HALLMARKING

Hallmarking is the accurate determination and official recording of the proportionate content of precious metal in gold. Hallmarks are thus official marks used in many countries as a guarantee of purity or fineness of gold jewellery.

ISI

The product certification scheme is basically voluntary and aims at providing quality, safety and dependability to the ultimate customer. Presence of certification mark known as Standard Mark on a product is an assurance of conformity to the specifications. The conformity is ensured by regular surveil lance of the l icensee's performance by surprise inspections and testing of samples, drawn both from the factory and the market.

FPO

FPO- Fruit Products Order - 1955, promulgated under section 3 of the Essential Commodities Act - 1955, aims at regulating sanitary and hygienic conditions in manufacture of fruit, vegetable products. It is mandatory for all manufacturers of fruit & vegetable products to obtain license under this Order to ensure good quality products, manufactured under hygienic conditions. The Fruit Product Order lays down the minimum requirements for:

Consumer in Market

All the people participate in the market either as consumer or seller or producer. Any person who buys a commodity or service for direct use or ownership. I, you, we all are consumers when we buy a product or service. But people who acquires goods or services for resale or use in production and manufacturing cannot be considered consumer.

In free market economics, consumers dictate what goods are produced and are generally considered the center of economic activity. Individual consumption of goods and services is primarily linked to the consumer's level of disposable income, and budget allocations are made to maximize the consumer's marginal utility.

Within law, the notion of consumer is primarily used in relation to consumer protection laws, and the definition of consumer is often restricted to living persons (i.e. not corporations or businesses) and excludes commercial users. A typical legal rationale for protecting the

consumer is based on the notion of policing market failures and inefficiencies, such as inequalities of bargaining power between a consumer and a business. As potential voters are also consumers, consumer protection takes on a clear political significance.

Concern over the interests of consumers has also spawned much activism, as well as incorporation of consumer education into school curricula. There are also various non-profit publications, such as Consumer Reports and Choice Magazine, dedicated to assist in consumer education and decision making.

Consumer exploitation

In market, consumers are often exploitated. When a consumer is cheated in anyway, either by the shopkeeper or by the producer by giving him poor quality and adulterated goods or by charging more prices for a commodity or service, it is called consumer exploitation. Consumers are explioted in the following ways –

1. AdulterationAdulteration means mixing of low quality products to a superier quality product. In many costly items like oil, ghee and spices, adulteration is made in order to earn higher profits. It causes monitary loss to the consumer as well as it spoils their health

2. Sub-standard qualitySometimes, traders sell goods of sub standard quality. For ex – selling of medicines beyond expiry date, selling of defected home appliances, sub-standard quality drugs, etc.

3.False or incomplete informationSellers easily misuse consumers by giving wrong information about it’s price, quality, reliabilty expiry date, durability, safety, it’s effect on health, maintainance cost and term and conditions of purchase

4. Lack of safetyMany electronic devices are produced localy lacking the required inbuild safeguards. This causes accidents to the consumer

5.Unsatisfactory after saleMany high cost durable item need an extra care. The sellers do not provide the satisfactory services after sale despite the necessary payments.

6.Higher pricesVery often, traders charge a price higher than the maximum retail price (MRP). This case can easily be seen during black marketing. A product, such as mobile phone, which had not been officially launched by company in a particular country despite of high demand, than the product is imported from some other country and sold with higher price. The consumer buy the product

with high price out of curiosity and felt exploited when the company officially launch the product.

7.Dubligate articleMany false and dubligate article are being sold to the consumers. These fake products are mainly imported from mostly from China. They had poor quality.

8.Advertisement with false claimsMany times, sellers and producers advertise with false claims of the product. For ex – a fairness cream might not work, special pads advertised to increase height might have no result, etc.

9.Rough behavier and undue conditionIn matters like LPG, fixing of new telephone line, consumer are often harassed and undue conditions are put under them

10.Hoarding and artificial scarcityWhen goods which are meant for public are kept in godowns illegally without reporting to the government, It is called hoarding. This creates artificial scarcity of goods. In order to earn high profits, buissnessmen creates artificial scarcity by hoarding. They sale the goods later when the prices rise.

11. Under weighting and under measurementThe traders do not weight or measure the goods correctly when they sell it in the market

Factors

Consumer exploitation is caused because of the following factors –

1.Limited InformationThe producers and sellers are free to produce any good or service in any quantity and there is no regulation of prices. In such cases, providing full and correct information about different aspects of products like price, quantity, condition of use, etc to the consumer is of great importance. But consumers have access to limited information which might be incomplete or false

2.Limited SuppliesThe consumer are explioted, when the goods and services are available in limited quantity. Limited supplies are usually a result of lower production of goods as compared with the demand. This gives rise to the tendency of hoding and price asclation

3.Limited competitionIn many cases, a few sellers control the entire market and manupulate the price and availability of commodities such as durable goods, medicines, auto-mobiles, etc. The sellers have an upper hand in fixing the prices of such products

4.Low level of literacyIlliteracy is one of the major droback that leads to consumer exploitation. The level of consumer counsiousness in our country is generally low. The consumer are not aware of their rights and duties

Consumer awareness

The awakening among consumer by their rights and duties, social and legal obligation of the buissness or government towards the consumer is called consumer awareness.

There is a growing realisation that consumer are needed to be aware of unfare practices done by the shopkeepers and producers. The process of development along with the expanding globalisation and liberalisation process has increased the number of consumer related issues. Consumer protection has earned an important place in the political, economic and social agendas of many nations. In India, the Government has taken many steps including legislative, to protect consumers.

Need For Consumer Awareness

1) Only knowledgeable and alert consumers aware of their rights and responsiblities can protect themselves effectively. The need of the hour is, therefore, to educate the common consumers particularly those in rural areas who are more susceptible to exploitation. Once they are educated and made aware of the schemes that have been drawn up for their benefit and also the redressal forum that is available, the benefit of various schemes, in true sense, will reach the common consumers of the country.

2) Making existing and potential customers knowledgeable about products/services, consumer awareness programs create more informed buying decisions. Consumers cannot purchase products and services if they do not know they exist. A lack of consumer awareness in any industry can harm sales. If specific products and services are better known, those products and services will remain on the front line in sales. Therefore, it is important to implement consumer awareness programs that will introduce and make the target audience aware of the products and services a company offers. Consumer awareness programs can be initiated through the utilization of flyers, brochures, television, radio, guides, fact sheets, information posted to a Web site, school programs, and other sources depending upon the topic and the message delivered.

3) Consumer awareness is making the consumer aware of His/Her rights. It is important as one should not be misled by producers. Many people are ignorant of their rights to get

protected against the exploitation by so many others. So when there is a forum for such redress of grievances there seems to be no such exploitation by many; and becomes a rare one. So in order to get a clear picture of the level of exploitation of consumers, the awareness is required.

Quality marks

The Government of India has taken certain steps for standardisation of products through Bureau of Indian Standards (BIS) and Agmak.

BIS caters to the industrial and consumer goods, the Agmark for agricultural products and the Hallmark is for jewellery. These logos and certification help consumer get an assured quality of the goods and services. The producers can use these logos provided if they follow certain quality standards.

These standards are not to be followed by all producers compulsorily. However, in cases of products of mass consumption like LPG cylinders, packaged drinking water, cement, etc, it is mandatory on the part of the producers to get certified by these organisations.

Consumer Movements

There was dissatisfaction of the consumers as many unfair practices were being induged in by the shopkeepers. There was no legal system or law available to consumers to protect themselves from unethical and unfair practices and expliotaion by sellers. In case of any defective product or deficiency of services, it was considered to be responsibility of the consumer to be careful while buying a commodity or service. These factors gave birth to the consumer movements in India.

Most people do not make compliant to redressal their grievances. To make consumer movement effective, it was necessary that every compliant, even for a small amount of money, should be made.

Early attempts

Rampant food shortages, hoarding, black marketing, adulteration of food and edible oil, etc gave birth to consumer movements in an organised form in the 1960s. Till 1970s, consumer organisations were largely engaged in writing articles and holding exhibitions. They form consumer groups to look into the malpractices in ration shops and over crowding in the road passenger transport.

UN role in the consumer movement

In 1985 United Nations adopted the UN guidelines for Consumer Protection. This was a tool for nation to adopt measures to protect consumers. This became basis for consumer advocacy group to press their government to accept their demands for protection for consumers against unscrupulous traders and shopkeepers. This led the foundation for consumer movement. Today, Consumer International has became an umbrella body of 240 organisations from over 100 countries.

Consumer Protection Act 1986 (COPRA)

In 1986, the Government of India enacted Consumer Protection Act 1986, popularly known as COPRA to protect the interest of the consumers. Now, consumer can go to consumer courts or consumer forum to get justice. The Act provides for establishment of Consumer Disputes Redressal Agencies at District, State and National levels for the protection and promotion of consumer interests and to redress their grievances in a speedy, simple and inexpensive manner. It is a quasi-judicial machinery. These are known as National Consumer Commission at Delhi, State Consumer Comission and District Forum.

The Act was amended in 1991 and 1993. It has enabled the consumers to have the right to represent in the consumer courts. The Act has also led to setting up of seprate Departments of Consumer Affairs in Central and State Government which focus exclusively on the rights of the consumers. Thus, COPRA is an important step in the consumer movement in India.

In October 2005, Right to Information Act was enacted. This enables citizens to have all the information about functions of government departments. The citizens have the right to know all the particulars of goods and services they purchase.

Consumer Forums / Courts

Consumer Court is the name given to special purpose courts, mainly in India and elsewhere, that deal with cases regarding consumer disputes and grievances. One can go to consumer court to seek redressal. To help an ordinary citizen, consumer courts have been set up at District, State and National level. Here, an Indian citizen can file a case in a very simple format. There is no need to hire a lawyer as you can fight your own case. No court-fee is required. Thus you can proceed with your case at minimum expenses.

It has become the vehicle for enabling people to secure speedy and in-expensive redressal of their grievances. With the enactment of The Consumer Protection Act, 1986 this law, consumers now feel that they are in a position to declare “sellers be aware” whereas previously the consumers were at the receiving end and generally told “buyers be aware”.

Various claims are dealt with these courts. Complaints involving costs and compensation upto Rs. 20 lakhs are required to be filed at the District Consumer Redrassal Forum. Complaints involving costs and compensation between Rs. 20 lakhs and Rs. 1 crore are required to be filed at the State Commission which is situated in all the State capital cities. Complaints involving costs and compensation of over Rs. 1 Crore are required to be filed at the National Commission at - National Consumer Grievances Redrassal Forum, 5th Floor, Janpath Bhawan, New Delhi 110001

If a consumer is not satisfied by the decision of the District Forum, he can challenge the same before the State Commission and against the order of the State Commission a consumer can come to the National Commission

CONTENTS OF CONSUMER COMPLAINT

Procedures for filing complaints and seeking redressal are simple. There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. ( A stamp paper is also not required). Three to five copies of the complaint on plain paper are required to be submitted by the complainant or his authorized agent in person or could be sent by post to the appropriate Forum / Commission. A complaint should contain the following information:-

(a) The name, description and the address of the complainant. (b) The name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained; (c) The facts relating to complaint and when and where it arose; (d) Documents, if any, in support of the allegations contained in the complaint. (e) The relief which the complainant is seeking. The complaint should be signed by the complainant or his authorized agent. The complaint is to be filed within two years from the date on which cause of action has arisen.

FORMAT OF CONSUMER COMPLAINT

BEFORE THE HON’BLE NATIONAL/STATE/DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI/STATE CAPITAL/DISTRICT NAME.

COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Name and address of complainant)

.................... COMPLAINANT

AND

IN THE MATTER OF : (Name and address of the accused)

.................... OPPOSITE PARTY

Rights and Duties of a Consumer

Education is a life long process of constantly acquiring relevant information, knowledge and skills. Consumer education is an important part of this process and is a basic consumer right that must be introduced at the school level The most important step in consumer education is awareness of consumer rights. However, consumer education is incomplete without the responsibilities and duties of consumers, and this influences individual behaviour to a great extent.

The rights of consumer are as follows –

1. Right to SafetyConsumers have right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests. For ex – if an electronic good, chemical product, gas cylinders, etc happen to have any manufacturing defect, it may harm the consumer resulting in injury or death or damage to property.Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI,AGMARK, etc

2. Right to InformedConsumers have right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.Consumer should be informed – how to use the product, what safety measures or precations are to be taken to avoid injury, expiry of the product, etc. This will enable him/her to act wisely and responsibly and also enable him/her to desist from falling prey to high pressure selling techniques.

3. Right to Choose

Consumer has the right to choose the product at competitive price which are fair and reasonable. He/she must have access to the variety of goods avaiable and must be able to compare the relative quality and price of similar product. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price

4. Right to be heardConsumer's interests should receive full and sypathic consideration in the formation and execution of economic and other politics which effect the consumer. Consumer had the right to be heard by the manufacturers, traders, government and local bodies. It also includes right to be represented in various forums formed to consider the consumer's welfare.

5. Right to Seek redressal

Consumer have the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer.

6. Right to Consumer Education

Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. Consumer have the right to be educated about – unfair practices by traders and manufacturers, provisions of relvent law inacted to prevent unfair trade practices, steps to safeguard their interest and responsibilites of the consumer in connection with excersie of their practises

Duties of consumer are as follows –

1. While purchasing the goods, the consumer should look at the quality of product as well as guaranty of the product and services. Whenever possible, one should insist of waranty card. One should preferably purchase quality product, ISI mark product or Agmark, etc. Agmark is for agricultural product

2.Whenever possible, consumer should ask for cash memo for the item purchased

3.Consumer should form consumer awareness organisation which can be given representation in varies commities formed by the government and other bodies in matters related to consumer

4. Consumers must make complaint for their genuine grievances. Many times, their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances.

5.Consumer should know their rights and must excercie them

Role Of Producers

The role of producers is very significant with far reaching consequences.

1.The producers are under obligation to produce goods conforming to the prescribed standards, such as ISI, wherever such standards are prescribed.

2.They must provide written literature giving details to reasonable extent about the products,

their ingredients, their do and don'ts, warranty or guarantee, MRP, date of manufacture and expiry, operational instructions, etc as the case may be, with each unit of product.

3.Provision of the address of the manufacturer with other contact details is significant as the customer may ultimately have to fall back in case of need.

4.Packing of products to reach them safe at the end user point, quick response and remedial measures in case of any wrong happening, etc could be very helpful to save consumers from big hassles and losses.

If the producer take all reasonable care, a high volume of troubles gets eliminated by facilitating the consumer rights this way providing right quality products, each unit tested and certified.

Conclusion

An aware consumer is the one who is aware of all unfair practices by the shopkeepers and the producers. He/she should checks at various shops and buy a commodity or service at a competetive price. He/she should be conscious of his/her rights and duties and therefore, he/she should be informed about the following before purchasing a product -

1) Details about ingredients used 2) Price3) Batch Number 4) Date of manufacture5) Date of expiry6) ISI marked or Agamark or Hallmark7) Address of manufacturer8) Warnings and Instructions for use

Also, an aware consumer should express his/her solidarity by forming consumer awareness organisation which may get representation in various committes formed by the government. He/she should redress their grievances even if the amount for the product is not high because it’s impact on the soceity is large. There should be consumer’s active involvement to protect the interest of all consumers.

Source(s):

Google,Yahoo,Ask,Starware,Consumerreports,Wikipedia,answers.com, outlookindia,

http://www.consumercourt.netfirms.com/index.htm

http://members.tripod.com/arun.saxena/consum2.html#b

www.fcamin.nic.in