Consumer rights | Consumer Protection Act 2019
“LET THE BUYER BEWARE”
Everyone in the world is a consumer. Every Consumer has some rights. Consumer’s power is in the Consumer protection Act,1986. But now the consumer protection Act 1986 was replaced by the Consumer Protection Act 2019. The parliament has passed the Consumer protection bill on 6th August,2019.
Comparison Chart:
1) Consumer Protection Act 1986: There was no separate regulator. Consumer Protection Act 2019: There is an establishment of Central Consumer Protection Authority.
2) Consumer Protection Act 1986: Complaint be filed where the defendant resides or works
Consumer Protection Act 2019: Complaint be filed where the complainant lives or works.
3) Consumer Protection Act 1986:
Pecuniary Jurisdiction
District Consumer Forum up to 20 lakhs
State Consumer Forum 20 lakh to 1crore
National Consumer Forum above one crore
Consumer Protection Act 2019: Pecuniary Jurisdiction
District Consumer Forum up to 1 crore
State Consumer forum one crore to 10 crores
National consumer forum above ten crores
4) Consumer Protection Act 1986: There was no such provision.
Consumer Protection Act 2019: Court can refer the dispute for settlement through mediation.
5) Consumer Protection Act 1986: There was no provision.
Consumer Protection Act 2019: Rules of direct selling extended to E-commerce
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Objectives of the Consumer Protection Act, 2019:
To save the rights of the consumers
To settle Consumer dispute
To establish an effective administration
Definition of Consumer
A Person is a Customer who uses the services and buys some good for self-use. Please note that if a person buys any good and makes use of any service for resale or commercial purposes, that person is not considered a customer. This definition encompasses all forms of online and offline transactions.
Situations to exploit consumers
1. Underweight /under measurement
2.Sub-standard quality
3.High prices
4.Adulteration and impurity
5.Lack of safety devices
6.Duplicate article
7.Artificial Scarcity
8.False and incomplete information
9 Unsatisfactory survive
10.Rough behavior
11.Undue Condition
Rights of Consumer:
Right to safety: Every person should take precaution regarding goods and services which are hazardous to life and property.
Right to be heard: Every Consumer is the right to put their complaint in front of the concerned authority.
Right to Seek readdress: Every Consumer is the right to seek redress against;
Unfair trade practice
Misleading advertisement
Violation of consumer rights
Right to be informed: Every Consumer can exercise their right to have information about the quality, quantity, standard and price of the goods and services.
Right to choose: Every consumer has the right to select products and services at a competitive price.
Right to consumer Education: Every Consumer is the right to access informational programs and materials. It will help them to take a right decision.
There are five additional consumer rights:
Right to file a complaint
A Consumer can file a complaint online by paying the required fees.
Right to seek compensation under product liability
The case of manufacturing product defect, the manufacturer and the seller should be held responsible. It also covers e-commerce.
Right to know rejection of complaint
The Consumer will know about the status of the claim proper in time. The Commission will take time to decide the admission /rejection of the charge.
Right to seek a hearing using video conference
The Commission can allow the trail of claim through video conferences on the request of the Consumer.
Right to protect the Consumer as a class
CCPA can take class action if there is a violation of interest consumers as a class.
Obligation of Consumers
- They must be aware of their rights and exercise it in case of need.
2. They have to act as prudent consumers.
3. They can file a complaint when the product is not satisfactory.
4. They should always ask for a cash memo.
5. The Consumer has to check standard marks for product quality.
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Hierarchy of consumer redressal commission:
1. Central Consumer Protection Authority (CCPA)
This authority has an investigation department to investigate cases related to:
·Unfair trade practice
· Misleading advertisement
· Violation of consumer rights
The decision of CCPA aggrieves consumer he can file a direct appeal to national dispute consumer redressal under section 24 of the consumer protection Act,2019.
2. Consumer Mediation Cell
A consumer mediation cell is attached to District, State, and National Commission. They have to submit a quarterly report to the commissions as specifies by the Act.
3. Consumer Awareness Program: JagoGrahakJago
The Ministry of consumer affairs started a program,JagoGrahekJago. The main objective of this program is:
To make the Consumer aware
To make the Consumer empower
To help the Consumer
Courses offered:
- Certificate in Consumer Protection
Duration: One month
Eligibility: 10+2
2.Diploma in Consumer Protection
Duration: Six months
Eligibility: Graduation
Career:
Independent Advocate- The Candidate can do litigation by taking a specialization in the concerned Law.
Consumer Affairs Department- The Candidate can opt for government jo as well in the consumer affairs department.
Consumer Cooperative — The Candidate can become a member of consumer cooperative
NGO — The Candidate can work with an NGO to spread consumer awareness amongst the people.
In the world of digitization, the consumer protection Act,2019, allows better protection of consumer rights. This Act deals with the technical advancement in the industry, makes grievance easier to file,and strict liability on business. Consumers awareness can be successful only with the active participation of the consumers. It involves a joint effort of Consumer and commissions to fight against the violation of Consumer rights.
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