Mirror of Justice

From A Consumer To A Producer

July 18th, 2009 at 02:56am Under Consumer Law

FROM A CONSUMER TO A PRODUCER

Consumer Awareness

July 13th, 2009 at 02:58am Under Consumer Law

(Research Paper)

INTRODUCTION

In the early times, consumer was considered as King of the market but in the contemporary society, consumers are no longer safe against the mal practices such as, substandard goods and unsatisfactory services. The consumer has every right to reject any product or services rendered by any manufacturer in the market and can mould them to produce goods of their choice. Indian Consumer are ignorant, illiterate and do no know the role of consumption vis-a-vis economic system as well as quality of life. When they are ignorant of their rights, they cannot know their responsibility as consumers. Consumers in the market find themselves deceived by wrong weights and measures, adulterated and substandard products causing great damages to health. Neelkanta and Anand (1992) found that people prefer to absorb and endure the wrong done to them rather than fight against injustice. This is because consumers do not know the ways and means of facing them confidently. At present the consumer movement in India is in its infancy. Vast majority of the people are not even aware of consumerism as a movement closely connected with the protection of their interest. Many constitutional provisions have been made by government to protect the consumers. Until and unless the consumers avail of these provisions, the protection of consumer becomes inevitable. There is a great need to make them aware of their rights and responsibilities.

The current investigation has been undertaken to seek answers to key aspects such as level of consumer awareness regarding legislation and organization with the specific objective such as :

• To assess the awareness of respondents towards (i) consumer terminology (ii) legal laws.

• To ascertain the awareness of respondents regarding consumer organizations and various information sources.

MATERIAL AND METHODS

(a) Research Design : Survey method was used with a structured type questionnaire as the data-collecting instrument.

(b) Pre-Testing : Pre-testing was done on 20 subjects (10 males and 10 females) for clarity and reliability of the tool.

(c) Sampling Procedure : The sample for the study was selected from Indore district. Selective sampling was chosen after critical review of literature. It has been observed that consumer behaviour has been imposed on a range of people belonging to middle class. Both rich and poor have different problems.

Therefore the present study was limited to middle class society. Fifty percent respondents were males and 50 percent females having formal education.

(d) Data collection : In total 150 questionnaires were distributed out of which 120 sample was finally selected.

(e) Analysts of Data : The statements on consumer awareness were framed after critical review of literature and discussions with experts in the field. The answer to these statements were sought in terms of ‘right’, ‘wrong’, ‘not sure’ and ‘don’t know’ which were scored as follows :

Right : 3 points

Not sure : 2 points

Wrong : 0 point

Scoring pattern was reverse in case of wrong statements. Thus minimum score was 0 and maximum possible = 105. Mean and Standard deviation were calculated and range was formed to categorize the respondents as follows :

Low awareness : 0 – 35

Partial awareness : 36 – 70

High awareness : 71 – 105

‘t’ – test was used to study the difference between awareness level and sex of respondents.

RESULTS AND DISCUSSION

Consumer Awareness : It was observed from Table 1 that out of total 41.6 percent respondents have low level of awareness regarding consumer terms. Amongst, this, 15.0 percent are males and 26.6 percent females. Only 23.3 percent respondents had partial awareness out of which 15.0 percent are males and 8.3 percent females. Out of total, 35 percent respondents had high level of awareness with 20 percent belonging to males and 15 percent to females. Findings of John’s study (1974) also confirmed that majority of respondents hae partial consumer awareness.

Table 1 : Distribution of sample according to their level of consumer awareness (N = 120)

Respondents

Low

Partial

High

Frequency

% age

Frequency

% age

Frequency

% age

Males

18

15.0

18

15.0

24

20.0

Females

32

26.6

10

8.3

18

15.0

Total

50

41.6

28

23.3

42

35.0

LEGAL AWARENESS

Regarding legal awareness showed that majority of males and female respondents were aware about the legal laws protecting the consumers against adulteration of food stuffs (90 percent males, 86.6 percent females), adulteration of drugs (90 percent males, 86.6 percent females), short weighing (86.6 percent each of males and females); false weights and measures (86.6 percent males, 76.6 percent females) ; using stones for weights (80.6 percent males, 63.3 percent females) ; using hand made balance (76.6 percent males and 50 percent females) and using deceitful packaging (70 percent males and 43.3 percent females). It was concluded from the above findings that males were having better awareness regarding legal laws than female respondents.

Table 2 : Distribution of sample according to level of consumer legal law awareness (N = 120)

S.

N.

Legal Laws

Males

Females

Yes

No

Yes

No

Frequency

%age

Frequency

%age

Frequency

%age

Frequency

%age

1.

Adulteration of food stuff

54

90

6

10.0

52

86.6

8

13.3

2.

Adulteration of drugs

54

90

6

10.0

52

86.6

8

13.3

3.

Short weight & measures

52

86.6

8

13.3

52

86.6

8

13.3

4.

False weights & measure

52

86.6

8

13.3

46

76.6

14

23.3

5.

Misuse of weights & measures

44

73.3

16

26.6

38

66.3

22

36.6

6.

Using stones for weights

48

80.6

12

20.0

38

63.6

22

36.6

7.

Using handmade balances

46

76.6

14

23.3

30

50.0

30

50.0

8.

Using deceitful advertisement

46

76.6

14

23.3

34

56.6

26

43.3

9.

Using deceitful packaging

42

70.0

18

30.0

34

56.6

26

43.3

10

Without giving weighed contents

44

73.3

16

26.6

38

63.3

22

36.6

AWARENESS OF RESPONDENTS REGARDING PRODUCT STANDARD :

Level of awareness regarding various terminologies was observed in Table 3. The data showed that 53.3 percent males and 66.6 percent females were aware of term Ag mark. The term I.SI. was known to 60 percent males and 66.6 percent females respondents. About 30 percent males and 40 percent female respondents were aware of the term mercerization. It was inferred from the finding that more number of female respondents were aware of these specific terms than men. It may be attributed to the fact that it is related more to clothing which is frequently purchased by women than men.

SOURCE OF INFORMATION REGARDING PRODUCT STANDARD:

Majority of male and female respondents got some information of consumer interest through T.V. (86.6 percent males and 6.6 percent females) followed by radio, newspaper and magazines (Table 4). Journals were least commonly used sources of information (33.3 percent males and 36.3 percent females). It can be concluded that mass – media can effectively be used to promote information and awareness especially to educated respondents belonging to middle income group. Mass – media can also play an effective role for masses belonging to different socio-economic categories also.

AWARENESS REGARDING CONSUMER ORGANIZATIONS:

The data in Table 5 showed that 80 percent males and 53.3 percent females were aware about consumer organizations working in and around their area. On the contrary, only 40 males and 26.6 percent females had shown any interest in joining these organizations. The reason given by majority of them was lack of time and no interest in joining them, as it will yield no results. Parameshwar (1988) analyzed that unless the government and voluntary organization can’t achieve the desired results.

Table 3 : Distribution o sample according to their awareness of consumer technology (N = 120)

S.

N.

Legal Laws

Males

Females

Yes

No

Yes

No

Frequency

%age

Frequency

%age

Frequency

%age

Frequency

%age

1.

Agmark

32

53.3

28

46.6

40

66.6

20

33.3

2.

ISI

36

60.0

24

40.0

40

66.6

20

33.3

3.

Sanforized

18

30.0

42

70

24

40.0

36

60.0

4.

Mercerized

8

13.3

26

86.6

12

20.0

48

80.0

Table 4 : Distribution of sample according to mass media information sources (N = 120).

S.

N.

Legal Laws

Males

Females

Yes

No

Yes

No

Frequency

%age

Frequency

%age

Frequency

%age

Frequency

%age

1.

Television

52

86.6

8

13.3

56

93.3

4

6.6

2.

Radio

38

63.3

22

36.3

34

56.6

26

43.3

3.

Newspapers

36

60.0

24

40.0

42

70.0

18

30.0

4.

Journals

20

33.3

40

66.6

22

36.6

38

63.3

5.

Magazines

34

56.6

26

43.3

42

70.0

18

30.0

H 0 : Sex Postulated to be Positive Co-relates Level of Awareness of Selected sample :

Level of awareness between males and females was tested by employing ‘t’ test. The results indicated that awareness level of both male and female respondents showed significant difference. Male respondents were significantly more aware than the female respondents. ‘t’ value – 3.40*. Thus, overall the findings gave an insight into the extent of consumer lack of awareness of many facts that are of much relevance for their own welfare.

Table 5 : Distribution of sample according to their awareness of consumer organization

S.

N.

Legal Laws

Males

Females

Yes

No

Yes

No

Frequency

%age

Frequency

%age

Frequency

%age

Frequency

%age

1.

Consumer organizations working in the area

48

80.0

12

20.0

32

53.3

28

46.6

2.

Interest in joining

24

40.0

36

60.0

16

26.6

44

73.3

FINDINGS

With reference to the above analysis it is inferred that :

1. Television was the main media for both the male and female respondents, which influenced their buying most.

2. There existed a significant difference between the awareness level of the male and female respondents regarding consumer terminology and consumer protection laws. Males were more aware about the popular consumer terminologies than females.

SUGGESTIONS AND ANNOTATION

• It may be recommended that Mass Media and educational institutions need play an effective role in consumer awakening and imparting information regarding organizations working for the consumer’s interest in their area.

• It is extremely imperative to encourage volunteers ; who are gallant, audacious and forthright, concerned in consumer protection movement.

• Organisations, NGO’s, institutions and agencies allied to consumer movements should hearten administrative advocacy in setting consumer disputes.

• Government should enter into theaters with various countries in order to ensure extra territorial operation of the act.

• Government should be pro active towards the cunning policies of MNCs to exploit the consumer.

• A heavy sum should be taken from the multinational companies in the form of security money at the time of their establishment and incorporation.

• Government should make efforts to create a consensus for ‘global consumer policy’.

• Administrative advocacy should be encouraged in order to reduce the burden of consumer redressal agencies.

REFERENCES

Anonymous : Consumer Guidance Society of Bombay. Keem at 5(3&4) : 2-3 (1976).

Bhatia, V : A Study of Homemaker’s Buying Behavious and Attitude Towards Certain Marketing Practices in the city Baroda. M.Sc. thesis (unpublished) M.S. University, Baroda (1973).

Bhatt R : Buying powers of urban poor and public distribution. Keem at, December 1 (977).

Gupta M. and Ogale, N : Educational needs of consumers regarding consumer protection laws. Journal of Research. H.A.U. Hissar, 18 (3) : 236-241 (1988).

John M. : Awareness of Consumer Responsibilities. M.Sc. thesis, (unpublished) M.S. University, Baroda (1974).

Parmeshwar, K.R. : Protect consumer against quality tricksters. Yojana 32 (5) : 29 -31 (1988).

Lemon Laws – Protecting Consumer Rights

July 13th, 2009 at 02:57am Under Consumer Law

Lemon Laws were established in 1978 as a way to ensure consumers have a voice if their car is not repaired properly or if the vehicle they have purchased is in constant need of repairs. Lemon laws protect the rights of the individual to drive a car that is safe and in good working condition.
Before any lemon law existed, consumers were left in the dark if their vehicle didn’t work properly or was always breaking down. Basically, you were at the mercy of the manufacturer or auto repair shop and had no real power to fight back. Oftentimes car owners were forced to continually pay for expensive repairs out of their own pocket – not something everyone could easily afford to do. Lemon laws, however, have changed all that.
In addition, constant repairs also meant missing work, or being forced to find other means of transportation while the car was in the shop. But lemon laws do more than just help the consumer. Lemon laws also make life easier for the manufacturer because it allows companies to learn from their mistakes, improve customer service, and have knowledge of any problems customers may be having with their cars. The lemon law can actually make the manufacturer aware of problems beforehand, in order to avoid a lawsuit.
The lemon law allows the consumer to contact the manufacturer if something is wrong with the vehicle so that the situation is remedied before things spiral out of control. The lemon law then allows the company to find out what the problem is and gives them a chance to make corrections. Once the consumer has allowed for such a resolution to occur, if the problem still isn’t solved, the lemon law makes it possible to seek legal recourse.
But an automobile lemon law is not necessarily straightforward. You can claim a vehicle only if it fits under certain requirements of the automobile lemon law. For instance, a basic requirement is that the dealer and manufacturer have been given a certain amount of time to make amends. However, to ensure everything is properly documented for the automobile lemon law, make sure you keep copies of all repairs and work orders. With an automobile lemon law, it’s always best to keep records. This is the only way to ensure you have the automobile lemon law working for you.
What about used cars? Is there a used car lemon law? The short answer is, “yes,” there is a used car lemon law put in place to protect the purchase of a used car, which can be infinitely more complicated. Of course, used cars can run into more problems than new vehicles, which is why the used car lemon law covers different issues. Purchasing from a used car dealer is not necessarily easy for the consumer, which is why the used car lemon law is so important. The used car lemon law protects you when you need it most.
It’s important to note that lemon laws can change from state to state. Laws in Texas, California, New York, and Florida may differ. Before you make any claims, do some research on the lemon laws in your state. The requirements for a claim in Texas may vary widely from those in California, New York, or Florida. The best thing you can do is become an informed consumer, and you will be protected.

La Quinta Business Lawyer’s Top Ten Things That Sarah Palin Would Change About the Constitution

July 13th, 2009 at 02:57am Under Constitutional Law

Here is La Quinta Business Lawyer Sebastian Gibson’s Top Ten:

1.The Vice President is in charge of the Senate.

 

2. The President must be a woman.

 

3. No more interviews of politicians.

 

4. The democratic party is outlawed.

 

5. Only one news channel – Fox News.

 

6. Any more fake calls from disc jockeys pretending to be the President of France and Canada is out of NAFTA, whatever those initials stand for in the constitution.

 

7. All turkeys are pardoned.

 

8. Snowmobiles should be used in place of cars throughout the U.S.

 

9. Anytime a woman is elected governor in Alaska, she automatically becomes the President two years later.

 

10. Rewrite the whole darn constitution with PTA moms in charge this time.

 

Now here is everything (well, almost everything) you need to know in businessabout environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words La Quinta business lawyer or La Quinta business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as La Quinta business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in La Quinta – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified La Quinta environmental attorney.

 

2. La Quinta International, Shipping and Maritime Law – A La Quinta international attorney with years of international legal education and experience such as you’ll find at our La Quinta law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a La Quinta international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between La Quinta international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. La Quinta Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a La Quinta election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. La Quinta Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a La Quinta consumer lawyer is immediately in order to avoid being scammed, or defrauded. A La Quinta consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a La Quinta consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in La Quinta – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a La Quinta constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Food and Wine Law, Hotel and Restaurant Law in La Quinta – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a La Quinta food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

7. La Quinta Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a La Quinta estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in La Quinta – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a La Quinta agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in La Quinta – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our La Quinta law firm stands ready to defend them

 

10. La Quinta Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our La Quinta personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in La Quinta, Palm Springs, Palm Desert, Coachella, Rancho Mirage, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our La Quinta law firm has the knowledge and resources to be your La Quinta Lawyers and your La Quinta Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in La Quinta or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a La Quinta attorney from our offices can assist you.