UPSC Prelims 2012 · Question 8 of 98

UPSC Prelims 2012 question on Consumer Rights Provisions

With reference to consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct?

1. Consumers are empowered to take samples for food testing.

2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.

3. 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.

  1. 1 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
Show answer

Answer: C. 1 and 3 only

Verdict

Correct Answer: 1 and 3 only

Statements 1 and 3 are correct because consumers can get food samples tested and legal heirs can pursue complaints, while Statement 2 is incorrect because consumer complaints are not always filed free of cost.

Analysis

Consumer rights in India are protected mainly through the Consumer Protection Act and food safety laws. These laws provide remedies against defective goods, deficient services, unsafe food and unfair trade practices.

Statement by statement

1. Consumer can take food samples for testing — Correct

Under the Food Safety and Standards Act, 2006, a consumer or recognised consumer organisation can take food samples for analysis.

The consumer must inform the food business operator while taking the sample. If the food is found unsafe or substandard, the testing cost is refunded.

2. Consumer complaints can be filed without any fee — Incorrect

Consumer forums are accessible, but filing a complaint is not completely free in all cases.

A nominal fee is generally required depending on the value of goods, services and compensation claimed. Hence, the word “without any fee” makes the statement incorrect.

3. Legal heir can file a complaint after the death of the consumer — Correct

The Consumer Protection Act allows a legal heir or representative to file or continue a complaint after the death of the consumer.

This ensures that the claim does not end merely because the affected consumer has died.

Extra UPSC info

* Consumer Protection Act, 2019 replaced the Consumer Protection Act, 1986.

* The 2019 Act established the Central Consumer Protection Authority.

* It covers unfair trade practices, misleading advertisements, product liability and e-commerce transactions.

* Product liability allows consumers to claim compensation for harm caused by defective products or deficient services.

* The Act introduced mediation as an alternative dispute resolution mechanism.

* Consumer commissions exist at District, State and National levels.

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