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During Divali last year, I purchased an LED television set and even though the manufacturer had announced a free DVD player with it, the retailer did not give it, saying that it was out of stock and that he would send it later. Despite repeated reminders, he never sent it. Now he says that the model on offer has been discontinued and he can give me a newer model, but I have to pay Rs 1800, which is the difference in price between the two players. What are my rights as a consumer? Having advertised/promised a DVD player as a "free gift" along with the television set, it is the responsibility of the manufacturer as well as the retailer to ensure that the free gift is absolutely free as promised and is available for delivery at the time of purchase of the television set. After failing to keep up that promise, the manufacturer/retailer cannot now ask you to pay part of the price. If that model is not available, then they must give you some other model (but not of inferior quality ), but absolutely free . In fact, they have to give you a more expensive model to compensate you for delayed delivery. Point this out to the dealer and if he fails to respond positively, lodge a complaint before the consumer court. Under the Consumer Protection Act, not giving the "free gift" as promised or advertised is an unfair trade practice. So also collecting part payment for a 'gift' offered free of cost.
I want to buy a small piece of jewellery for my daughter. However, given the steep price of gold, I want to be absolutely sure of the quality that the jeweller gives. How do I ensure this? Go to a BIS-certified jeweller who sells only hallmarked jewellery. (Hallmarking is a system of analysing or assaying of precious metals like gold in a laboratory to ascertain its purity or fineness and certifying it) You can find a list of such jewellers from the website of the Bureau of Indian Standards that I have mentioned above. And even here, opt for someone with a good reputation. And make sure that the jewellery that you choose is hallmarked. A hallmarked piece of jewellery will carry the following five marks: The Bureau of Indian Standards (BIS) mark, the purity mark given by the assaying centre ( purity is expressed in so many parts of gold per 1000 of jewellery: A purity of 916 for example, is equivalent to 22 carats), the assaying and hallmarking centre's mark, the jeweller's mark and the year of marking. Ask for a magnifying glass and check these marks carefully. Next, look for the certificate of verification of the weighing scale, which should be conspicuously displayed by the jeweller. The certificate is issued by the Department of Legal Metrology. Before the jeweller weighs the jewellery, make sure that the scale is set for zero. And during weighing, ensure that the glass shutter of the scale is shut, so that the accuracy is not affected by air currents. Third, get a proper receipt, mentioning all the details of purchase, including the weight, its caratage and its price. With the festival season, the ‘festival offers’ have already begun. A free watch is being offered on purchase of an Internet connection, a washing machine with a refrigerator, so on and so forth. How do I make sure that I am not being taken for a ride? Investigations carried out by the Director General (Investigation and Registration), Monopolies and Restrictive Trade Practices Commission (MRTPC) had at one time revealed that in many cases, the free gifts were really not free and the manufacturer was recovering either fully or partly, the cost of the so-called free gifts, mostly by jacking up the price of the product prior to the announcement of such schemes. After the dissolution of the MRTPC in 2009, there is no such watchdog to investigate suo motu into such offers. Consumers therefore would do well to consider such offers very carefully. First and foremost, do not allow the free gift to determine your choice of a product or a service, instead of its quality, performance and after-sales service. Second, check the model on offer: Is it an outdated model that the manufacturer is trying to get rid of? Is he giving you a proper warranty on the product? Is it available for delivery along with the main product? Weigh the advantages and usefulness of the gift too. In short, be a discerning consumer.
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It would be relevant to
quote here the case of Bonn Nutrients Pvt Ltd vs Jagpal Singh Dara (
IV (2005) CPJ 108 (NC). Here, the complaint was that the manufacturer
had given an impression, through his advertisement promoting bread,
that each package of bread would contain a "scratch-and-win"
coupon and every person purchasing the bread would win one of the
prizes mentioned in the advertisement. However, every time the
complainant purchased the bread and scratched the coupon, he found the
words "Try again". Holding the manufacturer guilty of unfair
trade practice, the Punjab State Consumer Disputes Redressal
Commission awarded the consumer a compensation of Rs 50,000. Upholding
it, the National Consumer Disputes Redressal Commission said :
"In our view, in case of unfair trade practice like the present
one, the compensation to be awarded has to be exemplary."