Free Business Studies - Class 12th (CBSE) - Revision Notes - N12 - Consumer Protection
We have heard slogans on the television, radio, and other mediums that "Jaago Grahak Jaago". This campaign by the Indian Government shows the importance of consumer protection in India.
Students who are studying in class 12th also have a Business Studies chapter on Consumer Protection.
So, time has come to read free revision notes for CBSE class 12th mainly focused on Chapter 12: Consumer Protection.
These exclusive revision notes are built by expert CBSE teachers to increase your knowledge level to score higher in your upcoming board exams.
- Subject: Business Studies
- Class: 12th (CBSE)
- Chapter Name: Consumer Protection
Revision Notes for CBSE Class 12th - Business Studies
Consumer Protection
Definition of Consumer (As
Per Consumer Protection Act 2019)
A consumer is defined as a person who buys any goods or
avail any services for a consideration, which has been paid or partly paid or
partly promised or promised to pay, under any scheme of deferred payment.
It also includes the person, who is using the goods or
beneficiary of service with the approval of the buyer. It applies to both
offline and online transactions through electronic means or by teleshopping or
direct selling or multilevel marketing.
Note: Any person who obtains good and avails services
for resale or commercial purpose is not treated as consumer.
Importance of Consumer Protection
From Consumer Point of View
- Consumer
Ignorance
- Consumer
protection provides information to the ignorant customers regarding the
rights and remedial available to them. It spreads awareness so
that consumer can know about their rights and various redressal agencies.
- Unorganized
Consumer
- In developing countries like India, consumers are not organized. Consumer protection provides power and rights to the organizations as these organizations can file case on behalf of customers.
- Widespread Exploitation of Consumers
- Although nowadays consumer is the king of the market, but even then there is a lot of exploitation of consumers. Consumer protection provides a safeguard to consumers from such exploitation.
From Businessmen's Point of View
- Long-Term Interest of Business
- In the race of competition, the businessmen can win and capture a big share in the market only when they are able to satisfy its customers by designing the products keeping in mind the requirements of customers. So, it is in the interest of the business itself to keep its customers satisfied.
- Businessmen Uses Society's Resources
- Businessmen earn profit by supplying goods and services to the members of society, so it must do something for society. Businessmen are merely trustees of resources; they must use these resources for the benefits of consumers.
- Social Responsibilities
- A businessman has social obligations towards various groups and customers. It is the responsibility of businessmen to provide quality goods at a reasonable price. Consumer protection guides businessmen to provide social responsibilities.
- Moral Justification
- In today's environment, business without ethical value is no more than a criminal activity and no civil society can tolerate and allow the existence of unethical business.
- Government Intervention
- If businessmen want to avoid intervention of government then they shouldn't involve in unfair trade practices. Businessmen should voluntarily involve in the activities which protect the interest of the consumer.
Consumer Rights
The six fundamental consumer rights are:
- Right to Safety
- Right to Information
- Right to be Assured / Right to
Choose
- Right to be Heard or Right to
Representation
- Right to Seek Redressal
- Right to Consumer Education
Following are the details:
- Right to Safety
- According to this right, the consumers have a right to be protected against the marketing of goods and services which are hazardous to life and property. This right to safety protects the consumer from sale of such hazardous goods or services. Thus, consumers are educated that they should use electrical appliances which are ISI marked as this would be an assurance of such products meeting quality specifications.
- Right to Information
- According to this right, the consumer has the right to get information about the quality, quantity, purity, standard and price of goods or services to protect himself against the unfair practices. The law in India also requires the manufacturers to provide such information on the package and label of the product.
- Right to be Assured / Right to Choose
- The right to choose means an assurance of availability, ability and access to a variety of products and services at fair price. The producer or supplier or retailer should not force the customer to buy a particular brand only. Consumer should be free to choose the most suitable product from his point of view.
- Right to be Heard or Right to Representation
- According to this right, the consumer has the right to represent himself or to be heard or the right to advocate his interest. In case a consumer has been exploited or has any complaint against the product or service, then he has the right to be heard and be assured that his/her interest would receive consideration. Under this right, the companies must have complaint cells to attend to the complaints of customers.
- Right to Seek Redressal
- According to this right, the consumer has a right to get compensation or seek redressal against unfair trade practices or any other exploitation. The right to redressal includes compensation in the form of money or replacement of goods on repair of defect in the goods as per the satisfaction of the consumer.
- Right to Consumer Education
- According to this right, it is the right of the consumer to acquire the knowledge and skills to be an informed consumer. This right assures that literate and illiterate both consumers can seek information about the rights and the reliefs available to him.
Consumer's Responsibilities
- Be aware about various goods and services available in the market so that an intelligent and wise choice can be made.
- Buy only standardised goods as they provide quality assurance. Thus, look for ISI mark on electrical goods, FPO mark on food products, Hallmark/BIS Mark on jewellery, WOOLMARK on 100% Pure Wool etc.
- Learn about the risks associated with products and services, follow manufacturer’s instructions and use the products safely.
- Read labels carefully to have information about prices, net weight, manufacturing and expiry dates, etc.
- Assert yourself to ensure that you get a fair deal.
- Be honest in your dealings. Choose only from legal goods and services and discourage unscrupulous practices like black-marketing, hoarding etc.
- Ask for a cash memo/Invoice on purchase of goods or services. This would serve as a proof of the purchase made.
- File a complaint in an appropriate consumer forum in case of a shortcoming in the quality of goods purchased or services availed. Do not fail to take an action even when the amount involved is small.
- Form consumer societies which would play an active part in educating consumers and safeguarding their interests.
- Respect the environment. Avoid waste, littering and contributing to pollution.
Who can File a Complaint?
- Any
consumer.
- Any
voluntary consumer association, registered under any law.
- The
central Government or any state government.
- One
or more consumers, where there are numerous consumers having the same
interest.
- In
case of the death of the consumer, his legal heir or legal
representative.
- In
case of a consumer being minor, his parents or legal guardian.
Who are not Considered as a Consumer under Consumer Protection Act 2019?
- The
person who obtains goods for resale.
- The
person who uses the goods without the approval of the buyer.
- The
person who avails of the services without the approval of the hirer.
- The
person who obtains goods without any consideration (i.e., payment).
- The
person who hires or avails of any services without consideration.
Relied or Remedies/Solution Available to Consumers on Complaints Filed by Him
- To
remove the defects or deficiency in the service.
- To replace
the defective product with a new one free from any defect.
- To refund
the price paid for the product or the charges paid for the services.
- To
pay a reasonable amount of compensation for any loss or injury
suffered by the consumer due to the negligence of the opposite party.
- To
pay extra compensation as a corrective measure for damage to the
consumer due to the opposite party (It is called to pay punitive
damages).
- To discontinue
unfair/restrictive trade practice and not to repeat it in the future.
- No
to offer hazardous goods for sale.
- To withdraw
hazardous goods from the market.
- To cease
manufacture of hazardous goods and to desist (abstain/cease/stop) from
offering hazardous services.
- Compensate
for any loss or injury suffered by the consumer under product liability
action and withdraw hazardous products from being offered for sale,
etc.
- Payment
of adequate cost to the grieved party.
- District
Commission, State Commission, and National Commission have the power to
declare a contract null and void, if it is unfair.
- To cease
and restrict from issuing any misleading advertisement.
Redressal Agencies and Their Jurisdiction
Every order of the District Commission, State Commission, or
the National Commission is deemed final if no appeal for such order is
made by any of the parties involved in the dispute.
Redressal Agencies under the Consumer Protection Act,
2019
- District Forum (now District Commission)
- State Commission
- National Commission
District Forum (District Commission)
- District
Commission consists of a president and two other members.
- The
president can be a retired or working judge of the District Court.
They are appointed by the state government.
- The
complaints for goods or services worth ₹ 1 crore or less can be
filed in this agency.
- District
forum may give grieved parties five days for settlement.
- The
agency sends the goods for testing in a laboratory if required and gives
decisions based on facts and laboratory report.
- If
the aggrieved party is not satisfied by the jurisdiction of the district commission,
then they can file an appeal against the judgement in the State
Commission within 45 days.
State Commission
- It
consists of a president and at least four other members.
- The
president must be a retired or working judge of the high court.
They all are appointed by the state government.
- The
complaints for the goods worth more than ₹ 1 crore and less than ₹ 10
crore can be filed in State Commission.
- On
receiving a complaint, the State Commission contacts the party against
whom the complaint is filed and sends the goods for testing in a
laboratory if required.
- In
case the aggrieved party is not satisfied with the judgement, then they
can file an appeal in the National Commission within 30 days.
National Commission
- The
National Commission consists of a president and four members, one
of whom shall be a woman.
- They
are appointed by the Central Government.
- The
complaint can be filed in the National Commission if the value of goods exceeds
₹ 10 crore.
- On
receiving the complaint, the National Commission informs the party against
whom the complaint is filed and sends the goods for testing if
required and gives judgement.
- If
the aggrieved party is not satisfied with the judgement, then they can
file a complaint in the Supreme Court within 30 days.
Role of Consumer Organizations and NGOs
- Educating
the public about consumer rights by organizing training programmes,
seminars, and workshops.
- Publishing
periodicals and other publications to impart knowledge about consumer
problems, reliefs available, and other matters of interest.
- Carrying
out comparative testing of consumer products in accredited
laboratories to test relative qualities of competing brands and publishing
the test results for the benefit of consumers.
- Encouraging
consumers to strongly protest and act against exploitative and unfair
trade practices of sellers.
- Providing
legal assistance to consumers by way of providing aid, legal advice,
etc., in seeking legal remedy.
- Filing
complaints in consumer courts on behalf of consumers.
- Taking
an initiative in filing cases in consumer courts in the interest of
the public.
- Helping
government agencies to resolve cases of consumer exploitation and to
carry on consumer awareness programs.
- Motivating
people to ask for quality marks such as ISI mark, AgMark, etc.
Consumer Protection Act, 2019
The new Consumer Protection Act was passed by Parliament in
2019. It came into force in July 2020 and replaced the Consumer Protection Act,
1986.
Need for the new act
- The Digital Age has led to a new era of commerce. Digitisation has provided easy access, a large variety of choices, convenient payment mechanisms, improved services and shopping as per convenience. However, there are also associated challenges related to consumer protection.
- To help address the new set of challenges faced by consumers in the digital age, the Indian Parliament passed the landmark Consumer Protection Bill, 2019 which aims to provide timely and effective administration and settlement of consumer disputes.
Central Consumer Protection Authority (CCPA)
- The Act proposes the establishment of the Central Consumer Protection Authority (CCPA) as a regulatory authority.
- The CCPA will protect, promote and enforce the rights of consumers and regulate cases related to unfair trade practices, misleading advertisements, and violation of consumer rights.
- The CCPA will have the right to recall products, order reimbursement of the price of goods/services, cancel licenses, impose penalties and file suits.
E-Filing of Complaints
- The new Act provides flexibility to the consumer to file complaints with the jurisdictional consumer forum located at the place of residence or work of the consumer. This is unlike the earlier condition where the consumer had to file a complaint at the place of purchase or where the seller has its registered office address.
- The new Act also contains enabling provisions for consumers to file complaints electronically and for hearing and/or examining parties through videoconferencing.

