Have you ever felt helpless and frustrated after purchasing a defective product or receiving substandard service? You’re not alone. The Consumer Protection Act, 2019, serves as a ray of hope for countless individuals navigating the complexities of consumer transactions in today’s era.
Enacted on August 9, 2019, and effective from July 20, 2020, this Act marks a significant milestone in the evolution of consumer rights in India, addressing the contemporary challenges posed by e-commerce, online dealings and other modern consumer interactions. By replacing the outdated Consumer Protection Act of 1986, the 2019 Act introduced progressive provisions aimed at reinforcing consumer rights and establishing efficient mechanisms for the redressal of grievances.
History and Evolution
The journey to the Consumer Protection Act, 2019, is a testament to the evolving landscape of consumer rights in India. Before the introduction of consumer protection laws in India, various statutes contained provisions to address consumer concerns, such as the Sale of Goods Act, 1930,[1] The Prevention of Food Adulteration Act, 1954[2] and Monopolies and Restrictive Trade Practices Act, 1969[3] played a role in protecting consumer interests and providing avenues for grievance redressal.
The enactment of the Consumer Protection Act, 1986, marked a significant milestone in India’s consumer protection journey. This legislation consolidated and strengthened consumer rights, providing a framework to address unfair trade practices, hazardous products and other consumer grievances. Subsequent amendments in 1991, 1993 and finally in 2019, aimed to enhance the effectiveness of consumer protection measures.
Key Consumer Rights under the Consumer Protection Act, 2019 [4]
The Consumer Protection Act, 2019 highlights several key rights for consumers, empowering them to make informed choices, seek redressal for grievances and ensure fair treatment. These rights are stated below:
1. Right to Safety
The “Right to Safety” is a fundamental aspect of the Consumer Protection Act, 2019, aiming to protect consumers from hazardous products and services, ensuring safety in market transactions.
It consolidates existing safety norms from various statutes, such as the “Food Safety and Standards Act, 2006,” into a holistic consumer safety framework.
This right mandates that goods and services should not endanger consumer health, safety, or life. In instances of non-compliance, consumers are empowered to seek redressal and hold manufacturers and service providers accountable to maintain and adhere to established safety and health regulations.
2. Right to be Informed
The “Right to be Informed,” as detailed under the Consumer Protection Act, 2019, showcases the importance of consumer access to essential information, enabling informed choices while purchasing goods or services. This right ensures that consumers are provided with the facts necessary to make informed decisions and to protect themselves against abusive practices.
Under this right, consumers are entitled to information related to the quality, quantity, potency, purity, standard and price of goods or services. This information helps in protecting the consumer from unfair trade practices and misleading advertisements. The Act mandates that the details provided should be accurate and complete, covering all aspects necessary for a consumer to compare and make an informed decision.
The Central Authority empowered by the act can impose penalties on manufacturers or sellers up to Rs10 Lakhs for misleading advertisements, with subsequent offences potentially resulting in higher penalties and longer imprisonment terms.
3. Right to Choose
The “Right to Choose,” ensures that consumers have the freedom to select from various products and services at competitive prices. This right asserts that consumers should have access to a range of options and not be coerced or restricted to a limited selection due to unfair trade practices.
The Act aims to safeguard this right by prohibiting anti-competitive practices that limit consumer choices or lead to a monopoly that restricts free selection in the marketplace. The act aims to protect the interests of consumers by ensuring freedom of trade and preventing anti-competitive activities. Today, various sectors essential for consumers, such as electronics and apparel, demonstrate the absence of monopolies, offering consumers a wide range of choices and options.
4. Right to be Heard
The “Right to be Heard” ensures that consumers’ opinions and complaints are given due consideration at appropriate forums, such as consumer courts and regulatory bodies.
Under the Consumer Protection Act, 2019, the “Right to be Heard” empowers consumers to file complaints and seek redressal against unfair trade practices, defective goods or deficiency in services.
Under the provisions of the act, dispute redressal commissions are established at the district, state and national levels, as outlined in sections 28, 42, and 53 of the Consumer Protection Act, 2019 respectively. It ensures that consumer complaints are not only acknowledged but are also adjudicated in a time-bound and effective manner.
5. Right to Seek Redressal
The “Right to Seek Redressal,” grants consumers the authority to seek solutions and compensations for grievances arising from unfair trade practices, deficiencies in services or defects in goods. This right is foundational to ensuring justice for consumers who have been wronged or misled in the marketplace.
Under the Act, this right provides consumers with access to a structured and efficient system for the resolution of their complaints through the establishment of Consumer Disputes Redressal Commissions at the district, state and national levels. These commissions are tasked with addressing consumer grievances in a timely and effective manner, ensuring that consumers receive fair compensation for their losses and hardships.
Consumers can file a complaint regarding various issues such as product defects, non-delivery of services, misleading advertisements or overcharging. The process for filing complaints has been made more accessible and consumer-friendly, including provisions for electronic filing and hearing, reflecting the digitization of consumer markets.
The Consumer Protection Act, 2019, also introduces a unique element through the establishment of the Central Consumer Protection Authority (CCPA) under Section 10, which can take suo motu actions in matters involving consumer rights violations affecting the public at large.
6. Right to Consumer Awareness
The “Right to Consumer Awareness,” underlines the importance of educating consumers about their rights and responsibilities within the marketplace. This right is foundational to ensuring that consumers are well-informed and equipped to make empowered decisions regarding their purchases and the services they utilize.
This right mandates that consumers should have access to necessary information that helps them to act wisely and change their market behaviour accordingly. It is about ensuring that consumers are aware of their rights and the remedies available to them in case of a dispute or grievance.
The Consumer Protection Act, 2019 aims to promote consumer awareness through various means, including educational programs, awareness campaigns and access to consumer-related information. The goal is to foster an environment where consumers are educated about their rights, such as the right to be informed, the right to choose, the right to safety, the right to be heard and the right to seek redressal.
Frequently Asked Questions
What are the key consumer rights protected under the Consumer Protection Act, 2019?
The rights of the Consumer Protection Act are given hereunder:
- Right to Safety
- Right to be Informed
- Right to Choose
- Right to be heard
- Right to seek Redressal
- Right to Consumer Awareness
How does the Consumer Protection Act, 2019, ensure the safety of consumers?
The Consumer Protection Act, 2019, ensures the safety of consumers through various provisions aimed at regulating the quality and safety of goods and services. It empowers the Central Consumer Protection Authority (CCPA) to regulate matters related to the violation of consumer rights, unfair trade practices and false or misleading advertisements prejudicial to consumer interests. The Act mandates strict penalties for manufacturers and sellers found guilty of selling defective or hazardous products.
What options do consumers have if they are not satisfied with a product or service under the 2019 Act?
Under the Consumer Protection Act, 2019, consumers have several options if they are dissatisfied with a product or service. They can file a complaint with the appropriate Consumer Dispute Redressal Commission based on the value of the dispute and the jurisdiction. Consumers can seek remedies such as compensation, refund, or replacement of the product/service. Additionally, consumers can approach the Central Consumer Protection Authority (CCPA) for matters related to unfair trade practices, misleading advertisements, or violations of consumer rights.
What role do Consumer Protection Councils play under the new Act?
Consumer Protection Councils play a crucial role under the new Consumer Protection Act by facilitating consumer rights advocacy, grievance redressal and consumer awareness initiatives. These councils operate at the district, state, and national levels, serving as platforms for addressing consumer issues, raising awareness about consumer rights and promoting fair trade practices. They collaborate with consumer dispute redressal commissions to ensure timely resolution of grievances and coordinate with government agencies to enforce consumer protection laws.
Are online transactions and e-commerce platforms covered under the Consumer Protection Act, 2019?
Yes, online transactions and e-commerce platforms are covered under the Consumer Protection Act, 2019. Section 2(16) of the Act defines a consumer to include any person who buys goods or services through offline or online transactions, electronic means, teleshopping, direct selling,or multi-level marketing. This inclusion ensures that consumers engaging in digital commerce are protected under the Act.
Conclusion
The enactment of the Consumer Protection Act, 2019 represents a significant milestone in India’s efforts to safeguard consumer interests and rights. This comprehensive legislation not only consolidates and strengthens consumer rights but also establishes robust mechanisms for redressal. Understanding and exercising your rights under the Consumer Protection Act, 2019 is paramount in ensuring that you are adequately protected from unfair trade practices and exploitation.
Empower Your Consumer Rights with Expert Support
When faced with complex legal issues or disputes concerning consumer rights, seeking legal advice from experts in consumer protection laws can provide invaluable support and guidance. ACM Legal specializes in navigating the intricacies of consumer protection legislation, offering expert counsel and representation to individuals seeking to assert their rights effectively.
