Duties of a Consumer

Duties of a Consumer

The Consumer Protection Act, 2019 (CPA) serves as a comprehensive legal framework aimed at safeguarding the rights and interests of consumers in India. While the Act emphasizes the protection of consumer rights, it also underscores the duties of a consumer that have to fulfil for the market to function fairly, efficiently, and sustainably. These duties not only promote responsible consumption but also empower consumers to actively contribute to creating a transparent and fair marketplace.

Duties of a Consumer

Duties a Consumer Must Fulfil

Duty to Be Aware 

Consumers are obligated to educate themselves about the quality, nature, and characteristics of the goods and services they choose to purchase or use. This includes being aware of product standards and certifications. For instance, food items should be checked for the FSSAI (Food Safety and Standards Authority of India) certification, while electronics should carry the BIS (Bureau of Indian Standards) mark.

Example: When purchasing a gold ring, consumers should ensure it carries the Hallmark, which signifies that it meets the prescribed purity standards. Failure to verify such certifications could result in buying substandard goods, leading to potential financial losses or dissatisfaction.

Duty to Stay Informed –

Consumers must stay updated about the goods and services they intend to purchase, including their features, specifications, prices, usage instructions, and any applicable terms and conditions. Awareness of these aspects ensures that consumers make informed decisions.

Example: When buying a mobile phone, a consumer should research its model, available features, warranty policies, and after-sales services. If the phone develops a defect after purchase, the consumer should know whether they are entitled to repair or replacement under warranty terms.

Duty to Follow the Rules –

Consumers must adhere to all legal and regulatory norms set by both the government and sellers. This duty ensures that products and services are used as intended, preventing misuse that could harm both the consumer and the broader marketplace.

Example: If a consumer buys a vehicle, they must follow all traffic rules and regulations for its safe and lawful operation. If they violate these rules and cause an accident, the manufacturer cannot be held responsible for the consumer’s actions.

Duty to Receive a Receipt –

Consumers are required to demand and retain receipts for every purchase, which serve as proof of transaction. This is crucial when claiming refunds, exchanges, or addressing issues like defects or warranty claims.

Example: If a consumer buys an electronic appliance, retaining the receipt is essential if the product is defective and needs to be returned or repaired under warranty.

Duty to Be Vocal –

Consumers should actively raise their voices if they experience any grievance or dissatisfaction with the goods or services they receive. This includes reporting unfair trade practices, defective products, or subpar services to the concerned authorities or sellers.

Example: If a consumer purchases a product that is defective or overpriced, they should file a complaint with the seller. If the issue remains unresolved, they should escalate it to consumer forums or courts for redress.

Duty to Form an Organization –

Consumers can strengthen their collective influence by forming organizations, be it at the local or national level. These organizations help amplify consumer voices and tackle systemic issues such as exploitation or unfair practices in the marketplace.

Example: In the case of faulty public utility services (such as water or electricity), consumers can organize themselves into a group to collectively address the issues with the concerned authorities, ensuring that their grievances are heard and addressed more effectively.

Duty to Be Ethical –

Consumers must act ethically, refraining from engaging in fraudulent practices. This includes not exploiting sellers or manufacturers by claiming refunds or compensation for products they have intentionally damaged or misused.

Example: A consumer who intentionally damages a refrigerator and then seeks a refund under the guise of receiving a defective product is acting unethically. Such behaviour undermines the principles of fairness and justice within the marketplace.

Duty to Consume Resources Sustainably –

Consumers are expected to be mindful of their consumption patterns, making responsible choices that do not deplete resources or harm the environment. This duty encourages sustainable and conscientious consumption.

Example: A consumer choosing bottled water should consider alternatives like using a reusable bottle, thereby minimizing plastic waste and reducing their environmental footprint.

Duty to Be Responsible Towards the Environment –

Consumers must ensure that their consumption does not contribute to environmental degradation. This includes using products responsibly and ensuring proper disposal of items that could harm the environment.

Example: When disposing of old electronic devices like mobile phones or laptops, a responsible consumer should take them to authorized recycling centres rather than discarding them in landfills, preventing potential harm to the environment from toxic waste.

Duties of a Consumers Under the Consumer Protection Act, 2019

The duties of a consumers under the Act are designed to promote a responsible and conscientious consumer culture. These duties help maintain a balance between consumer rights and the smooth functioning of the marketplace. Below, we explore the key duties outlined under the Act:

Duty to Be Aware of Consumer Rights –

Consumers have the responsibility to be informed about their rights under the Act. This duty is critical because informed consumers can make better decisions, file complaints, and demand justice if their rights are violated. The right to be informed, which is one of the fundamental rights under the Act, is closely linked to this duty. Consumers must understand the nature of the goods and services they are purchasing, as well as the remedies available to them in case of grievances.

Legal Framework: Section 2(9) of the Act defines “consumer,” highlighting the importance of awareness for individuals who purchase goods or services for personal use. Section 3 elaborates on the protection of consumer rights, implying that consumers should be aware of the various protections available.

  • Case Law: Laxmi Engineering Works v. P.S.G. Industrial Institute (1995)
    In this case, the Supreme Court emphasized the need for consumers to be aware of their rights in order to safeguard themselves from exploitation. The Court held that awareness is key to ensuring that consumers can demand redress when their rights are violated.

Duty to Exercise Due Care –

Consumers must exercise due care while making purchases or availing services. This duty obligates consumers to ensure that the goods they purchase are safe and appropriate for their use. For instance, consumers are expected to check product labels, expiry dates, safety warnings, and any other relevant information before making a purchase. They must not misuse goods or services in a manner that could result in harm or injury.

Legal Framework: The duty to exercise due care is implied through Section 2(7) (definition of “goods”) and Section 2(15) (definition of “service”) of the Act. These definitions indicate that consumers must be mindful of the quality, safety, and usage of goods and services to avoid misuse or harm.

  • Case Law: Indian Medical Association v. V.P. Shantha (1995)
    In this case, the Supreme Court held that consumers must exercise due care when availing services, particularly medical services. The Court stated that medical practitioners are obligated to provide appropriate care, and consumers (patients) should be mindful of their responsibility in making informed decisions regarding treatment.

Duty to Make Informed Decisions –

A key duty of consumers is to make informed choices when purchasing goods or services. Consumers should carefully assess all available information about a product or service, including price, features, benefits, and risks. This duty ensures that businesses do not take advantage of a consumer’s lack of knowledge or experience in making purchases.

Legal Framework: Sections 3 and 4 of the Act, which emphasize the need for the consumer to receive correct and adequate information, underpin the consumer’s duty to make informed decisions. Deceptive advertising or false information is prohibited, and consumers are encouraged to engage in responsible decision-making.

  • Case Law: Narayana v. Union of India (2003)
    The National Consumer Disputes Redressal Commission (NCDRC) ruled that consumers should make decisions based on accurate and truthful information. In this case, a consumer was misled by false advertising, and the NCDRC ruled in favor of the consumer, reinforcing the duty of both businesses and consumers to act responsibly.

Duty to Protect the Environment –

In an age where sustainability and environmental protection have become critical concerns, the Consumer Protection Act, 2019 encourages consumers to contribute to environmental well-being. This duty promotes responsible consumption and urges consumers to avoid purchasing products that are harmful to the environment, such as those that are excessively packaged or non-biodegradable.

Legal Framework: While the Act does not specifically address environmental issues in detail, it implicitly supports environmentally responsible consumption. Consumers are encouraged to be mindful of the environmental impact of their purchases, as highlighted in various sections, including Section 70 (prohibition of unfair trade practices) and Section 88 (powers of the Central Consumer Protection Authority).

  • Case Law: M.C. Mehta v. Union of India (1987)
    Though primarily an environmental case, the Supreme Court ruled that consumers have a duty to ensure that their purchases do not harm the environment. The case reinforced the idea that consumers should be aware of the ecological impact of their choices.

Duty to Avoid Misuse of Goods or Services

Consumers have the duty to use products and services according to their intended purpose. Misuse or negligence can lead to injury or loss, both to the consumer and potentially to other individuals or society. Consumers must follow guidelines and instructions provided by manufacturers and service providers, especially when the product involves potential hazards (e.g., medicines, chemicals, electronic devices).

Legal Framework: This duty is indirectly addressed through Section 71 of the Act, which allows consumers to file complaints for defective goods and services. Misuse of goods can negate the right to claim compensation for defects or deficiencies.

  • Case Law: K. K. Verma v. New India Assurance Co. Ltd. (2009)
    In this case, the consumer misused an insured product, and the insurance company denied the claim. The Court held that the misuse of goods or services would negate any claims for compensation under the Act.

Duty to Cooperate with Authorities

In case of disputes, consumers must cooperate with authorities and regulatory bodies by providing accurate and truthful information. This duty is crucial for the smooth functioning of consumer dispute redressal mechanisms. It also involves consumers reporting unsafe goods, services, or unfair trade practices to the appropriate authorities.

Legal Framework: The duty of consumers to cooperate with authorities is implied in several provisions of the Act, including Section 19 (right to file complaints) and Section 21 (dispute resolution through Consumer Disputes Redressal Commissions). These sections emphasize the importance of consumers’ cooperation for an effective resolution process.

  • Case Law: M/s. Maruti Suzuki India Ltd. v. M/s. S. K. Enterprises (2002)
    The National Commission held that consumers must provide truthful and accurate information when filing complaints or disputes. The Commission stressed that the proper resolution of disputes depends on the active cooperation of consumers.

Duty to Be Cautious of Fraudulent Practices

Consumers should remain vigilant and cautious about fraudulent practices, misleading advertisements, and deceptive business tactics. This includes being aware of common scams, fake goods, and dishonest services. Consumers must exercise caution before making purchases, particularly from unknown sources or untrustworthy sellers.

Legal Framework: Section 70 of the Act prohibits unfair trade practices, including fraud and misleading advertisements. This section emphasizes the role of consumers in being cautious and alert to fraudulent activities, thereby fostering a safe marketplace.

  • Case Law: State of Andhra Pradesh v. McDowell & Co. (1996)
    In this case, the Supreme Court stressed that consumers must be wary of fraudulent practices and deceptive marketing tactics. The Court emphasized that consumers should verify the authenticity of products before making purchases, thereby reinforcing the need for caution in the marketplace.

Duties of a Consumer Under the Consumer Protection Act, 2019:

Duty of the Consumer

Explanation

To be aware of the rights

Consumers should be aware of their rights under the Act and seek information before making any purchase or availing services. This knowledge helps them to claim their rights effectively.

To exercise due care

Consumers must exercise care while purchasing goods or availing services to ensure safety, quality, and fitness for use, avoiding harm or negligence that may affect the product’s use.

To make informed decisions

Consumers must make decisions based on full and accurate information regarding the product/service, its features, price, and potential risks, avoiding misleading claims.

To protect the environment

Consumers should contribute to environmental sustainability by choosing eco-friendly products and avoiding wasteful consumption that may harm the environment.

To avoid misuse of goods or services

Consumers should use products and services as intended, avoiding misuse or improper use that may cause harm, injury, or damage to the product.

To cooperate with authorities

Consumers are expected to cooperate with authorities, providing accurate information in case of disputes and reporting unsafe goods, services, or advertisements when necessary.

To be cautious about fraudulent practices

Consumers should stay vigilant and avoid falling for fraudulent or deceptive practices, ensuring they do not engage with scams or illegal schemes that harm them.

Important Sections of the Consumer Protection Act, 2019 with Respect to Duties of a Consumer -

Section 2 (7): Definition of Consumer

This section defines the term “consumer,” including individuals who buy goods or avail services for personal use, not for resale. It is important because understanding the definition helps consumers know when they are entitled to the protection under the Act.

Section 2 (9): Definition of Goods

Defines “goods” under the Act, ensuring that consumers understand the type of products covered under the Act and how they can exercise their rights in case of grievances regarding defective goods.

Section 2 (15): Definition of Service

Similar to goods, this section defines “service” for the purpose of the Act, helping consumers understand when they are entitled to protection with regard to services they purchase, such as financial services, medical care, or education.

Section 3: Protection of Consumer Rights

This section provides an overarching framework for the protection of consumer rights, including the right to be informed, the right to be heard, and the right to seek redress, among others. It emphasizes the responsibilities of both consumers and businesses.

Section 10: Consumer Disputes Redressal Commissions (District Forum)

This section provides for the establishment of forums for the redressal of consumer disputes at the district level. The role of the consumer is vital here, as consumers need to file complaints and cooperate with the redressal mechanism.

Section 19: Right to File a Complaint

It empowers consumers to file complaints regarding defects in goods, deficiencies in services, unfair trade practices, or exploitation. This right is central to the functioning of consumer protection, as it allows consumers to assert their rights.

Section 21: Composition of the National Consumer Disputes Redressal Commission (NCDRC)

This section specifies the composition and powers of the National Commission, and consumers can approach the NCDRC if they have grievances that are not addressed at lower levels.

Section 70: Prohibition of Unfair Trade Practices

This section prohibits unfair trade practices and sets out the responsibility of consumers to report these practices, protecting their own interests and preventing exploitation by businesses.

Section 88: Powers of the Central Consumer Protection Authority (CCPA)

This section outlines the powers of the CCPA to take Suo-motu actions, conduct investigations, and impose penalties for false or misleading advertisements. It also protects consumers from deceptive practices.

Conclusion

The Consumer Protection Act, 2019 not only empowers consumers by protecting their rights but also places responsibilities on them to foster a fair, ethical, and sustainable marketplace. By fulfilling these duties—being aware, informed, ethical, and responsible—consumers can play an active role in ensuring a marketplace that works for all stakeholders. Moreover, their involvement in protecting their own rights and contributing to the well-being of society aligns with the broader goals of environmental sustainability, ethical consumption, and social fairness. Hence, understanding and observing these duties is essential for consumers to maximize their benefits while maintaining harmony in the marketplace.

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