INTRODUCTION TO THE CONSUMER PROTECTION ACT
(To know the changes under Consumer Protection Act, 2019, Read the blog @ https://advocatetanwar.com/impact-of-newly-implemented-provisions-of-consumer-protection-act-2019/https://advocatetanwar.com/impact-of-newly-implemented-provisions-of-consumer-protection-act-2019/)
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Introduction
In simple terms, a consumer is the one who keeps in progress the economic cycle of the country. It is as important as that of the producer. If the production of goods is important, the consumption of goods is important too. It is one of the basic acts which tell us about the rights of the consumer.
For protecting the interest of consumers The Consumer Protection Act, 1986 was enacted. Consumer protection laws are a form of government regulation that aims to protect the rights of consumers.
It has the provision for the establishment of consumer councils and other authorities that help in the settlement of consumer disputes. If a consumer wants to avail the rights which are given to him and wants to know about the rights that are available to him or if he is a victim of mistreatment as a consumer and there is a delay in justice, he can take benefit under this act.
As per section 2(d) of the act, any individual who purchases products or services for his personal use is called a customer. But it does not include a person who purchases a product or avails a service for commercial purposes.
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Two Types of Protection Councils
The act also provides for protection councils and Redressal agencies. The protection council is of two types:
- Central Consumer Protection Council
- State Consumer Protection Council
Central Consumer Protection Council
The Central Consumer Protection Council are made to promote and protect the rights of the consumers; such as-
- the right to be protected against the marketing of goods and services which
are hazardous to life and property;
- the right to be informed about the quality, quantity, potency, purity,
Standard and price of goods or services, as the case may be so as to protect
the consumer against unfair trade practices;
- the right to be assured, wherever possible, access to a variety of goods and
services at competitive prices;
- The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums;
- The right to seek Redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
- The right to consumer education.
State Consumer Protection Council
The Objects of every State Council shall be to promote and protect within the state the rights of the consumers laid down in clauses (a) to (f) of section 6, as mentioned above.
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Right to be informed
The consumer has the right to have information about the quality, quantity, purity, standard, and price of goods and services. It is obtainable to a consumer to protect them against unfair trade practices. This right also includes the right to consumer education. A consumer has the right to acquire knowledge regarding the products which he is purchasing.
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Right to safety
The consumer has a right to protect himself from the marketing of goods and services which are hazardous to life and property. It is applicable to specific areas like pharmaceuticals and food processing.
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Right to be heard
The consumer has a right to be heard and to be assured that the consumer’s interests will receive consideration at appropriate forums.
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Right to redress
A consumer has a right the filing a complaint in appropriate forums. For this purpose three forums are there:
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District Forum
The District Forum shall have jurisdiction to entertain complaints where the value of goods or services and compensation, if any, claimed does one crore rupees.
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State Commission
The state commission will have jurisdiction to entertain complaints where the value of goods or services and compensation, if any, claimed exceeds one crore but does not exceed rupees 10 crores and appeals against the orders of any District Forum within the state.
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National Commission
The National Commission will have the jurisdictions to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees 10 crores and appeals against the orders of any State Commission;
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Right to basic needs
The consumer has the right to fulfill his basic needs of food, clothing, and shelter as life’s existence is impossible without them.
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Remedies under the Act
Depending on the facts and circumstances, the Redressal forums may issue orders for one or more of the following relief(s):
- Removal of defects from the goods
- Replacement of the goods
- Refund of the price paid
- Award of compensation for the loss or injury suffered
- Withdrawal of the hazardous goods from being offered for sale
- Award for adequate costs to parties
- Removal of defects or deficiencies in the services
By living in India, a consumer should feel empowered and to do so he should feel that if there is any circumstance in which he feels that his right is infringed, he can approach the appropriate authority. For the protection of rights of a consumer, their functioning and execution powers.
Especially in rural areas, consumers are being exploited because they don’t know about their rights as a consumer. Almost all the products have information behind them printed in English. The government should make sure that the information regarding the product should be printed in the Hindi language also so that people from rural areas can also read.
The government should conduct product testing facilities to test drugs, foods, cars, or any consumable products that are important to human life. A product that has the potential to put our lives in danger is to be marketed after adequate and complete verification as well as validation.
(To know the changes under Consumer Protection Act, 2019, Read the blog @ https://advocatetanwar.com/impact-of-newly-implemented-provisions-of-consumer-protection-act-2019/https://advocatetanwar.com/impact-of-newly-implemented-provisions-of-consumer-protection-act-2019/)