Indian Polity : Tribunals

Q 1 / 4

UPSC CSE Prelims 2012

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:

EXPLANATION

Correct Option

Statement 1 is correct.

Under the provisions of the Food Safety and Standards Act, 2006, which subsumed earlier food laws like the Prevention of Food Adulteration Act, 1954, consumers have the right to get food samples tested. While consumers typically do not directly 'take' samples for official testing themselves, they can approach designated food safety authorities or accredited laboratories to submit samples for analysis, thereby exercising their right to ensure food safety and quality.

Statement 3 is correct.

The Consumer Protection Act, 1986 (and subsequently the Consumer Protection Act, 2019) defines a 'complainant' to include a legal heir or representative of a deceased consumer. This provision allows the legal heir to file a complaint or continue a pending complaint on behalf of the deceased consumer, ensuring that the rights of the consumer are upheld even after their demise.

Incorrect Options

Statement 2 is incorrect.

Filing a complaint in a consumer forum, under both the Consumer Protection Act, 1986, and the Consumer Protection Act, 2019, requires the payment of a prescribed fee. The fee structure varies based on the pecuniary jurisdiction (value of goods or services) and the specific consumer forum (District, State, or National Commission). Therefore, the assertion that no fee is required is factually incorrect.

Option (a) is incorrect because it omits Statement 3, which is correct.

Option (b) is incorrect because Statement 2 is false.

Option (d) is incorrect because it includes Statement 2, which is false.

SOURCEIndian Polity by M. Laxmikanth, Chapter 59: Statutory, Regulatory and Quasi-Judicial Bodies