INTRODUCTION

Consumer rights can generally be defined as a set of rights which provide protection to the consumer from the harm that may be associated with the goods of the producer. Thus, it can be simply stated that consumers rights are the rights of consumers. Consumer rights and laws basically regulate the relation between the consumer and the seller. A consumer is person who purchases goods or services for payment while the seller is a person who is offering to sell such goods and services for or against payment.   

Trade is one of the oldest professions of the world, some rudimentary form of market and trading system can be traced from the ancient civilizations. Earlier the market system was not complex and was mostly dominated by the sellers of the product. It was the doctrine of Caveat Emptor which is a Latin term meaning ‘let the buyer beware’. The Principle underlying this doctrine was that the buyer or purchaser (Consumer) must be careful and use his or her skill set carefully to examine the property and its nature before buying it from the seller. The buyer is entitled to plead ignorance for the same. But with the development in trade and technology, the goods sold in the markets became more complex and intricate. It became impossible for the consumer to evaluate the nature and their desired requirement from the product. The principle of Caveat Emptor exposed the innocent consumers to such vulnerabilities and there was rarely any redressal agency which they could approach for their grievances.

Consequently, a need to opt for an alternative which would protect the consumer from such unfair practice was felt. One of the important cases where the court adopted a shifting view from Caveat Emptor was the Priest and Last, wherein the claimant purchased a water bottle from the defendant (seller). Upon using the bottle several times, the bottle burst and caused an injury tothe claimant ’s wife. The defense in this case argued that claimant did not mention the purpose for which he was purchasing the bottle. In this case the court observed that the water bottle could not be sold as it was not fit for the ‘obvious and usual purpose’. Thus, a purpose of a product was to be assumed especially when the product only has one major purpose.

This decision of the common law witnessed a gradual shift from the principle that the buyer should take care to seller’s responsibility regarding the product sold. The doctrine of Caveat Emptor was replaced with the new principle of Caveat Venditor. The doctrine of Caveat Venditor puts a responsibility upon the seller to be more careful regarding their goods or services which are sold in the market. Such a paradigm shift has occurred in order to create a consumer-friendly market and to protect the innocent consumers who purchase the good or service in good faith and are not able to identify defects due to the complex nature of the products.

With the growing awareness regarding the consumer’s right and protection, many countries across the world have adopted statutory legislation for the same. The United Nation Conference on Trade and development (UNCTAD) can be considered an importance step towards the international recognition of consumer protection. The guideline laid down under UNCTAD aims to raise the issue of consumer protection at the united nations and create awareness among members state regarding the importance of consumer protection and what steps can be taken in the same regard. The globalization of trade in the 21stcentury has set up the whole world as one unit and every individual becomes a global consumer. One consumer can be affected by something that is happening on the other side of the world. Therefore, a need to articulate a well-coordinated plan among the member states so that the balance is charted between the welfare of consumer all over the world and sustainable development is achieved. And this will not possible if there are no proper laws, provisions and policies drafted for the consumer protection.

India’s exposure to the global trading market in the 1980s and the 1990s introduced the consumers to a plethora of novel goods and services, which led to the creation of new problems and with growing awareness among the masses regarding the rights of consumers, the need to introduce a statutory legislation to protect the consumers as well as set up a redressal forum was felt. Therefore, the Consumer Protection Act 1986 was introduced to safeguard the consumers from such profitable trade practices which were harmful for the consumers as well as the society as a whole. The act is a compact legislation containing 31 sections. 

The Ministry of Consumer affairs, food and public distribution of India recognizes six different types of consumer rights. The first and one of the most important right is the Right to safety. It means that a consumer has a right to be safe from goods and service which are hazardous and will affect the life and property in a negative way. It also provides that goods and services should serve the long-term interest of the consumer as well. There is also a duty upon the consumer to purchase products and services which are of a quality mark, for example, ISI, AGMARK etc.

The second right is the right to be informed. This right empowers the consumer to be informed regarding various specifications of the products such as quality, quantity, purity, standard, potency etc. Consumer is allowed to insist on getting the information regarding the product. This right is important as it helps the consumer in better judging whether the goods will serve his or her desired purpose and not be exploited by the clever marketing techniques.

The third right deals with the right to choose, which means the consumer has the right to choose from the variety of goods and services which are available at a comparative. It includes the right to be assured of quality goods and services at a fair price.

The fourth right is the right to be heard which means that the consumers have the right to put forth their interests for consideration before a proper and appropriate forum. They can also form organizations for representation before the government and other bodies.

The fifth right deals with the redressal against any unfair trade practice or exploitation. The consumer has the right to make a complaint for reasonable grievances. This right also includes the right to fair settlement of genuine and reasonable grievances.

The last right given to the consumer is the right to consumer education. This is a very important right as it allows the consumer to gain knowledge and proper skills vis-à-vis consumer rights and protection. It helps them identify unfair trade practices and exploitation and helps them become responsible consumers throughout their lives. 

COVID-19 AND THE EFFECTS ON CONSUMER RIGHTS  

Year 2020 has been a year of unfortunate events, with the Covid-19 pandemic grappling the world and the increasing uncertainties due to no significant success in the medical field for developing a vaccine to cure this novel virus. Covid-19 has impacted the whole world. All aspects: social, economic and political have witnessed a change. People are restricted to their households and their interaction with the outside world had been limited. Trade and commerce have been one of the worse affected sectors due to Covid-19, not even the e-commerce business is spared as there has been a drastic interruption in their services. 

This change is the lifestyle has definitely impacted the consumer vis-a-vis consumption of goods and services. It has led to a drastic impact on the rights of the consumers in many areas where the regular activities of the consumers are being disrupted. For example, from a drastic increase in electricity charges to sale of basic products of hygiene at a very high price has affected consumers from all walks of life. Increase in debts has also severely affected the consumers due to the lockdown.   

With the corona pandemic, it is important to note that there has been a change in consumer behavior with a rise of demand for hygiene and health care products such as masks, disinfectant, sanitizers etc. There has also been a shortage of items of basic food supplies and other consumer goods. In order to keep the businesses running and to make profit amid the times of the pandemic, the traders and businesses have adopted some unfair means such a hoarding of essential items to create a demand in the society and black marketing of the essential products at a high price. Such practices have exploited the consumers. Non-activeness of the consumer forum and redressal agencies has further added to the miseries of the consumers which violatestheir rights.

The right of the safety of majority of the consumer is put at risk at the selfish practice of the black market where a few bad elements are exploiting the situation for their gains and benefit. As people are not able to go out and inspect the product the vulnerability of the people is being exploited by some outletsclaiming to sell products capable of fighting and curing covid-19. In order to mislead the consumers, some agencies have falsely claimed association with the world health organization. There has been an increase in the sale of counterfeit goods andare offering such goods at a very high price which violates the right to basic goods and service of the consumers. The misinformation and rumors regarding the covid-19 are adding tothe violation and exploitation of the consumers as they left with no option but to panic purchase all the goods that are sold in the market. Such products have a tendency to cause harm to the life or health of the consumers. Up to March 4th ,2020, Amazon (a top e-commerce website) claimed to have detached more than one million fake and counterfeit goods claiming false covid-19 cures etc.

Apart from these goods of hygiene and essential services, consumers have also been impacted in the availability of other goods and services such a educational services, other non-essential commodities, bills for which a person qualify as a consumer.

But the covid-19 does not only have a negative impact on the consumers. An article published on First Post, titled ‘COVID-19 impact: Indian consumers exercise greater decision-making in buying, spending after pandemic outbreak’ dated May 27, 2020 states that the change in the consumption behavior along with the increase in the consumer apprehension has resulted in more consumer consciousness. The consumers are now more aware and are acquiring core decision making skill which is very important for a positive consumer protection. Even after restricted interaction between the buyer and seller, the tech savvy generation is empowered to gain information regarding products (quality, purity, specifications) before making such a purchase.  

EXSISTING CONSUMER LAWS AND ROLE OF JUDICIARY  

There are various consumer protection laws designed to protect the consumer and raise awareness regarding the same. In India, many laws deal directly and indirectly with the consumer protection. Consumer protection act 1986 is one such act which lays down provisions for the protection of consumers and set up redressal forum to address grievance. Further The drug (control) act, 1950 which regulate and controls the pricing for drugs by the government, The prevention of Food Adulteration Act 1954 which was established to control and regulate the adulteration of food as it amounts to unfair trade practice, Essential commodities Act 1955 which plays a very important role in relation to Covid-19 as it prevent the hoarding of basic and essential commodities and ensure the sale of commodities at fair prices. In an article published on Economic Times (ET) dated Mar 21, 2020 (7:26 PM IST), it was stated that the ministry of consumer affairs has directed the states to distribute hygiene product such as face masks and hands sanitizers which come under the essential commodities through ration shops at fair price in order to prevent consumer exploitation in the troubling times. The Monopolies and Restrictive Trade Practices Act 1969 is another act dealing with consumer rights and consumer laws.

The Constitution of India in which the ground-norm is also providing some form of protection to the consumer under article 14, article 21 etc.

The judiciary plays a very important role in the protection and safeguarding of consumers from its vast interpretation of the laws. We know that the Covid-19 is a situation of extraordinary nature, therefore it is the duty of Judiciary to adopt new and innovative measure to protect the citizens. The Consumer Protection Act lays down setting up of three tier consumer disputes redressal agencies. They are-

These forums form the consumer courts and work for the protection of the consumer by listening to the cases of consumers and providing speedy relief for the same. But due to the covid-19, just like obstruction to the rest of the institution, the work of the consumer court has also been affected. There hasbeen delays in hearings and people are not able to take their grievance to the courts in case of violence.

CONCLUSION-

The Covid-19 global pandemic has been a troubling time for people from all walks of life. Everything around has been deeply impacted be it the educational, political, social or the economicfacet. No doubt, trade and commerce has been adversely affected however, it does not mean that such a situation should serve as an opportunity for businesses to violate the rights of the consumers by taking up activities such as hoarding or black marketing or selling counterfeit goods or misleading people by fake claim. It is our duty as humans and citizens to not misuse such calamity for personal gains and cause harm not just to certain individuals but the society as whole. Further, the court must play an active role as the backbone in the protection of people by adopting novel and unique methods to ensure speedy trails and justice to the aggrieved consumer. It will not be wrong to conclude on a positive note by highlighting the examples of the State Consumer Dispute Redressal Commission and two district consumer forums who have decided to adopt the method of video-conferencing to hear cases in Chandigarh. Adoption of such innovative and positive ideas has become the need of the hour.