Consumer Protection Acts

Know Consumer Protection Act to save yourself from being duped

Online Legal India LogoBy Nilanjan Maji Published On 15 Apr 2022 Category Consumer Complaint

The Consumer Protection Act, implemented in 1986, gives easy and fast compensation to consumer grievances. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufacturers practice any illegal trade, this act protects their rights as a consumer. The primary motivation of this forum is to bestow aid to both the parties and eliminate lengthy lawsuits.

This Protection Act covers all goods and services of all public, private, or cooperative sectors, except those exempted by the central government. The act provides a platform for a consumer where Consumers can file their complaint, and the forum takes action against the concerned supplier and compensation is granted to the consumer for the hassle he/she has encountered.

Who is a Consumer ?

Any one who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.

Consumer Rights and Responsibilities

The Rights of the Consumer

  • Right to Safety- Before buying, a consumer can insist on the quality and guarantee of the goods. They should ideally purchase a certified product like ISI or AGMARK.
  • Right to Choose- Consumers should have the right to choose from a variety of goods and at a competitive price.
  • Right to be informed- The buyers should be informed with all the necessary details of the product, make her/him act wise, and change the buying decision.
  • Right to Consumer Education- Consumer should be aware of his/her rights and avoid exploitation. Ignorance can cost them more.
  • Right to be heard- This means the consumer will get due attention to express their grievances at a suitable forum.
  • Right to seek compensation- The defines that the consumer has the right to seek redress against unfair and inhumane practices or exploitation of the consumer.

The Responsibilities of the Consumer

  • Responsibility to be aware – A consumer has to be mindful of the safety and quality of products and services before purchasing.
  • Responsibility to think independently– Consumers should be well concerned about what they want and need and therefore make independent choices.
  • Responsibility to speak out- Buyer should be fearless to speak out their grievances and tell traders what they exactly want
  • Responsibility to complain- It is the consumer’s responsibility to express and file a complaint about their dissatisfaction with goods or services in a sincere and fair manner.
  • Responsibility to be an Ethical Consumer- They should be fair and not engage themselves with any deceptive practice.

 

Consumer Protection Act 1986

Consumer Protection Act provides Consumer Rights to prevent consumers from fraud or specified unfair practices. These rights ensure that consumers can make better choices in the marketplace and get help with complaints.

 Right to Safety :

  • Meaning: Consumers have the right to be protected against products and services which are hazardous to health, life and property.

 

  • The requirement from products and services: Quality, Quantity, Reliability and Performance should be assured in the products and services provided by sellers.

 

  • Example: Electrical appliances without ISI mark may cause serious injuries. While offering iron into the market, the uses of iron should be mentioned with that product.

The other five Consumer Protection Rights are as follows

  • Right to Get Information

This is an act to give for setting out the practical management of Right to information for citizens to acquire the data under control of public jurisdictions, in order to develop clarity and responsibility in the working of every public authority, the organisation of a central information Commission and State Information.

  • Right to Choose

 The meaning of Right to Choose as per the Consumer Protection Act 1986 is ‘the right to be assured, wherever possible, to have access to a variety of goods and services at competitive prices’.

  • Right to be Heard

This right says that the complaints of customers should be understood by the seller. And it also allows them to be heard before the sessions and consumer panels. Right to be heard is one of the rights granted to consumers by the consumer protection act.

  • Right to Seek redressal

 Right to seek redressal against illegal trade systems or unfair exploitation of consumers. It also involves the right to a reasonable settlement of the legitimate complaints of the consumer. They should be well aware of their rights and must execute them.

  • Right to Consumer Education

 The right to obtain the knowledge and skill to be an acquainted consumer throughout life. Ignorance of consumers, especially of rural consumers, is chiefly accountable for their exploitation. They should be well aware of their rights and must execute them.

New Rights Of Consumers Under Consumer Protection Act, 2019

The new consumer protection laws are passed with the objective of providing faster consumer dispute settlement mechanisms, protecting additional rights of consumers and making the process of consumer complaint filing simpler. In order to expand the scope of the laws and match the complex rights and interests in the current e-commerce driven economy, the following have been included under the ambit of the Act The new Consumer Protection Act, 2019 has introduced several things to expand the scope of seller’s liability and increase the protection of consumers. Under the latest consumer protection laws, the following rights have been added in addition to the 6 rights of consumers in India: 

  1. Right to file a consumer complaint anywhere: The new consumer protection laws allow the consumers to file a consumer complaint in any District or State consumer court. Only the pecuniary jurisdiction of the court will matter when filing a consumer complaint in India.
  2. Right to get compensation for Product Liability: A consumer complaint can be filed by a consumer against a manufacturer/seller/service provider for claiming compensation for any loss or damage caused due to any deficiency in the product or service. Consumers have the right to file a complaint in consumer court if there is a manufacturing defect, or the goods do not conform to the warranty given by the manufacturer/seller/service provider.
  3. Right to present case via Video Conferencing: Consumers now have the right to present their cases before the District Consumer Dispute Redressal Commission via video conferencing. The option is available when the complaint is filed with the consumer court through video conference as well. 
  4. Right to file a complaint against unfair contract: Consumers can also file a complaint against sellers or service providers regarding any unfair or one-sided contract that favours sellers or service providers and impacts the rights of consumers.
  5. Right to know the reason for complaint rejection: Under the new Consumer Protection Act, 2019, the consumers have the right to know the reason for which their complaint is rejected by the commission. The commission also has to admit or reject a consumer complaint within 21 days from the date it was filed by the consumer and cannot reject the complaint without hearing the complainant once. 

Importance of Consumer Protection Act 2019 as amended

  • To shape Consumers- Indian customers are not well-organised, and vendors exploit them easily.
  • Impart Market Information- Most of the consumers are clueless, and have no information about the product they are buying and this might cause them losses.
  • Physical Safety- Some products are adulterated and can hamper consumer health. So, they need to be protected.
  • Avert Monopoly- Irrespective of different restrictions many organisations follow monopoly practice and consumers get influenced and should be protected.
  • Malpractices- Company pursues biassed trade practices, and unlawful trade practices and this protection plays a crucial role.
  • Misleading advertisement- Many enterprises intentionally trick consumers through incorrect or deceptive advertisements. This act will shield consumers from getting exploited.
  • Educate Consumers about their Basic Rights- Most consumers ignore or do not know about their rights. The Consumer Protect Act educates them and secures their rights and interests.

Conclusion

The Consumer Protection Act 2019 (As amended) covers all goods and services of all public, private, or cooperative sectors, except those exempted by the central government. The Consumer Protection Act 2019 ensures that every consumer should get equal rights to the items.

 


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