During Diwali last year, I bought LED television set and even though the producer had announced a free DVD player with it, the retailer did not give it, saying that it was out of inventory and that he would send it later. Despite repeated pointers, 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 Rs1800, which is the distinction 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 accountability 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 buy of the television set. After failing to keep up that promise, the manufacturer/retailer cannot 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 overall free. In fact, they have to give you a more costly model compensate you for delayed delivery. Point this out to the dealer and if he fails to respond favorably, lodge a complaint before the consumer court.
Under the consumer security act, not giving the “free gift” as promised or promoted is an unfair trade practice. So also gathering part payment for a ‘gift’ offered free of cost.
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 the manufacturer had given an impact, through his advertisement promoting bread, that each package of bread would contain a “scratch-and-win” coupon and every individual buying 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 producer guilty of unfair trade practice, the Punjab state consumer disputes redressed commission of Rs50, 000. Upholding it, the national consumer disputes redressed commission said: “In our view. In case of unfair trade practice like the present one, the settlement to be awarded has to be exemplary.”
I want to buy a small piece of jewellery for my girl. However, given the steep price of gold, I want to be absolutely sure of the quality that the jeweler gives. How do I ensure this?
Go to a BIS-qualified jeweler who sells only hallmarked jewelry. (Hallmarking is a system of assessing or assaying of precious metals like gold in a laboratory to determine its purity or fineness and certifying it) you can find a list of such jewelers from the website of the bureau of Indian standards that I have described above. And even here, opt for someone with a good popularity. And make sure that the jewelry that you choose is hallmarked.
A hallmarked piece of jewelry will carry the following five marks: the bureau of Indian standards (BIS) mark, the cleanliness mark given by assaying centre (purity is expressed in so many parts of gold per 1000 of jewelry: A purity of 916 for example, is equivalent to 22 yards), the assaying and hallmarking center’s mark, the jeweler’s mark and the year of marking. Ask for a magnifier glass and check these marks carefully. Next, look for the certificate of confirmation of the weighing scale, which should be plainly displayed by the jeweler. The document is issued by the department of legal metrology. Before the jeweler weighs the jewelry, 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, referring to all the details of purchase, such as 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 fridge, 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 limited trade practices commission (MRTPC) had at one time revealed that in many cases, the free gifts were really not free and he producer was recovering either fully or partly, the cost of the so-called free gifts, mostly by the 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 watch dog to investigate suo motu into such offers.
Consumers therefore would do well to think about such offers very carefully. First and foremost, do not allow the free gifts to determine your choice of a product or a service, instead of its excellent, performance and after sales service.
Second, check the model on offer: is it an obsolete model that the manufacturer is trying to get rid of? Is he giving you a proper warranty on the product? Is it accessible for delivery along with the main product? Weigh the advantages and effectiveness of the gift too. In short, be a discerning consumer.