The Consumer Protection Act, 2019 (the Act) received the President’s assent on 9 August 2019 which has replaced the Consumer Protection Act, of 1986.
Buys any item, employs any service, uses a product with the buyer’s consent. A consumer is someone like the individual described above. It should be emphasised that neither the size of the item nor the price at which it was purchased are important. Therefore, a consumer case may be brought over the purchase of both a pen and a penthouse, as well as any offline or online transactions made using electronic devices, direct marketing, multi-level marketing, or teleshopping.
The individual who receives goods or services without payment. Purchase items or services with the intent to resell them (Means of Commercial purpose). However, a person who purchases and uses goods solely to support himself through self-employment is referred to as a CONSUMER. A person is considered a “consumer” under the new Act if they “purchase any goods” and “hire or avail of any service” in exchange for money, but they are not considered consumers if they acquire things for resale or any other business purpose.
The Act seeks to widen the scope of this definition, Thus, a consumer will now mean any person who “buys any goods” and “hires any services” which shall include both online and offline transactions through electronic mode.. teleshopping, direct selling, or multi-level marketing.
● Coverage of items: This act is applicable to all products and services.
● Coverage of sector: This act is applicable to all areas whether private, public, or cooperative
● Compensatory nature of provisions as it compensates the consumer for the losses.
● Group of consumer’s rights.
Ease the overall process of the consumer grievance redressal system.
A better mechanism to dispose of consumer complaints in a speedy manner.
Help in the disposal of a large number of pending cases in consumer courts across the nation.
● It is applicable to all types of goods and services unless specifically exempted by the Central Government.
● The ambit of the Act covers all the sectors like public, private or cooperative societies, etc.
● It is compensatory in nature.
● A three-tier system of redressal forums has been created like District Forum, State Commission, and the National Commission
● E-Filing of Complaints
The New Act contains a clear, inclusive definition of unfair trade practises that, unless otherwise permitted by other laws, also covers sharing of personally identifiable information provided by customers in trust. introducing mediation as a means of resolving consumer complaints. The New Act makes mediation available as an ADR option, streamlining and expediting the dispute resolution process. This will facilitate quicker dispute resolution and ease the burden on consumer commissioners. Liability for Products Chapter VI of the New Act, which addresses product liability, is now available. These stringent liability-based clauses will make it possible for the complainant to seek compensation for damages brought on by subpar goods or services.
Consumer Point of View:
Consumer rights is an insight into what rights consumer holds when it comes to the seller who provides the goods:
Right to Safety:It refers to the right to protection from the marketing of products and services that pose a risk to property or human life. Customers should demand before making a purchase on the products’ quality as well as its guarantee..
Right to be Informed: It refers to the right to information regarding the calibre, amount, potency, purity, standard, and cost of products in order to safeguard the customer against deceptive business practises..
Right to Choose: It refers to the right to be, wherever possible, ensured of access to a variety of goods and services at a reasonable cost. In a competitive market when a range of items are offered at competitive prices, this right can be better exercised.
Right to be Heard: It means that consumers’ interests will receive due consideration at appropriate forums. It also includes the right to be represented in various forums formed to consider the consumer’s welfare.
Right to Seek Redressal: It means the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer.
Right to Consumer Education: It means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation.
Customer protection should be actively pursued by a responsible consumer. Consumer International, a global federation of consumer groups, has listed the following consumer obligations:
One must be prepared to take action to enforce fair and just demands if they are to be enforced in order to raise one’s voice in protest against any form of consumer exploitation by trade and industry or any violation of their right to fair and just demands regarding the calibre of goods and services.
should be aware of how their consumption affects others, especially underprivileged groups, locally, nationally, and globally.
To be aware of environmental degradation and contamination in order to avoid waste and maintain natural resource conservation.
being ready to band together and work together to advance consumer movement and consumer protection measures through internet collaboration, campaigning, and advocacy programmes on a range of consumer concerns.
Before purchasing goods and services, consumers have a duty to research their safety and quality. Every consumer has a duty to obtain and hold onto the proof of purchase and other paperwork associated with the purchase of durable goods. For instance, obtaining a cash memo for a purchase of goods is important since the proof of purchase will help you to support your demand for the products’ repair or replacement if you need to file a complaint about product flaws. The warranty/guaranteed cards that retailers provide for long-lasting consumer goods like televisions and refrigerators should also be carefully stored for future use. The cards also give you access to free servicing for repairs and part replacements for a predetermined time after purchase.
Consumers should be concerned with what they want and need and should be able to make decisions on their own as a result. For knowledge and decision-making, it is typically ideal for a customer to rely as little as possible on the vendor. As a consumer, it is your duty to prevent yourself against being duped by exercising caution. A knowledgeable customer is always better able to protect their own interests than anyone else. Furthermore, it is always better to be prepared than it is to wait until something bad has happened before seeking therapy.
It’s important for buyers to be open about their issues and make clear what they want from sellers. One of your core legal rights is to speak up and defend yourself if you think a business, group, or seller has wronged you. This is ethical decision-making meant to safeguard other clients from the misbehavior of the same business. If you feel that you have been treated unfairly, you can usually contact a complaint department at a company.
It is the duty of the customer to express and file a serious and reasonable complaint about their dissatisfaction with products or services. Consumers are also reminded to keep in mind that they shouldn’t make claims that are unreasonably huge when they file complaints and ask for reimbursement for loss or harm. Consumers are regularly compelled to exercise their legal right to legal recourse. Consumers have occasionally asked for big quantities of money for no apparent reason. This is regarded as being careless behaviour that ought to be avoided.
Consumers should act honestly and refrain from using any deceptive tactics. Some customers misuse the product, especially when it is still under warranty, because they think they will be able to get it fixed at that time. They are not treated fairly in this predicament. They should constantly use the products properly.
In addition to the duties mentioned above, customers also have a few more obligations. They are required to abide by the conditions of the contracts made with producers, traders, and service providers. They should pay on promptly for items made with credit. They must not tamper with equipment used for services, such as water and electricity meters, bus and train seats, etc. They should remember that only if they are prepared to take responsibility can they exercise their rights.
The Indian government passed the Consumer Protection Act, 2019 to address issues connected to consumer rights violations, unfair business practises, deceptive advertising, and other situations that are detrimental to consumers’ rights. The Consumer Protection Act, 2019, is a revised piece of legislation that grants customers a wide range of advantages and rights to safeguard them against unfair business practises, false or misleading advertising, etc. The Act gives customers the option to use mediation and other alternative dispute resolution processes so that the parties can choose a quick and efficient resolution of their issues. The Act’s inclusion of e-complaints and e-consumers shows that certain members of the legislature were forward-thinking. Additionally, the Act added new concepts like “product responsibility” and “unfair contracts,” broadening the extent of protection for consumers’ rights and enabling them to complain when those rights have been infringed.
