4. Define Consumer and Discuss the Rights of the Consumer

Definition of Consumer under Law of Tort

• A consumer is defined as a person who purchases goods or avails services for a consideration, which has been paid, promised, or partly paid and promised, but excludes persons buying for resale or commercial purposes.
• Under the law of tort, a consumer is the ultimate user who has certain rights to be protected against negligence, defective goods, unfair trade practices, and deficient services.
• The core principle is that a manufacturer or service provider owes a duty of care to the consumer, and any breach causing harm entitles the consumer to seek remedies.
• The foundation of consumer protection within tort law is exemplified in the famous case Donoghue v. Stevenson (1932), where the court held that manufacturers owe a duty of care to the end user, even in the absence of a direct contract.
• This case established the principle of negligence and tortious liability in consumer law.

Rights of the Consumer

• Consumers are guaranteed several fundamental rights to ensure fairness, safety, and redress. These rights are crucial under the Consumer Protection Act, 2019, and common tort principles.
• Each right empowers the consumer to be protected and compensated if these rights are violated.

Major Rights of the Consumer

1. Right to Safety

Consumers have the right to be protected against the marketing of goods and services which are hazardous to life and property. For example, if a product is found defective and dangerous, consumers can claim compensation.

2. Right to be Informed

Consumers must be provided with complete information about the quality, quantity, potency, purity, standard, and price of goods or services. This protects them from being misled.

3. Right to Choose

Consumers have the freedom to choose from a variety of goods and services offered at competitive prices. This right guards against monopolies and ensures availability.

4. Right to be Heard

The consumer's interests will receive due consideration at appropriate forums. They can voice complaints and grievances and seek remedies.

5. Right to Seek Redressal

Consumers can seek compensation or corrective action from the seller or service provider in cases of unfair trade practices, exploitation, or defective goods.

6. Right to Consumer Education

Consumers have the right to be educated about their rights and responsibilities to make informed choices.

Consumer Protection through Law of Tort

In addition to statutory consumer protection laws, the law of tort provides remedies where consumers suffer harm or injury. Tort law principles such as negligence, product liability, and strict liability are critical in protecting consumers.

• Negligence: If a manufacturer or service provider fails in the duty of care and causes injury, tort law allows the injured consumer to claim damages.
• Product Liability: If a defective product causes harm, liability can be imposed even if no direct contract exists.
• Strict Liability: In some cases, liability is absolute, meaning the consumer doesn't have to prove negligence, only that the product or service caused damage.

Key Case Study: Donoghue v. Stevenson (1932)

• This landmark case established the doctrine that a manufacturer owes a duty of care to the consumer though no contract exists.
• The plaintiff consumed a ginger beer containing a decomposed snail and suffered illness.
• The court held the manufacturer liable for negligence, thus protecting consumers in tort law.

Real Case Studies Illustrating Consumer Rights

1. Indian Medical Association vs. V.P. Shantha (1995)

The Supreme Court held that medical services fall under the definition of "service" under the Consumer Protection Act. This landmark decision extended consumer rights to patients, enabling them to claim remedies for medical negligence.

2. Hindustan Safety Glass Works Ltd. vs. National Insurance Company

The insurance company denied compensation based on a technicality about the claim period. The National Consumer Commission ruled in favor of the insured, emphasizing consumer rights to fair compensation.

3. Nizam Institute of Medical Sciences vs. Prasanth S. Dhananka

A patient developed paralysis after a tumor surgery due to alleged negligence. The court held the hospital liable for deficiency in service, reinforcing the consumer’s right to seek redress.

4. Anita Sena's Medical Negligence Case

Despite the surgeon's negligence (leaving a surgical gauge), the case was dismissed due to the delay in complaint. This highlights the importance of timely action by consumers in exercising their rights.

Conclusion

• The consumer under the law of tort is the ultimate recipient of goods and services entitled to protection against exploitation, defective products, and deficiency in services.
• The rights of consumers, such as the right to safety, information, choice, redressal, and education, empower them to demand and enforce fairness.
• Tort law complements statutory provisions by holding manufacturers and service providers liable for negligence and defective goods even when there is no formal contract. Real-world case studies like Donoghue v. Stevenson and Indian Medical Association vs. V.P. Shantha underline how consumer rights have been judicially strengthened to ensure justice and accountability.
• Consumers must, however, be vigilant and proactive in exercising these rights for effective protection.
• This framework ensures a balanced relationship between consumers and businesses, promoting trust, safety, and fairness in commerce and services.