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.

Who Is Consumer?

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.

Not a Consumer?

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.

salient features of the Consumer Protection Act

● 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.

OBJECTIVES OF NEW STATUTE

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.

Effective safeguards

● 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

• To shape Consumers- Indian customers are not well-organised, and vendors exploit them easily.
• Impart Market Information- Most of the consumer is 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 restriction many organization follows monopoly practice and consumers gets influenced and should be protected.
• Malpractices- Company pursues biased 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.
• Education 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.

How to file a complaint

1. Within two years of purchasing the product or services, the complaint should be filed.
2. In the complaint, the consumer should mention the details of the problem. This can be an exchange or replacement of the product, compensation for mental or physical torture. However, the declaration needs to be reasonable.
3. All the relevant receipts, bills should be kept and attached to the complaint letter.
4. A written complaint should be then sent to the consumer forum via email, registered post, fax, or hand-delivered. Acknowledgement is important and should not be forgotten to receive.
5. The complaint can be in any preferred language.
6. The hiring of a lawyer is not required.
7. All the documents sent and received should be kept.

Unfair Trade Practices

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.

Importance of Consumer Protection:

Consumer Point of View:

• To shape Consumers- Indian customers are not well-organised, and vendors exploit them easily.
• Impart Market Information- Most of the consumer is 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 restriction many organization follows monopoly practice and consumers gets influenced and should be protected.
• Malpractices- Company pursues biased 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.
• Education 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.

CONSUMER RIGHTS

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.

Responsibilities of a consumer

Customer protection should be actively pursued by a responsible consumer. Consumer International, a global federation of consumer groups, has listed the following consumer obligations:

1. Critical awareness

• Should be vigilant and inquisitive about the products and services used.
• Not to be swayed by deceptive and misleading commercials that make exaggerated claims about items and services, but to critically assess the utility of the product or service, as well as the assurances and warranties that come with it.
• Examining items and making a service offer.
• Wherever such a choice is available, exercising choice based on an assessment of relative merits of products and services.
• Adopting a no-compromise approach when it comes to the quality of goods and services to ensure that the money spent is well spent.

2. Being prepared to act

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.

3. Social responsibility 

should be aware of how their consumption affects others, especially underprivileged groups, locally, nationally, and globally.

4. Environmental awareness 

To be aware of environmental degradation and contamination in order to avoid waste and maintain natural resource conservation.

5. Solidarity 

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.

Responsibility to be aware

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.

Responsibility to think independently

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.

Responsibility to speak up

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.

Responsibility to complain

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.

Responsibility to be an ethical consumer

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.

conclusion

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.