Q. With reference to consumer rights/privileges under the provisions of law in India, which of the following statements is/are correct?
- Consumers are empowered to take samples for food testing.
- When a consumer files a complaint in any consumer forum, no fee is required to be paid.
- In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below: (UPSC Prelims 2012)
Answer:
1 and 3 only
Notes: The correct answer is
[C] 1 and 3 only. Consumer rights in India are primarily governed by the Consumer Protection Act (originally 1986, updated in 2019) and the Food Safety and Standards Act, 2006. Here is the breakdown of the statements provided:
- Taking Samples for Food Testing (Statement 1 is Correct): Under the Food Safety and Standards Act (FSSA), 2006, a consumer has the right to have a sample of any food purchased by them analyzed by a Food Analyst. The consumer must inform the food business operator at the time of purchase of their intention to have the sample analyzed. If the test proves the food is unsafe, the fees paid for the analysis are refunded to the consumer.
- Payment of Fees for Complaints (Statement 2 is Incorrect): Contrary to the statement, a nominal fee is required to be paid when filing a complaint in a Consumer Commission (formerly known as Consumer Forums). The fee amount varies based on the value of the goods or services and the compensation claimed (Pecuniary Jurisdiction). However, for consumers falling below the Poverty Line (BPL), the fee is waived for claims up to 5 lakh rupees. Since the statement claims "no fee" is required globally, it is technically incorrect.
- Legal Heir Filing a Complaint (Statement 3 is Correct): The definition of a "complainant" under the Consumer Protection Act includes not only the consumer but also, in the event of the consumer's death, their legal heir or representative. This ensures that the right to seek redressal for deficiency in service or defective goods survives the original consumer.
Other important rights under the Consumer Protection Act include the Right to Safety, Right to be Informed, Right to Choose, Right to be Heard, Right to seek Redressal, and the Right to Consumer Awareness.