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Tag: Consumer protection act

Consumer Protection Act

Who Is Consumer?

Buys any product, Uses a product with the approval of its buyer, Hires any service. Such a person as above is called a consumer. It must be noted that the size of the product or the amount of money paid for the purchase is irrelevant. So, a consumer case can be filed in connection with purchase of a pen as well as for purchase of a penthouse and also includes offline or online transaction through electronic means or by Tele shopping/Direct-selling/multi-level

Who is NOT a Consumer?

The person who Obtain Goods or Services for Free. Obtain Goods or Services for the purpose of Resale (Means of Commercial purpose). But person of Goods bought and used by him exclusively for the purpose of earning his livelihood by means of self-employment is a CONSUMER Under the new Act, “consumer” is defined as a person who “buys any goods” and “hires or avails of any service” for consideration but does not include a person who obtains goods for resale or any commercial purpose.

Salient features of Consumer Protection Act

● Coverage of items : This act is applicable on 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

● 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 co operative societies etc. .

● It is compensatory in nature . .

● A three tier system of redressal forums have been created like District forum , State Commission and the National Commission

● E-Filing of Complaints.

Need for the Consumer Protection Act, 2019

The Indian government passed the Consumer Protection Act, 2019 to address issues connected to consumer rights violations, unfair business practices, deceptive advertising, and other situations that are detrimental to consumers’ rights. Due to the advancement of technology and the significant rise in the purchasing and selling of products and services online over the past several years, the Parliament intended the Act to include provisions for e-consumers..

By establishing Consumer Protection Councils to resolve disputes should they occur and to give adequate compensation to consumers in the event that their rights have been violated, the Act aims to better protect the rights and interests of consumers. Additionally, it offers quick and efficient handling of customer concerns through alternative dispute resolution procedures. The Act also encourages consumer education to inform consumers of their rights, obligations, and options for resolving complaints.

Objective of the Consumer Protection Act, 2019

The Act’s primary goals are to safeguard consumer interests and create a reliable, effective procedure for resolving consumer complaints. the following:

  1. Defend against the promotion of goods that pose a risk to property and human life.

2. To protect consumers from unfair business practises, provide information about the potency, amount, standard, purity, and pricing of the items.

3. Create Consumer Protection Councils to safeguard customers’ rights and interests.

4. Whenever feasible, guarantee that customers may access a trusted source for affordable goods.

5. Investigate and seek remedies for any unethical business activities or consumer exploitation.

6. By selecting authorities for the prompt and adequate administration and resolution of consumer issues, you may protect consumers.

7. Specify the punishments for violations of the Act.

8. In the event that an issue or dispute emerges, listen to the consumer’s welfare concerns and make sure they are taken into consideration in the proper forums.

9. Provide consumers consumer education so they can understand their rights.

10. Provide quick and efficient handling of customer concerns through alternative dispute resolution procedures.