Consumer Dispute Redressal Commission, asking for higher compensation as ₹4008 was too low and he had spent ₹500 on sample testing itself. The State Commission passed an order asking the company to pay ₹20,000 as compensation and ₹2000 towards costs as it found Rajesh’s argument reasonable.

Free items are not all welcome! It is a deficiency in service on the part of the provider if you find anything in your food (packaged or otherwise) that isn’t supposed to be there. The Consumer Cases Forums are a good place to take them.

4. Paying More Than the MRP? You Shouldn’t.

It has become common to charge more than the maximum retail price (MRP) for packaged goods. Especially in places like theatres, food courts, railway stations, etc, we see this happen a lot and mostly ignore it. Among the prominent consumer cases last year, the MRP case stood out for its complexity

Mr Kondaiah from Andhra Pradesh, on the other hand, didn’t ignore it when he noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was ₹20. He filed a case against them in the District Consumer cases Disputes Redressal Forum for ‘unfair trade practice’. He supported his claim by producing the bill. The MRP case study on consumer rights brought to light some gaps in the existing regulations.

The court decided in favour of Mr Kondaiah and said that a practice is not justified just because it is widely common. Mr Kondaiah was awarded a compensation of ₹20,000, ₹20 (the extra money charged) and ₹5,000 in costs. 

No authority has the power to charge above the MRP for any packaged goods. It doesn’t matter where it is sold, you are not required to pay a rupee above the MRP.

5. No MRP at All on the Product?

Baglekar Akash Kumar, a 19-year-old got a book and ₹12,500 because of the book. How? He purchased the book online and when it was delivered, he noticed that there was no MRP mentioned in it. He browsed the internet and saw that the book was sold at different prices in different places.

So, he went to the consumer cases forum and filed a case against Penguin Books India Pvt. Ltd and the paper company.

The court held that not publishing MRP on the product without a valid reason is an ‘unfair trade practice’. MRP exists to ensure that a consumer is not overcharged for the product. So, it is mandatory for companies to print MRP.

The publishers were asked to print the retail price of the book and Akash was awarded ₹10,000 as compensation and ₹2,500 as costs.

It is required under law for companies to put MRP on every product. If you see a product without MRP, then it is a violation of Consumer Cases Protection Laws and you can take them to court. 

6. Medical Services Fall Within the Scope of the CPA

Do medical services fall under CPA? When there was a little confusion in this regard, the Indian Medical Association (IMA) decided to get this question resolved once and for all. The CPA case study on consumer rights brought to light some gaps in the existing regulations. The Medical Services case study on consumer complaints became a landmark case in consumer rights advocacy.

IMA approached the Supreme Court, asking them to declare that medical services are out of the scope of the CPA. They gave the following arguments to support their claim:

• Medical professionals are governed by their own code of ethics made by the Medical Council of India. 
• In the medical profession, it is hard to guarantee the end result of treatments. Many external factors which are out of the control of the professional can impact the outcome. So, allowing consumer claims will cause people to file a case whenever a treatment doesn’t work out.
• There are no medical science experts in the consumer complaints online.
• Medical service provided by government hospitals will not fall under the Act especially when the service is provided for free. 

These were decent points. After consideration, the court settled the claims in the following manner.

Medical services provided by any professional (private or government) will be covered by CPA. This means  people can file a case in a Consumer Court if the service provided is not in confirmation with the Act.

• Doctors and hospitals who treat patients for free cannot be sued by a person who availed their services for free. 
• In a government hospital, where services are provided free of charge – the Consumer Protection Act India would not apply.

Apart from these two exceptions, the Act will apply when a person gets treated in government hospitals for free, when a poor person gets treated for free, and when insurance money is used for treatment.

7. Tired of the False Claims Made by Skin and Hair Care Products Yet?

Maybe you are not tired yet or you are too tired to question. However, a 67-year-old man from Kerala’s remotest areas was tired of these consistent lies and how companies got away with them.

In 2015, K Chaathu complained against Indulekha (beauty product manufacturers) and Mammootty (an actor who was the brand ambassador of the company) for putting up misleading ads. The tagline of the soap was ‘soundaryam ningale thedi varum’ which meant ‘beauty will come in search of you. The ads also claimed that people using the soap would become ‘fair’ and ‘beautiful’ but the 67-year-old didn’t become fair or beautiful.

Funny, right?

Compensation Paid

Indulekha paid him ₹30,000 in an out of court settlement while the initial claim of Chaathu was ₹50,000. When he was asked about this, he said that this case was never about the money but about how these companies put up advertisements every day with false claims. And it is not okay to let these people get away with it.

Key Takeaways

Advertisements are made to sell the products, so exaggeration of results is too common. But this doesn’t make it okay to make false claims just for the sake of selling the products. Making false claims in violation of the CTA.

8. Homebuyers Are Consumers

Imagine you decide to buy a house (a dream come true for many). You do a lot of research, pool your hard-earned money, and pay a real estate developer to build the house for you. They promise to deliver within 42 months but 4 years later they haven’t even started construction. 

This is what happened to two people and they decided to move the National Consumer Disputes Redressal Commission (NCDRC) for it. The Homebuyer’s case study on consumer rights was instrumental in changing local regulations.

NCDRC decided in favour of the homebuyers and asked the real estate developer to refund the money with a simple interest of 9% per annum. They were also awarded a compensation of ₹50,000 each.

The real estate developer challenged this in the Supreme Court, saying that the issue is covered under another Act (Real Estate (Regulation and Development) Act) and therefore cannot be taken in a consumer court. But the Supreme Court denied their argument saying that as long as the other Act explicitly stops people from getting remedy under other laws, they will be allowed to do so.

Our laws are in such a way that even though there are other remedies available, in most cases where you are a buyer of a product or a service, you will have protection under the Consumer Protection Act. 

9. Insurance Claims Cannot be Rejected on Mere Technicalities

We pay the premium and get insurance to protect us from losses we can’t foresee. Sadly, many people have had bad experiences with the insurance company. Om Prakash, for example, had his truck stolen and claimed insurance for the same. The truck was stolen on 23.03.2010, the FIR was filed on 24.03.2010, and the insurance claim was filed on 31.03.2010. 

The insurance investigator was sent and he confirmed that the claim was genuine. The claim was approved for the amount of ₹7,85,000/-. But the amount was never given to Om Prakash. With the rise in consumer court cases , companies are now more cautious about their policies and practices. When he sent the insurance company a legal notice for the same, they replied saying that there was a breach of terms and conditions: 

“immediate information to the Insurer about the loss/theft of the vehicle”

Om Prakash was late to apply for insurance because he was held up by the police to try and recover his vehicle.

While the consumer courts didn’t allow his case, the Supreme Court allowed his appeal and held in favour of him. It was ruled that insurance companies cannot escape from paying the claimants on technical grounds. Especially when the claimant has valid reasons for it.

The Court directed the Respondent company to pay a sum of ₹8,35,000/- to the Appellant along with interest @ 8% per annum. He was also awarded ₹50,000 as compensation.

Over the years, many judgments have been made to ensure that insurance companies are accountable and do not escape from paying valid claims. If you experience a similar situation with your insurance provided, you can approach the consumer court.  

10. iPhone 5S Gold for ₹68 + ₹10,000

Let’s close the list with a fun one! How would it be to get an iPhone at just ₹68? In 2014, Nikhil Bansal (a student) saw this unbelievable offer on Snapdeal (a discount of ₹46,651) and ordered it immediately as any sane person would. He received an order confirmation but later he was told that the order was canceled. They claimed that the offer itself was a technical glitch. “The iPhone case study on consumer complaint showcased the challenges consumers face even in today’s digital age.

When he approached the e-commerce consumer complaints India Forum, he claimed that these kinds of offers were misleading people and it was the duty of Snapdeal to honour the order. The forum ruled in his favor and asked Snapdeal to deliver him the iPhone for ₹68 and asked him to pay a compensation of ₹2,000.

When Snapdeal appealed this order, the compensation was raised to ₹10,000! 

Key Takeaway – Case Study on Consumer Rights

E-commerce stores are just as answerable as any other shop owner under the Consumer Protection Act. So if you face any issues like this with them, consider taking it to the consumer court. Through each case study on consumer rights, we can learn more about our rights and responsibilities

Consumer forums exist to protect consumers from consumer exploitation and ensure that we are not cheated by the companies we pay for getting products or services. Knowing your rights is the first step towards becoming a conscious consumer. 

Don’t hesitate to approach the consumer court if you have a valid claim of consumer exploitation . Even if it is for an ₹ 8 product like Pepsi, a valid claim should be taken to the forum.

What is the Consumer Protection Act?

The Consumer Protection Act is a law that safeguards the interests of consumers against unfair trade practices and ensures their rights to quality goods and services.

When was the Consumer Protection Act passed?

The Consumer Protection Act was passed in 1986 and later updated with the Consumer Protection Act, 2019.

Who is a consumer under the Consumer Protection Act?

A consumer is any individual who purchases goods or services for personal use, not for manufacturing or resale.

Who can file a complaint under the Consumer Protection Act?

A complaint can be filed by a consumer, any recognized consumer association, or the Central or State Government on behalf of a consumer.

What is a consumer rights case study?

A consumer rights case study involves analyzing a real-life scenario where a consumer faced issues with a product or service and sought legal resolution under consumer protection laws.

What are consumer cases in India?

Consumer cases in India refer to legal disputes brought by consumers against businesses for grievances related to defective goods, poor services, or unfair trade practices.

What are some examples of consumer rights?

Examples of consumer rights include the right to safety, the right to be informed, the right to choose, the right to be heard, and the right to redressal.

What is the consumer rights class 10 project?

The consumer rights class 10 project typically involves students researching and presenting on the various rights of consumers and how they are protected under the law.

Who is a consumer class 10 SST project?

In the class 10 Social Science (SST) project, a consumer is defined as an individual who purchases goods or services for personal use and is protected under consumer laws.

About the Author

Nithya Ramani Iyer

Nithya Ramani Iyer is an experienced content and communications leader at Zolvit (formerly Vakilsearch), specializing in legal drafting, fundraising, and content marketing. With a strong academic foundation, including a BSc in Visual Communication, BA in Criminology, and MSc in Criminology and Forensics, she blends creativity with analytical precision. Over the past nine years, Nithya has driven business growth by creating and executing strategic content initiatives that resonate with target audiences. She excels in simplifying complex concepts into clear, engaging content while developing high-impact marketing strategies. Nithya's unique expertise in legal content and marketing makes her a key asset to the Zolvit team, enhancing brand visibility and fostering meaningful audience engagement.

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The Law Gurukul

Legal Awareness Initiative

A New Case Study on Consumer Rights

Written by: Girish N P

Everybody is consumer in a way or other. But, it's pathetic that only few are aware of their rights.

Why it's important to know consumer right?

Well, the simplest answer is to get rid of deception by cheater.

What actually is Consumer Right?

It's an exclusive right of the end user as prescribed by the law of a country. Hence, consumer rights vary from country to country.

What's new now?

Because of the emerging technologies and COVID19 like unexpected situations, every government is regulating to the future scenario. Thus a reforming, revolutionary and resolving consumer rights is very much in need.

A recent case study by iconsumer.in shows a magnificent number of 33 Consumer Rights! The analysis included top economics of the world, middle income and low income category. A total of 49 countries were taken into consideration.

Here is the list: -

33 Consumer Rights across the globe

1. Right to Safety

2. Right to be Informed

3. Right to Choose

4. Right to be Heard

5. Right to Seek redress

6. Right to Consumer Education

7. Right to a healthy environment

8. Right to satisfaction of basic needs

9. Right to file a Consumer Complaint from anywhere

10. Right to seek compensation under product liability

11. Right to protect consumers as a class

12. Right to seek a hearing using video conferencing

13. Right to know the reason for complaint rejection

14. Right to Truthful Advertising

15. Right to have faulty goods repaired or replaced

16. Right to contracts without unfair clauses

17. Right to return most goods purchased online within 14 days

18. Right to free assistance from European Consumer Centers

19. Right to access goods and services on the same terms as local customer

20. Right to change your mind

21. Right to refund for delayed or non-delivery

22. Off-Premise Purchases Rights

23. Store Purchase Rights

24. Air Passenger Rights

25. Rail Passenger Rights

26. Maritime Travel Rights

27. Road Travel Rights

28. Package Travel Rights

29. Accommodation Rights

30. Right of Fair Deal

31. Right that Human Dignity is respected

32. Right to exercise supervision

33. Right to Privacy

Some of the key findings of study are:

The highest priority of all 49 countries was found to be the safety of the consumers.

The basis of all the consumer rights is guidelines set by United Nations.

Few of the countries don't have consumer rights. And some have laws on consumer protection.

Fascinated to read more in detail

Check out the link here

https://iconsumer.in/consumer-rights/

• Consumer Rights

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Consumer Rights SAMPLE PROJECT.pptx

Satyam, a 10th grade student, completed a school project on consumer rights in India under the supervision of his social science teacher. The project included an introduction defining consumer rights and protections, a discussion of some key consumer rights according to Indian law including the right to information, choice, redressal, safety, and representation. It also presented a case study analyzing a landmark 1997 court case where parents sued a hospital for medical negligence resulting in their child becoming vegetative. The court ruled in favor of the parents and child, establishing an important precedent regarding consumer rights and compensation. The project concluded that India has established consumer protection laws and forums to help citizens seek redressal for unfair marketplace practices in a timely and affordable manner. Read less

More Related Content

• 1. CONSUMER AWARENESS NAME: SATYAM CLASS: 10 SECTION: A SUBJECT: SOCIAL SCIENCE PROJECT SCHOOL: SUNBEAM ENGLISH SCHOOL, BHAGWANPUR, VARANASI
• 2. CERTIFICATE This is to certify that Mr. Satyam of Class X-A of Sunbeam English School, Bhagwanpur, Varanasi has completed his project under my supervision. He has taken proper care and utmost sincerity in completion of the project. I certify that this project is up to my expectation and as per the guidelines issued by CBSE, New Delhi.
• 3. ACKNOWLEDGEMENT It is a pleasure for me to acknowledge my gratitude to the people who have tremendously helped me in making this very project. The suggestions given by my subject teacher were immensely helpful. The references from the internet helped me equally. I am fortunate enough to have all these great minds around me to help me.
• 4. INDEX S. NO. TITLE SLIDENO. 1. INTRODUCTION 5 2. SOME CONSUMER RIGHTS IN INDIA 7 3. CASE STUDY 9 4. CONCLUSION 13
• 5. INTRODUCTION CONSUMER RIGHTS • Consumer rights is ‘the right to have information about the quality, potency, quantity, purity, price and standard goods or services’, as it may be the case, but the consumer is to be protected against any unfair practices of trade. It is very important for the consumers to know their rights. • Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against any unfair practices in the marketplace. Consumer protection measures are often established by law. A new and modified Consumer Protection Act was passed by the Parliament of India in 2019.
• 7. SOME CONSUMER RIGHTS IN INDIA 1. Right to be Informed- About the goods and services that they purchase. 2. Right to Choose- Any consumer who receives a service, irrespective of age, gender has the right to choose whether to continue the service or not. 3. Right to Seek Redressal- Against unfair trade practices and exploitation. 4. Right to Represent- Consumers can represent themselves in consumer courts. 5. Right to Safety- Right to be protected against the marketing of hazardous and unsafe goods and services.
• 9. CASE STUDY-RIGHT TO CHOOSE Spring meadows hospital vs Harjot Ahluwalia This landmark case arises out of a complaint against Spring Meadows Hospital, where the minor child-Harjot Ahluwalia was admitted by his parents. The child was diagnosed with typhoid and was injected a solution by a nurse after which his condition deteriorated. He was shifted to an auto respiratory ICU at AIIMS, where it was found that due to the injection administered, his brain got damaged and he would only live in a vegetative state of life. The parents of the child approached the court for a case of medical negligence and demanded compensation on behalf of child.
• 10. ARGUMENTS BY THE NURSE AND THE HOSPITAL • There was no medical negligence as the nurse was professionally qualified. • The solution of injection administered was already being given in the oral form, hence the nurse did not do any test for injection. • The nurse did no exercise any independent decision, was only acting as per directions of the pediatrician. • The hospital also argues that compensation cannot be claimed twice, by both the child and his parents. • The hospital also sought refuge in the fact that after the child was declared vegetative by AIIMS, they volunteered to offer medical services without charge to the parents.
• 11. COURT’S VERDICT • The court while making a case for gross negligence quashed these arguments and held the hospital responsible, for the medical college of the nurse had no affiliation, the injection overdose had led to the child’s brain damage and there was no resident doctor present. • Definition of consumer wide enough to cover the beneficiary: When a young child is taken to a hospital by his/her parents and the child is treated by the doctor, the parents would come within the definition of the consumer having hired the services, and the young child would also become a “consumer” under the inclusive definition.
• 12. COURT’S VERDICT • Compensation can justifiably be claimed by both parents as well as the child: The court states that the child is justified in seeking compensation for the recurring medical expenses, equipment, etc., for the vegetative state he is rendered in. The parents are also, as beneficiaries entitled to seek compensation for the pain, acute mental agony and lifelong care that they’d be required to give to the child. As a result, the court upheld the compensation of Rs.17.5 lakhs awarded by the National Commission, which was also the highest amount ever awarded until the case was decided in 1997.
• 13. CONCLUSION CONSUMER PROTECTION IN INDIA In India, consumer protection is specified in The Consumer Protection Act, 2019. Under this law, Separate Consumer Dispute Redress Forums have been set up throughout India in each and every district in which a consumer can file his complaint on a simple paper with nominal court fees and his complaint will be decided by the Presiding Officer of the District Level. The complaint can be filed by both the consumer of a goods as well as of the services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes Redressal Commission (NCDRC).The procedures in these tribunals are relatively less formal and more people friendly and they also take less time to decide upon a consumer dispute when compared to the years-long time taken by the traditional Indian judiciary. In recent years, many effective judgments have been passed by some state and National Consumer Forums.
• 14. THANK YOU

Consumer Rights

Class 10 th Social Science- Consumer Rights

Case Study 1: Understanding Consumer Rights

Context: In today's market, consumers often face challenges such as misleading advertisements, inferior quality products, and unfair trade practices. To protect consumers from exploitation, the government has established rights that empower individuals to make informed choices and seek redressal for grievances.

• A. To restrict market competition
• B. To protect consumers from unfair trade practices
• C. To promote only local products
• D. To enhance the profits of companies
• A. Right to a monopoly
• B. Right to safety
• C. Right to free products
• D. Right to unlimited information
• A. Ignore the issue
• B. Seek legal redressal
• C. Accept the situation
• D. Blame the government
• A. To limit consumer choices
• B. To regulate market prices
• C. To ensure fair trade and safeguard consumer interests
• D. To support business monopolies

Case Study 2: The Consumer Protection Act

Context: The Consumer Protection Act was enacted to empower consumers and provide a mechanism for resolving disputes. It establishes various consumer rights, including the right to be informed, the right to choose, and the right to seek redressal, ensuring that consumers can make informed decisions.

• A. Increase prices of goods
• B. Empower consumers and protect their rights
• C. Limit consumer information
• D. Promote only foreign products
• A. Right to safety
• B. Right to be informed
• C. Right to choose
• D. Right to seek redressal
• A. By taking the matter to court without any process
• B. Through the designated consumer forums
• C. By complaining to the company only
• D. By ignoring the issue
• A. Consumers cannot return defective products
• B. Consumers can file complaints against unfair trade practices
• C. Consumers have no right to information
• D. Only large corporations are protected

Case Study 3: Awareness and Education

Context: Consumer awareness is vital for the effective implementation of consumer rights. Educating consumers about their rights helps them recognize unfair practices and empowers them to make informed decisions when purchasing goods and services.

• A. To promote ignorance about rights
• B. To empower consumers to recognize unfair practices
• C. To limit consumer knowledge
• D. To discourage complaints
• A. Misleading advertisements
• B. Consumer workshops and seminars
• C. Reducing access to information
• D. Increasing prices
• A. Increased vulnerability to fraud
• B. Ability to make better purchasing decisions
• C. Decreased knowledge of rights
• D. Acceptance of poor-quality products
• A. To restrict access to consumer information
• B. To facilitate awareness programs and initiatives
• C. To increase the cost of consumer goods
• D. To promote only business interests

Case Study 4: Challenges Faced by Consumers

Context: Despite the existence of consumer rights, many individuals face challenges such as deceptive marketing practices, substandard goods, and inadequate after-sales service. These issues highlight the need for stronger enforcement of consumer rights and greater awareness among consumers.

• A. Availability of high-quality products
• B. Deceptive marketing practices
• C. Excessive choice in products
• D. High levels of consumer awareness
• A. By ignoring all advertisements
• B. By researching products before purchasing
• C. By relying solely on sales promotions
• D. By buying impulsively
• A. Improved product quality
• B. Increased consumer trust
• C. Exploitation of consumers by businesses
• D. Enhanced competition in the market
• A. Strengthening consumer rights enforcement
• B. Reducing consumer education initiatives
• C. Limiting access to consumer forums
• D. Encouraging unfair trade practices

Case Study 5: Role of Consumer Forums

Context: Consumer forums serve as an essential platform for consumers to voice their grievances and seek justice. They provide a mechanism for resolving disputes, offering support to consumers who feel their rights have been violated, thus playing a crucial role in consumer protection.

• A. To promote products
• B. To resolve consumer disputes and grievances
• C. To increase prices of goods
• D. To limit consumer choices
• A. By ignoring their problem
• B. By filing a complaint with necessary evidence
• C. By making verbal complaints only
• D. By contacting only the manufacturer
• A. Only issues related to food
• B. Any complaint regarding consumer rights violations
• C. Personal disputes unrelated to consumer rights
• D. Issues only concerning large corporations
• A. Lengthy legal processes
• B. Free services and quicker resolution
• C. Inaccessible to average consumers
• D. High fees for complaints

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Case Study on Consumer Protection Act with Solution

Consumer rights are fundamental in protecting consumers from exploitation, unfair trade practices, and fraud in the marketplace. In India, these rights are safeguarded under the Consumer Protection Act of 1986 , which provides a robust legal framework for addressing consumer grievances. This article will delve into a detailed understanding of the Consumer Protection Act, 1986, consumer rights, protection mechanisms, and how platforms like Kanoon360 play a vital role in resolving consumer cases effectively.

Table of Contents

1. what is the consumer protection act, of 1986.

The Consumer Protection Act, of 1986, was a groundbreaking legislative measure in India aimed at protecting the interests of consumers. Before its introduction, consumers were largely left to the mercy of traders, manufacturers, and sellers, often facing exploitation through unfair practices like overpricing, adulteration, and false advertisements. The Consumer Protection Act, of 1986 empowered consumers with rights and remedies, creating a legal mechanism for addressing grievances.

The Act establishes consumer councils and other authorities for the settlement of consumer disputes, ensuring that aggrieved consumers get access to prompt and effective relief. It is designed to provide:

• Protection against hazardous goods and services
• Information about the quality, quantity, potency, purity, and price of goods
• Redressal against unfair trade practices
• Right to seek compensation for damages

The Act has undergone significant amendments over the years, the latest being the Consumer Protection Act of 2019 , which aims to address the modern challenges faced by consumers in the digital age.

2. What is Consumer Rights?

Consumer rights refer to the legal entitlements that protect consumers against fraud, unfair trade practices, and exploitation by businesses. These rights are a crucial component of the Consumer Protection Act. They ensure that the balance of power between consumers and businesses is maintained, promoting fairness and transparency in the marketplace.

The key consumer rights under the Consumer Protection Act include:

• Right to Safety : Protection against the marketing of goods and services that are hazardous to life and property.
• Right to be Informed : Consumers must be provided with complete information about the product they intend to purchase, including the quality, quantity, potency, purity, standard, and price.
• Right to Choose : Consumers have the freedom to select the product they wish to purchase without coercion or monopolistic practices.
• Right to be Heard : The Act ensures that consumers’ complaints are heard and addressed. Various consumer forums have been set up to provide this platform.
• Right to Seek Redressal : If a consumer has been exploited, he/she can seek compensation or redressal through appropriate forums.
• Right to Consumer Education : Consumers have the right to acquire knowledge about their rights and duties to make informed decisions in the marketplace.

These rights are central to consumer empowerment and play a key role in protecting individuals from the unscrupulous activities of some businesses.

3. What is the Consumer Protection Act?

The Consumer Protection Act is a legal framework designed to safeguard consumers against any kind of exploitation by businesses. The main objective of this Act is to provide quick and easy redressal of consumer complaints, ensuring justice is delivered without prolonged legal proceedings.

Some key features of the Consumer Protection Act include:

• Establishment of Consumer Dispute Redressal Agencies : The Act establishes consumer forums at the district, state, and national levels. These are empowered to handle consumer complaints and provide appropriate remedies.
• Simplified Procedures : The procedures for filing complaints under the Consumer Protection Act are user-friendly and designed to be easily navigable even without legal assistance.
• Protection Against Unfair Trade Practices : The Act is vigilant against practices such as selling substandard products, using deceptive advertising, and charging hidden fees.
• Product Liability : The Act holds manufacturers, sellers, and service providers responsible for defective products, allowing consumers to seek compensation for damages.
• Mediation and Conciliation : The Act also provides provisions for alternative dispute resolution mechanisms, including mediation and conciliation, making it easier and faster to resolve disputes.

The Act not only provides protection but also encourages businesses to maintain higher standards of transparency, accountability, and responsibility.

4. Consumer Protection Rights in India

Consumer protection rights are a set of laws and regulations aimed at safeguarding the interests of consumers in India. These rights are enshrined in the Consumer Protection Act and include various legal and remedial provisions to ensure that consumers are not cheated or exploited.

The Consumer Protection Act, 1986 (and its successor, the 2019 Act) has been instrumental in creating a legal framework for consumer protection, but equally important are the institutions and platforms that help consumers navigate their legal rights. Some of the major consumer protection rights include:

• The right to protection against goods that are harmful to life and property : Consumers can sue for damages caused by defective products.
• The right to be informed : Sellers and businesses must provide adequate information about products so that consumers can make informed decisions.
• The right to be assured : Consumers are entitled to a variety of choices in the marketplace, ensuring healthy competition.
• The right to redressal : If a consumer feels cheated, they can approach various redressal agencies to seek remedies like replacement, repair, or compensation.
• The right to education : To promote consumer rights, awareness campaigns are necessary, enabling consumers to make better decisions and protecting them from fraud.

The implementation of these rights has become more efficient with the rise of digital consumer platforms, which allow consumers to register complaints online and track their status.

1. Case Study: Substandard Healthcare Services

Case Overview : A consumer filed a case against a private hospital in New Delhi for negligence and improper medical treatment of her husband. The patient underwent surgery, but due to negligence on the part of the hospital, complications arose which eventually led to his death. The hospital failed to provide necessary post-surgery care and misdiagnosed several health complications.

Forum : National Consumer Disputes Redressal Commission (NCDRC)

Verdict : The NCDRC ruled in favor of the consumer. It held the hospital guilty of medical negligence, stating that the hospital failed in its duty to provide adequate care. The hospital was ordered to pay Rs 6 lakhs as compensation for the physical and mental suffering endured by the patient and his family, in addition to covering litigation costs.

Key Learning : This case emphasizes the importance of the Right to Safety and how the Consumer Protection Act safeguards consumers even in critical sectors like healthcare.

2. Case Study: Defective Automobile

Case Overview : A consumer in Mumbai purchased a car from a leading automobile manufacturer. Within a few months, the car started developing major technical issues, including engine malfunctions and brake failure, which persisted despite multiple repairs by the authorized service center. The consumer sought redressal under the Consumer Protection Act after the manufacturer refused to replace the vehicle or provide a refund.

Forum : District Consumer Disputes Redressal Forum, Mumbai

Verdict : The District Forum found the manufacturer at fault for selling a defective vehicle. The forum ordered the company to either replace the car or provide a full refund of the purchase price along with Rs 1 lakh in compensation for the mental agony and inconvenience caused to the consumer.

Key Learning : This case highlights the Right to Redressal and Right to Safety , showcasing how the Act ensures that companies are held accountable for selling defective goods.

3. Case Study: Misleading Advertisements by a Builder

Case Overview : A consumer booked a flat in a housing project based on promises made by the builder, which included amenities like a swimming pool, gym, and 24-hour security. However, when the possession was handed over, none of these amenities were provided, and the construction quality was far below the advertised standards. The consumer approached the consumer court, accusing the builder of unfair trade practices and misleading advertising.

Forum : State Consumer Disputes Redressal Commission, Maharashtra

Verdict : The Commission ruled that the builder was guilty of misleading the consumer by providing false promises and not delivering what was advertised. The builder was directed to refund the entire amount paid by the consumer along with interest and an additional compensation of Rs 3 lakhs for the mental distress caused by the delay and false promises.

Key Learning : This case is a prime example of the Right to Information and Right to Redressal . It underscores the responsibility of companies to honor the promises made to consumers and refrain from deceptive advertising.

4. Case Study: Overcharging by a Restaurant

Case Overview : In 2017, a consumer visited a well-known restaurant in Chandigarh and was charged Rs 60 for a bottle of water that had an MRP (Maximum Retail Price) of Rs 20. The consumer argued that charging more than the MRP was illegal and amounted to an unfair trade practice . When the restaurant refused to refund the excess amount, the consumer filed a complaint with the consumer forum.

Forum : District Consumer Disputes Redressal Forum, Chandigarh

Verdict : The Forum ruled in favor of the consumer, stating that the restaurant was guilty of overcharging. It ordered the restaurant to refund the excess amount along with Rs 10,000 compensation for causing harassment to the consumer. The Forum emphasized that no seller is allowed to charge more than the MRP under Indian law.

Key Learning : This case showcases the Right to be Informed and the consumer’s ability to challenge unfair pricing practices in India.

5. Case Study: Defective Refrigerator Purchase

Case Overview : A consumer from Bengaluru purchased a refrigerator from a well-known electronics retailer. After a month of usage, the refrigerator stopped functioning, and despite multiple service visits from the company’s technicians, the issue remained unresolved. The consumer filed a complaint, alleging that the product was defective and the company was not offering a proper solution.

Forum : District Consumer Disputes Redressal Forum, Bengaluru

Verdict : The forum found the retailer and manufacturer guilty of selling a defective product and failing to resolve the issue despite repeated attempts. The forum directed the company to replace the defective refrigerator with a new one and pay Rs 25,000 for the mental agony caused by the persistent issue.

Key Learning : This case underscores the Right to Redressal and businesses’ accountability to provide quality goods and prompt solutions to consumer complaints.

6. Case Study: Telecom Services Dispute

Case Overview : A consumer from Pune subscribed to a mobile service plan that promised unlimited data usage. However, after reaching a certain limit, the service provider started throttling the internet speed, which was contrary to the advertised “unlimited” data service. The consumer approached the consumer forum, accusing the service provider of unfair trade practices and misleading consumers with false advertising.

Verdict : The NCDRC ruled in favor of the consumer, stating that the telecom company had engaged in false advertising by not clearly stating the conditions on the “unlimited” data plan. The service provider was directed to compensate the consumer and revise its advertising to indicate any limitations on data usage.

Key Learning : This case reinforces the Right to be Informed and emphasizes the importance of transparency in advertising.

5. Role of Kanoon360 in Consumer Protection Cases

In today’s fast-paced world, consumers are increasingly turning to online platforms for legal aid and assistance in resolving their disputes. Kanoon360 , a legal services platform, has emerged as a key player in providing legal support to consumers seeking redressal under the Consumer Protection Act. It acts as a bridge between consumers and legal professionals, simplifying the process of filing and following up on consumer complaints.

Here’s how Kanoon360 has helped Indian consumers:

• Easy Access to Legal Experts : Consumers can connect with legal experts across the country through Kanoon360, who can provide immediate assistance and advice on consumer-related issues.
• Efficient Complaint Filing : The platform offers a user-friendly interface that allows consumers to file complaints, gather required documents, and follow the necessary procedures without navigating complex legal jargon or paperwork.
• Timely Legal Solutions : Consumers are provided with real-time updates on the progress of their cases. Kanoon360 ensures that legal proceedings are expedited, ensuring faster resolutions.
• Educational Content : Kanoon360 offers a wealth of resources, articles, and guides that educate consumers on their rights, remedies, and legal processes. This empowers consumers to take proactive steps to protect themselves.
• Mediation and Negotiation : In some cases, Kanoon360 helps facilitate mediation or negotiation between the consumer and the offending business. This often results in an amicable settlement without prolonged legal battles.

By providing accessible, expert legal services, Kanoon360 has empowered countless Indian consumers to fight for their rights, making the justice system more approachable and less intimidating.

6. Case Study: A Real-life Example

Let’s consider the case of a consumer who purchased a defective refrigerator from a well-known brand. After months of malfunctioning and no adequate response from the company’s customer service, the consumer decided to seek legal redressal. With the help of Kanoon360 , the consumer was able to file a complaint with the District Consumer Forum.

The forum found that the refrigerator had indeed been faulty and ordered the company to not only replace the refrigerator but also pay compensation for the mental anguish and inconvenience caused. The case was resolved within a few months, thanks to the streamlined legal process facilitated by Kanoon360, avoiding years of potential litigation.

7. How to File a Consumer Complaint in India

Filing a consumer complaint in India is straightforward and can be done both online and offline. Here’s a simple guide:

• Identify the Jurisdiction : Depending on the value of goods and services and compensation claimed, the complaint can be filed at the District, State, or National Consumer Disputes Redressal Commission.
• Draft the Complaint : Mention the issue, and the relief sought, and attach necessary evidence like receipts, warranty cards, and communication with the company.
• File the Complaint : Consumers can file complaints in person, via post, or through online portals such as the National Consumer Helpline ( www.consumerhelpline.gov.in ).
• Await Resolution : Once the complaint is filed, the respective forum will notify the offending party and start the hearing process. If the forum rules in favour of the consumer, remedies like product replacement, compensation, or repairs will be ordered.

Also Read: How to File a Makeup Artist Complaint: A Step-by-Step Guide

Also Read: Easy Guide to Handling Consumer Complaints in India

Also Read: Common Petrol Pump Complaints and How to Resolve Them

The Consumer Protection Act is a powerful tool that ensures consumer rights are upheld in India. With the right knowledge and platforms like Kanoon360 , Indian consumers can effectively seek justice in cases of unfair trade practices, faulty products, or deficient services. The combined efforts of legal frameworks and digital platforms have made the process of claiming consumer rights more accessible and efficient.

For more detailed information on filing consumer complaints, consumers can visit the National Consumer Helpline at www.consumerhelpline.gov.in .