INTRODUCTION
Consumer Protection Act (CPA) is a law designed to protect the rights of consumers in India. It enacted in 1986 to provide a legal framework for safeguarding consumer interests against unfair trade practices and exploitation.
It provides a mechanism for redressal of consumer grievances through the establishment of consumer forums and commissions at different levels.
The act aims to promote fair competition, protect consumer interests, and ensure that consumers are able to make informed choices while purchasing goods and services.
MEANING OF THE WORD ‘CONSUMER’
A consumer is an individual or entity that purchases goods or services for personal use or consumption. In other words, a consumer is the end-user of a product or service.
Consumers can be individuals, households, businesses, or other organizations that purchase goods or services to fulfill their needs or wants.
Consumer behavior is a complex field of study that examines how consumers make purchasing decisions and how businesses can influence those decisions through marketing and advertising.
NEED OF THE CONSUMER PROTECTION ACT
The Consumer Protection Act needed to protect the rights of consumers and provide them with legal recourse against unfair trade practices and exploitation.
It promotes fair competition and transparency in the marketplace, and encourages businesses to provide quality goods and services to consumers. It helps to create a fair and just marketplace for consumers.
CONSUMER RIGHT UNDER CONSUMER PROTECTION ACT
The Consumer Protection Act (CPA) provides several rights to consumers, including:
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Right to Safety
Consumers have the right to be protected against goods and services that; may be hazardous to their health or safety.
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Right to Information
Consumers have the right to receive accurate and truthful information about the goods or services they are purchasing.
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Right to Choice
Consumers have the right to choose from a variety of goods and services at competitive prices.
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Right to be Heard
Consumers have the right to voice their grievances and seek redressal for any unfair trade practices or exploitation.
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Right to Consumer Education
Consumers have the right to be educated about their rights and responsibilities under the CPA.
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Right to Compensation
Consumers have the right to seek compensation for any losses or damages suffered due to defective goods or services.
Overall, the CPA aims to protect and promote the interests of consumers and ensure that; they are not exploited or misled by unscrupulous traders.
OFFENCE AND PENALTIES UNDER CONSUMER PROTECTION ACT , 2019
The Consumer Protection Act, 2019 has prescribed several offences and penalties to protect consumers against unfair trade practices and exploitation. Some of the offences and penalties are:
- Selling goods or services that are hazardous to health or safety – Imprisonment up to six months and/or fine up to five lakh rupees.
- Falsely representing goods or services – Imprisonment up to two years and/or fine up to ten lakh rupees.
- Charging excess price – Fine up to ten thousand rupees or up to the amount of price charged in excess, whichever is higher.
- Non-compliance with orders of consumer forums or commissions – Imprisonment up to three years and/or fine up to five lakh rupees.
- Manufacturing, storing, selling or distributing spurious goods – Imprisonment up to seven years and/or fine up to one crore rupees.
- Advertising goods or services in a manner that is false or misleading – Fine up to ten lakh rupees.
CONCLUSION
The Consumer Protection Act (CPA) is an important piece of legislation that aims to protect the rights and interests of consumers in India. It provides consumers with several rights and creates a mechanism for redressal of grievances.
The act has provisions for punishing traders and service providers who engage in unfair trade practices or exploitation of consumers.
The recent amendment of the CPA in 2019 has strengthened the act further, making it more comprehensive and effective. The act has played a significant role in promoting fair competition and creating a level playing field for consumers in the Indian marketplace.
Written By Advocate Associate Avichal singhal
Law Offices of Kr. Vivek Tanwar Advocate & Associates