RBSE Class 10 SST Chapter 18 Consumer and Legal Awareness and Right to Information Notes
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Consumer refers to an individual who purchases and consumes goods and services.
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Consumer is the person who obtains any good or service by making payment for it and finally consumes
According to the Consumer Act of 1986, a consumer is an individual who
has paid for some good or service or has promised to pay for it.
Has made part payment for the goods or service and has promised to make a balance payment.
Who has promised to make payment on a due date.
The final person who receives profit or benefit of the purchased commodity or service is known as consumer. In the Consumer Act, consumer has been divided into two types- a. Consumer of goods, b. Consumer of services.
Person
According to the act, following are included in the term person
i. A registered or non registered firm/company
ii. Joint Hindu family
iii. Cooperative organization;
iv. A group of persons whether it has been registered under the Committees Registration Act or not:
Exploitation of Consumers
Reasons for Exploitation of Consumers
When a consumer obtains some good or service after making payment for it or on rent but does not get any profit/ benefit from the good or service, then that condition is known as exploitation of the consumer.
Following are the reasons for exploitation of consumers:
Purchasing a good or service without paying attention to their quality, quantity, purity and standard.
Not selecting the right good or service due to availability of various types of goods and services.
Lack of complete written or unwritten information about a good or service.
Belief in written advertisement present on the packing of goods.
Illiterate consumers.
A consumer not complaining in written or in the required format against an impure or harmful goods or service.
Lack of decision an of complaints.
Unorganized consumers.
Influence of capitalists/entrepreneurs on the government
Types of Consumer Exploitation
Exploitation of consumer has been divided into two types. Exploitation in the form of goods or items and exploitation in the form of services.
a. Goods or items
1. Less weight, quantity or measure.
2. Not of the type which has been told or mentioned.
3. Impure or containing impurities.
4. Taking additional price as compared to fixed price.
5. Lack in desired capability or quality of product.
6. Unsafe product.
7. Intentionally hiding the faults of the product which get highlighted when the product is used.
8. Creating artificial shortage of goods or stock and forcing the consumers to pay more price or purchase goods of inferior quality.
b. Services
1. Not providing quality services on time as per the conditions of service mentioned.
2. Unsafe or faulty service.
3. Instead of providing safety/benefit, causing harm.
4. Providing physical, mental, intellectual damage, etc.
Consumer Rights
The call for consumer rights is regarded to begin from Sales of Goods Act, 1930. After this, the Consumer Protection Act was passed in 1986. This act aims to provide maximum protection to consumers.
Following provisions have been made for protection and promotion of consumers in section 6 of the Act of 1986:
1. Right of protection against harmful goods:
The consumers have right of getting protection against distribution of those goods or services which are harmful for their life and property. For example, impure food items are harmful for life while impure cement is harmful for life and property.
2. Right of information or right of getting informed :
A consumer has the right to obtain information about the quality, quantity, standard and price of the goods and services which he purchases from the producer/seller.
3. Right of getting various types of goods or stock at competitive prices :
For the benefit of consumers, governments and agencies should ensure availability of goods and services at reasonable rates in the market. so that a consumer may be able to purchase goods of his choice.
4. Right of getting remuneration against unethical exploitation :
In the Consumer Protection Act of 1986,
the consumers have been given the right of getting remuneration against obstacles, unfair trade practices or unethical exploitation.
5. Right of consumer education
National Consumer Disputes Redressal Commission has been assigned the responsibility that under the Consumer Protection Act, the consumers should be provided appropriate education for their remedies. If people are made aware of their rights for one time, then they can become powerful against the exploitation done by producers and traders.
Duties of Consumers
In order to avoid exploitation or loss, a consumer will have to fulfill the following duties while purchasing goods or services:
1. Ensure taking the details of the purchased goods or services in the form of receipt or bill purchase.
2. Collect complete information about the goods in written or unwritten form.
3. Pay complete attention on symbols of classification and quality of goods such as ISI/AG/ISO/FPO/ECO,etc.
4. In case of problem in goods or services, the consumer should inform the seller immediately and demand remuneration from him.
5. Collect documents and proofs in support of the complaint.
6. If the producer or seller does not attend the complaint of the consumer, then he should immediately establish contact with consumer court/state government/ consumer commission/forum, etc.
Measures of Solving Consumer Complaints
Before independence, In order to solve consumer complaints Sales of Goods Act was formed in 1930. On 24h December, 1986, the parliament of India had formed the Consumer Protection Act 1986. Therefore, 24th December is celebrated as Consumer Day in India.
Under this act, provision has been made to solve the complaints of consumers on three levels:
1. On national level
2. On state level
3. On district level
On Rajasthan Level
On the basis of powers provided by the Consumer Protection Act 1986, Rajasthan State Consumer Protection Act was passed in 1987. This act provides arrangement at two levels.
1. State level
2. District level
State Commission
According to rule 7 of Rajasthan Consumer Protection Act of 1987
1. Headquarters of the state commission will be established in the capital of the state.
2. The work days and work hours of the state commission will be the same as the state government.
3. Official Seal and symbol of the state commission will be decided by the state government.
4. Meeting of the state commission will be called by its president as and when required.
District Forum
According to rule 4 of Consumer Protection Act 1987
1. Office of the district forum will be established at district headquarters.
2. Work days and work hours of the district forum will be as of the state government.
3. Official Seal and symbol of the district forum will be decided by the state government.
4. Meeting of the district forum will be called by its president when required.
Provisions of Consumer Disputes Redressal
1. If the value of product or service and the amount of demanded compensation is not greater than 20 lakh rupees, then the consumer can lodge a complaint in the district forum/platform which is established in every district.
2. If the value of product or service and the amount of compensation exceeds 20 lakh rupees and less than 1 crore rupees then the consumer can lodge a complaint in the state commission in order to solve the dispute.
3. If the value of product or service is more than 1 crore rupees, then the consumer can lodge his complaint in the National Consumer Protection Commission.
Provision for appealing against the decision of the forum/Commission
1. In case of the district forum not giving its decision within 90 days or in case if the consumer is not satisfied with its decision, he can appeal in the state consumer protection commission against the decision.
2. Appeals can also be made in national commission against the decision of the state commission.
3. There is a provision of appealing in the Supreme Court against the decision of the national consumer protection commission.
Legal Awareness
Service institutions formed under the Legal Services Authority Act 1987 perform the function of providing information about various public welfare schemes and amendments in laws and rules to common people. This is called legal awareness.
In order to implement the working of legal aid in the entire nation, the Indian government passed the Legal Services Authorities Act in 1987. This law became effective in the entire country on 5th November 1995. Therefore, 5th November is celebrated as National Legal Services Day. Under Legal Services Act 1987, equality of opportunities has been provided to the citizens and various schemes have been initiated to develop the judicial system and to lessen economic inequality. Various public welfare programs have been run by the state and central governments for the welfare of people living below poverty line, scheduled caste, scheduled tribe, tribal people, physically disabled, workers, women, children and other weak sections.
Institutions of Legal Services Authority
1. National Legal Services Authority
2. State Legal Services Authority
3. District Legal Services Authority
4. Tehsil Legal Services Committees
Rajasthan State Legal Services Authority
In Rajasthan, Rajasthan State Legal Services Authority has been established under the act of 1987. Its headquarters is in the High Court building in Jaipur. Honorable Chief Justice of the High Court is its Chief Patron and the senior judges are its executive chairman. Legal services programs are run under their direction in the entire state.
Functions of Rajasthan State Authority
1. State authority has the responsibility to implement the policies and rules formed by the central government.
2. Provision of legal services to such people who fulfill the guidelines formed under this act.
3. Running Lok Adalats along with Lok Adalats associated with affairs of the court.
4. Take responsibility for conducting remedial and favorable legal services programs.
5. Running permanent Lok Adalats.
6. Arrangement for alternative solutions to problems.
7. Propagating and promoting legal awareness.
Measures to spread Legal Awareness
1. Chief judicial officers and legal awareness teams conduct legal awareness camps in schools, colleges and
various public places.
2. Through mobile vans, mobile lok adalats and legal awareness campaigns are run in every village.
3 A weekly program named “Kanoon Ki Baat” is telecasted on Akashvani, television and community radio
on a regular basis.
4. Pamphlets and small booklets are published and distributed by the District Legal Services Authority.
Major beneficiary rules and schemes
Following schemes are being run by Rajasthan state government:
Financial assistance of five lakh rupees is provided in case of a registered worker from an unorganized sector dying in an accident.
Registered workers are provided one lakh rupees as medical assistance for treatment.
Under the women welfare scheme, for two deliveries, financial assistance of 6000/- per delivery is being provided.
4. Rajasthan Vishwakarma Contributory pension scheme for unorganized workers Contributory pension is provided for life security of registered workers.
5. Maatritva Labh Adhiniyam 1961
Registered women workers have the right to get 6 week paid leave before the birth of the child and six week paid leave after the birth of the child.
7. State insurance and workers provident fund scheme is being run to provide protection to employees.
8. The Prohibition of Child Marriage Act, 2006 Marriage of a boy of less than 21 years of age and a girl of less than 18 years of age is called child marriage.
This is a punishable crime.
Right to Information
The Indian constitution has provided right to information to all the citizens of India. The public pays taxes therefore it has the right to know whether the amount paid by it is used for right works or not. If a citizen demands, then every government officer/ employee is dutifully bound to provide information to him. Getting information is the right of every citizen and this itself is the right to information.
Right to Information Act, 2005
This law was passed by Lok Sabha on 15th June, 2005. After the permission of the President, this law has been implemented in the entire country from 13th October 2005. Under the Right to Information Act 2005, the citizens have been provided with the following rights-
1. Every citizen has the right to obtain information from any department or office of state and central government.
2. Any citizen can check the documents and records and can take certified copies of the documents.
3. He can also monitor the works.
4. He can take samples of items used in works.
5. He can also obtain information in computer, CD or floppy.
Method of Obtaining Information
Any citizen who desires to obtain information has to give an application in a prescribed format.
Along with the application, he has to deposit ten rupees in cash or in the form of postal order.
1. If the information is in the form of a copy of large sized paper, then he will have to pay extra charges.
2. For a CD or floppy, fifty rupees have to be deposited.
3. For photocopy, two rupees per page is the charge.
4. A citizen will be able to obtain information within 30 days of his application.
5. Information regarding a person's life or freedom can be obtained within 48 hours
6. Assistant Information officer will collect information within 35 days and provide it to the respective individual.
Fine in case of not providing information or Penalty Notice
If the officer who has to provide information refuses to accept the application without any due cause, or provides incorrect, incomplete or deceptive information, then in such cases, there is a provision of penalty from 250/- daily to a maximum amount of 25000/-.
Which type of information cannot be obtained?
1. Information associated with security of the state.
2. Confidential information associated with defense policies, science and economic affairs.
3. Confidential information received from abroad.
4. Such information due to which right of courts, parliament or legislature is exploited.
5. Such information associated with secret service bureau, border security force, crime or by which there may be a threat to national security.
Information Officers
1. In Gram Panchayats- Secretary or Gram Sewak
2. In Panchayat Samiti- Development Officer
3. In Zilla Parishad- Chief Executive Officer
4. In Nagar Palika-Executive Officer
5. In institutions aided by the State Government- Chief Executive Officer
6. In Universities - Registrar
7. In a Government department- Senior-most Officer under the Head of the Department
8. In State Secretariat- Secretary of Administrative Reform Department.
Tenure of Appeal
Within 30 days of obtaining information from the public information officer, appeal can be made in the office of the senior officer.
Appellate Officer
First appeal against gram sevak can be made to sarpanch, appeal against development officer can be made to pradhan, appeal against additional collector can be made to district collector. In case of hearing not conducted within 30 days of appeal, the second appeal can be made to the state information commission.
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