December 24th is celebrated as National Consumer Day in India to build awareness regarding the rights and responsibilities of the consumer.
The Consumer Protection Act, 1986 regulates and rights and responsibilities of the consumer and all stake holders in India.
These are some of the common consumer rights available to everyone who is a consumer:
1. Right to complete consumer education,
2. Right to be protected from all kinds of hazardous Goods and Services,
3. Right to be fully informed about the quality and performance of all Goods and Services,
4. Right to Free choice of Goods and Services,
5. Right to be a part of all decision-making processes involving consumer rights,
6. Right to seek redressal whenever consumer rights are infringed,
7. Right to Basic standards of Goods and Services,
8. Right to invoice/ bill of products and services and guarantee of them.
Now, let us look at some of the common terms associated with consumer rights,
Maximum Retail Price (MRP)– This has to be compulsorily displayed on all products. The retailer cannot sell a product or service beyond this price. It will be considered to be a violation of the law.
Pharma products– In an exception, the retailers are free to choose the MRP, but in certain cases, will have to abide by the government regulations such as the National List of Essential Medicines, which caps the MRP of certain medicines and Pharmaceutical products.
Information on ingredients– All products that are consumed like food items, medicines, cool drinks will have to publish the ingredients used on the wrapper of their products. The Food Safety and Standards Authority of India (FSSAI) and other relevant agencies regulate this.
Date of Manufacturing and Expiry Date- Every product sold has to contain these details and no product can be sold beyond the expiry date.
Service Tax
The Service Tax, currently the Goods and Services Tax (GST) can be levied on products and services. It is a government decided rate. This is compulsory and the consumer cannot decline to pay this amount. It is either included in the MRP or is billed separately and is indicted in a separate column.
Alcohol and alcoholic products are outside the ambit of the GST and the states are within their right to levy appropriate VAT (Value Added Tax) rates.
Service Charge
Service Charge on the other hand, is a charge the establishments levy on consumers. Consumers can opt out of it. If the establishments continue to insist on this payment, the consumers can approach the courts.
Complaints can be registered at Phone number- 1800-11-4000 and 14404 or SMS on 8130009809.
The National Consumer Helpline has their own Application – UMANG APP can be downloaded and complaints registered in it.
Now, let us look at some of the common places visited by the consumers and some of the rights associated with it.
1. Airports and Flights
General rights
All shops, restaurants and kiosks other than Foreign Exchange centres at the airports are regulated by the Airport Economic Regulatory Authority of India. Any violation of price lists, non-confirmation of consumer rights etc can be redressed by a complaint to this authority.
All airports have to mandatorily provide free drinking water and free first aid items that are available.
Check in and boarding
Denied Boarding– Airlines can deny check in and boarding privileges to consumers if they report to the airport beyond the time limit prescribed by the airlines and the passenger is without a valid ticket.
However, passengers with a valid ticket, who have reached on time need to be compensated for denial of boarding privileges.
For reasons such as overbooking, the airlines need not pay compensation if they arrange alternate flight journeys within one hour. In case, this doesn’t happen, passengers have to be compensated monetarily either in cash, digital payments or through travel vouchers.
Alternate flight scheduled within 24 hours of the original scheduled departure- 200% of Basic fare+ Fuel Charge (up to Rs 10,000),
Alternate flight scheduled to depart beyond 24 hours of the original scheduled departure- 400% of basic fare+ Fuel Charge (up to Rs 20,000)
Passenger does not opt for alternate flight- Refund of full value of ticket+ 400% of Basic fare+ Fuel Charge (up to Rs 20,000).
Delays
In cases of delay up to 24 hours, passengers should be provided with basic refreshments and meals. If they delay is beyond 24 hours, airlines will also have to arrange for hotel accommodation and airport transfer. The choice of the hotel is left to the discretion of the airline.
However, airlines don’t need to compensate the fliers for reasons beyond their control which delay flights. Some of the reasons are civil war, political instability, natural disasters, wars etc.
Cancellations
Airlines have to inform the passengers well in advance in case of cancellations. Ideally two weeks in advance. However, passengers have to be informed at least three hours in advance before the departure time. If you haven’t been informed at least three hours before the departure of the cancellation, you are liable to be compensated.
Here is the compensation,
Flights up to 1 hr (block time)- Rs 5000 or booked one- way basic fare +airline fuel charge, whichever is less.
Flights more than 1 hour up to 2 hours (block time)- Rs 7500 or booked one-way fare+ fuel charge, whichever is less.
Flights more than 2 hours (block time)- Rs 10,000 or booked one- way fare+ fuel charge, whichever is less.
Block time here is referred to the time taken by a flight to travel from one point to another.
Airlines are bound to provide alternate travel opportunities at no additional cost and are bound to fully compensate the cost of the ticket, in case the passenger refuses to accept the alternate travel arrangement.
While waiting for the alternate flight, passengers need to be provided meals and refreshments by the airlines.
However, no compensation will be provided if the traveller does not accept the alternate travel arrangements made by the airlines and if flights are cancelled due to natural causes.
Baggage damaged/delayed at transit
Goods and baggage delayed, damaged in transit are liable to the compensated. However, it needs to be proved that the baggage was damaged by the airline during the transit period.
What to do – Air Sewa app can be downloaded to register complaints and more information can be obtained from the app.
2. Kirana stores, Restaurants and other shops
The first right here is to have full information regarding the goods sold and services offered and their rates. In case of restaurants, the menu provides this information. Kirana stores and shops have this information displayed on the products sold.
The establishments cannot charge anything beyond the total bill amount which may include the GST. In case the GST is not mentioned, the rate of GST levied and the corresponding amount will have to be displayed on the bill/invoice and the bill/ invoice given to the consumer.
Deficiencies in goods and services entails the consumers to seek compensation (for example, if the goods are damaged when purchased). However, in cases of services, it is a grey area and only the courts may decide on the matter.
3. App based services like food delivery, e- commerce and taxis
As digital commerce grows, many business entities are switching to application-based business. The day to day life does revolve around e-commerce sites, food delivery and taxi services apps.
Apart from the regular rights, there are certain specific rights that are available for consumers.
The app- based companies cannot waive their responsibility off in cases of deficient services. They often do so by claiming third party responsibility, when they source their products and services from individual sellers. For example, food delivery apps may blame the restaurants for any sort of deficiency in quality, quantity and hygiene and may attempt to waive off their responsibility. The Consumer Courts have time and again held that these companies cannot waive off their responsibility.
Finally, any citizen of the country can go to the Consumer courts to take up their grievances.