The Consumer Protection Act, 1986 has been replaced by Consumer Protection Act, 2019 but the rights remain almost the same.
Purpose:
To protect and promote the consumers’ interest through speedy and inexpensive redressal of their grievances.
Scope of Consumer Protection Act, 2019
- Very wide scope, Educating consumers, redressal of grievances, protecting their interests.
- Applicable to all types of business.
- Covers goods as well as services.
- Extends to whole of India.
- Includes offline as well as online transactions.
Special Points
Toll Free National Consumer Helpline Number 18001140000.
The act provides for a central authority called Central Consumer Protection Authority (CCPA) to regulate matters relating to consumer.
Setting up of Consumer Mediation Cell, a special Provision made by Consumer Protection Act, 2019 to ensure faster and speedy disputes redressal by respective commissions.
Consumer Rights
The CPA, 2019 confers certain rights to consumers to empower them and protect their interests.
1. Right to Safety
The consumer has a right to be protected against goods & services which are hazardous to life & health. Thus, consumers are to be educated so that they should use ISI marked electric appliances.
2. Right to be Informed
The consumer has full right to have complete information about the product he wishes to buy including its ingredients, date of manufacture, price, quantity, directions for use, etc. So, the manufactures must provide such information on the package and label of the product.
3. Right to be Assured
The consumer has the freedom to access variety of products at competitive prices. It means that the marketers should offer a wide variety of products in terms of quality, brand, prices, size, etc. and allow the consumer to make a free choice.
4. Right to be Heard
The consumer has a right to file a complaint & to be heard in case of dissatisfaction with a good or service.
5. Right to Seek Redressal
The consumer has a right to get relief in case the product falls short of his expectations. The Consumer Protection Act, 2019 provides a number of reliefs to consumers like replacement, removal of a product etc.
6. Right to Consumer Education
The consumer has a right to acquire knowledge and to be a well-informed consumer throughout life. He should be aware about his rights & the reliefs available to him in case of a product falling short of his expectations.
Three tier machinery under Consumer Protection act, 2019
The Consumer protection Act, 2019 makes available the three tier machinery available to protect the consumers and empower them.
1. District Forum
The District Forum is set up by the State Government concerned.
A complaint can be made to the appropriate District Forum when the value of goods or services in question, paid as compensation, upto ₹1 crore
If either on the 1st hearing or at any later stage it appears to district commission that settlement can be done by mediation by their consent, it can be done within 5 days. In case of failure of settlement by mediation case is proceeded with the complaint.
In case the defect in goods cannot be determined Commission can ask for sample or evidence in case of deficiency in service.
In case any of the parties is not satisfied with the order of the District Forum, he can appeal before the State Commission within 45 days of passing of the order.
2. State Commission
Each State Commission is set up by the State Government concerned.
A complaint can be made to the appropriate State Commission when the value of goods or services in question, paid as compensation ₹1 crore to ₹10 crores.
The appeals against the orders of District Forum can also be filed before the State Commission.
In case any of the parties is not satisfied then he can appeal to National Commission before 30days of passing of the order.
3. National Commission
The National Commission is set up by the Central Govt.
A complaint can be made to the National Commission when the value of goods or services in question, paid as compensation is more than ₹10 crores.
If any of the parties are not satisfied, an appeal against such order can be made to the Supreme Court of India within a period of 30 days of such order.
It is important that, Every order passed by any of the consumer forums at three levels, is deemed final if no appeal for such order is made by any of the parties involved in dispute.
Relief Available:
Order can be made by the commissions:
- To remove the defect
- To replace
- To refund the price
- To pay a compensation
- To pay punitive damages
- To discontinue the unfair/restrictive trade practice
- Not to offer hazardous goods for sale.
- To withdraw the hazardous goods from sale.
- To cease manufacture of hazardous goods.
- To compensate for any loss or injury suffered by consumer
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