consumer protection

Get to know about the Consumer Protection Act in an elaborate way

Online Legal India LogoBy Online Legal India Published On 08 Jun 2024 Category Consumer Complaint

The Consumer Protection Act 2019 (as amended), is a law that protects and safeguards the rights of consumers in India. Let’s understand this with an example, suppose you bought a gadget from a shop and after buying that gadget if you feel that the gadget is not operational or has some defect, then you can seek compensation from the concerned Redressal forum. If you ever feel cheated after buying anything then there is a proper forum in which you can step in to get the proper solution for that. 

All these issues are governed and looked in through the Consumer Protection Act, of 2019. In this blog, we will look into all the aspects of the Consumer Protection Act.

To date many consumers are unaware of their rights, it is unfortunate but it's true. The main aim of the law is to make consumers aware of their rights and responsibilities. If they face any loss being a customer then they can seek a resolution of the inconvenience caused to them by the seller or the manufacturer of the goods or products.

First, let's understand what is Consumer Protection Act.

The Consumer Protection Act is a law that ensures the safety of consumers from getting cheated and ditched by any manufacturers and sellers. The aim of introducing this Act is to enable consumers to seek redress for any kind of unfair business practices, misrepresentation and fraud.

The Consumer Protection Act gives consumers certain rights. We will discuss those rights later in an elaborate way. Some of the rights included in the Consumer Protection Act are:

  • Right to have information about the product and services.
  • Right to safety on buying any product or service.
  • Right to seek compensation for harm caused by and defective service or product.

This Act also has some regulatory bodies to provide solutions to consumers who are facing difficulties with any kind of product or service. The regulatory bodies are:

  • District Consumer Forum
  • State Consumer Forum
  • National Consumer Forum.

Every forum that is mentioned above has its respective jurisdiction, in which they work. 

Now let’s see who Consumers according to Consumer Protection Act 1986 are:

In the Consumer Protection Act 2019, under sec 2(7) a consumer is anybody who buys or purchases any service or product from anyone in exchange for a consideration amount or promise of payment for themselves or to resell the products or services or for commercial uses. It also includes any transactions that are made through electronic mode, direct selling teleshopping etc.

What is the need for the Consumer Protection Act?

This Act plays a very vital role, in safeguarding the rights of consumers. This Act was introduced by the Indian legislature to deal; with matters that are related to violation of consumer's rights, misleading advertisements, unfair trade practices etc. 

As we mentioned above the forums execute the rights and interests of the consumers by settling disputes and through providing proper compensation toward the consumers. The forums also provide effective and speedy disposal of consumer complaints through alternate dispute resolution mechanisms. 

The Consumer Protection Act 2019, also makes consumers aware of their rights and responsibilities while availing of any product or service from any seller or manufacturer. 

Let's see the objectives of the Consumer Protection Act 2019:

The main and foremost objective of the Act is to protect the interests of the consumers. There are other aims also, some of them are:

  • Protection against the marketing of hazardous products that could affect life and property.
  • Provide consumers with information regarding the standard, purity, quantity, price, standard, and quality of goods to protect them from unfair trade practices.
  • Create concerned courts and councils for consumer protection to safeguard the interests and rights of consumers. 
  • Whenever feasible, the Consumer Protection Act 2019 guarantees that every consumer should have access to a good quality of goods at reasonable costs.
  • Consumer Protection Act provides compensation and recourse for unfair trade practices or misleading advertisements regarding any kind of services and products.
  • By regulatory authority to handle and resolve consumer disputes in a timely and adequate manner, the government can safeguard consumers.
  • Establish the sanctions for violations of the Act.
  • If a dispute or issue arises, listen to the concerns of the customers and make sure that they are taken into consideration in the proper and concerned forums.
  • To enable consumers to understand their rights, offer consumer education.

What are the unfair trade practices under the Consumer Protection Act 2019?

Manufacturing low-quality products and selling defective products and services to consumers.

  • Not providing authenticated bills to the customers after selling the product or the service.
  • Not refunding the consideration amount to the consumer and not taking the return of the defective and spurious goods and the products.
  • Disclosing personal information of the consumer to other people or in public.

Changes made in the Consumer Protection Act 2019:

Some changes have been made in the Consumer Protection Act 2019, they are:

  • The District Commissions will have jurisdiction over the complaints, in which the value of the goods is not exceeding Rs. 50 Lacs. 
  • The State Commissions will have jurisdiction over the complaints, in which the value of the goods starts from 50 lacs and does not exceed Rs. 2 Crores.
  • The National Commissions will have jurisdiction over the complaints, in which the value of the goods exceeds Rs. 2 Crores. 
  • The Consumer Protection Act 2019, entitles consumers to file their consumer complaints online, the Central Government has set up a portal, in which consumers can file their consumer complaints. The portal is known as the E-Dakhil Portal. The aim of this is to provide speedy and fair trials to the consumers.

Now let’s, look at the penalties that can be imposed while conducting any offences:

Punishment and penalties for misleading and false advertisements: Section 89 of the Consumer Protection Act 2019 states that if anyone advertises any misleading or false advertisement, the person shall be punished with imprisonment for a term that may extend up to two years and with fine- that may extend up to 10 lac rupees.

Punishment and penalties for manufacturing, distributing, and selling of products that contain adulterants: Under Section 90 of the Consumer Protection Act 2019 any person who manufactures, distributes or sells and product that contains adulterants shall be punished with imprisonment for a term that may extend up to lifetime imprisonment and with fine, that not less than 10 lac rupees.

Punishment and penalties for manufacturing, distributing, and selling spurious goods and products: Section 91 of the Consumer Protection Act 2019 states that any person who manufactures, distributes or sells any spurious product will be punished and penalized accordingly.

Conclusion: The Consumer Protection Act 2019, is an amended act of the Consumer Protection Act 1986, the law clearly states the rights and responsibilities of consumers. Till today many people in the country are not aware of their rights while buying a product or service. If you ever feel cheated by any seller or manufacturer and you don't know where to seek Redressal, you should connect to Online Legal India as they have vastly experienced Consumer Protection advocates. The advocates have catered to a lot of clients till now and most of the clients are satisfied with the services they got from Online Legal India.

 


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