Consumer Protection Act, 2019

The Consumer Protection Act of 2019 is a law that is made to protect customers' interests. Consumers are protected under this law from defective items, poor service, and unfair trade practices.

The Consumer Protection Act of 2019’s main goal is to protect customers' rights. It works by establishing authorities for the quick and effective management and resolution of consumer disputes.

Different Types Of Consumer Rights 

Right to Safety

It means the right to be protected against the marketing of products and services, which are hazardous to life and property. The purchased goods and services availed of shouldn't only meet their immediate needs, but also fulfil future interests.

Before purchasing, consumers should enforce the standard of the products along with the guarantee of the products and services. They should preferably purchase quality-marked products like ISI, AGMARK, etc.

Right to be informed

It is right to be told about the standard, price, purity, quantity, and potency of products. It is done so as to protect the buyer against unfair trade practices.

Consumers should assert on getting all the knowledge about the merchandise or service before making a choice or a choice . This may help them to act responsibly as well as act wisely and also prevent them from falling prey to high selling techniques.

Right to choose 

Means right to be assured, wherever possible of access to sort of goods and services at competitive price. And in case of monopolies, it means the right to be assured of satisfactory quality products and repair at a good price. 

It also takes into account the right to basic goods and services. This is often because unrestricted right of the minority to settle on can mean a denial for the bulk of its justifiable share. This right is often better exercised during a competitive market where a spread of products are available at competitive prices

Right to be Heard

This implies that the customer’s interests will be given due consideration at the appropriate forums. It also includes the right to be represented in various forums formed to think about the consumer's welfare.

The Consumers should form non-political and non-commercial consumer organisations which may be used to give representation in various committees formed by the government and other bodies in matters concerning consumers.

Right to seek redressal

This means the right to seek redressal against unfair trade practices or unfair exploitation of consumers. It also includes the right to fair settlement of the real grievances of the buyer .

Consumers must make complaints for his or her genuine grievances. Many times their complaint could also be of small value but its impact on the society as an entire could also be very large. They will also take the assistance of consumer organisations in seeking redressal of their grievances.

Right to Consumer Education

Means the right to accumulate the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is especially liable for their exploitation. They should know their rights and must know how to exercise them. Only then real consumer protection is often achieved successfully .

Under the Consumer Protection Act of 2019, who qualifies as a "Consumer"?

According to Section 2(7) of the 2019 Act, a consumer is anyone who buys things or receives services for a fee. It includes anyone who uses those services or items for the purpose of commercial or resale usage. According to the definition's explanation, "hires or avails any services"  and  "buys any goods"  encompassing all online transactions done through electronic means. As well as direct selling, teleshopping, and multi-level marketing. This legislation has added a special feature to online transactions. This was recently adopted in response to the rising e-commerce industry and technological advancements.

What does the 2019 Consumer Protection Act define as "unfair trade practices"? 

 Unfair trade practices are defined in Section 2(47) of the Consumer Protection Act of 2019. The term "unfair trade practices" has been extended to cover actions such as:

• Manufacturing or selling counterfeit items, or using deceptive business techniques to provide service,
• Not generating a suitable cash receipt or bill for services done and goods supplied,
• Refusing to withdraw, return, or terminate defective products and services and return the consideration received within the time stipulated in the bill, or within 30 days if the bill does not contain such a provision,
• Not exposing the consumer's personal information to anybody else in violation of the law

When can a customer file a complaint?

If a customer is unhappy with the product or service they can file a complaint in the consumer complaint forum. 

A consumer complaint must be filed with the Registry of this Commission within two years of the date on which the cause of action arose. As provided under Section 21(a)(i) of the Consumer Protection Act, in which the value of the goods or services and compensation, if any, claimed exceeds Rupees One Crore.

To conclude, filing a consumer complaint under the Consumer Protection Act can be a tedious process. Online Legal India can help you in making the process very easy and understandable. Contact us to get a detailed review of your case and solve your queries in an instant.