India observes the National Consumer Rights day every year on December 24th. So are you really aware as a consumer? Do you know that you have the right to be heard, to be informed, to be protected, to be assured, moreover to seek redressal? If not, then you should know today. In this article, you will know about the enactment of Consumer Protection acts that safeguard the consumers.
Who is a consumer?
A person who buys any goods or services for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment also includes the user with approval of such goods or beneficiary of services.
As per Consumer Protection Act 2019, the expression “buys any goods” and ‘hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing
Someone who obtains any good or avails any service free of charge, for resale or commercial purposes or contract of service is not a consumer.
The Consumer Protection Act of 1986 was given consent by the President of India. It has now been amended and named as the Consumer Protection Act, 2019. The day is meant to make consumers aware of their rights, the responsibilities and the importance of the consumer movement.
Consumer Protection Act, 1986
The act is known as the Magna Carta of the Consumer Protection. It aimed to protect the consumers from exploitation and the unfair trade practices that are prevalent in the market. It provided –
The right to be protected against marketing of goods and services that can cause damage to life and property.
The right to choose from a variety of goods and services available at competitive prices.
The right to have complete information about the products and services (the quantity, quality, price, standard, purity checks, etc.) to stay protected against any unfair trade practices.
The right to be heard, a consumer’s interest shall be duly considered at appropriate forums.
The right to seek redressal against any kind of unfair, restrictive trade practices leading to consumer exploitation. For a speedy redressal, it sought to establish Consumer Councils at the District, State and Center so that they can file cases in the Consumer Disputes Redressal Commissions.
The right to consumer education.
With this act, consumer forums and appellate courts were established in India. To a major extent, it empowered the consumers.
Consumer Protection Act, 2019
The Consumer Protection Act 2019 was enforced from 20th July 2020. The act retained the old provisions of the Consumer Protection Act of 1986 with certain new ones that further protect the consumers and establish a complete law for consumer protection.
New provisions enacted under the law are-
• Inclusion of E- commerce, Direct selling Establishment of Central Consumer Protection Authority (CCPA)
• Strict Norms for Misleading Advertisement
• Strict Norms for product liability
• Changes in the Pecuniary Jurisdiction
• Greater ease to dispute resolution Addition in the clause of “Unfair Trade Practice”:
• Unfair Contract
• Alternate Dispute Resolution through mediation
Rights guaranteed under the act
Right to choose
Right to safety
Right to be informed
Right to be heard
Right to seek redressal
Right to consumer awareness
Jurisdiction of the commissions
District consumer disputes redressal commission or District commission- for cases upto 1 crore;
State commission- for cases between an amount of 1 crore to 10 crores;
National commission- for cases exceeding the amount of 10 crores.
The complaint can be filed by a consumer, more consumers if they are having similar interests, a voluntary consumer organization, the state or central government, in case of consumer’s death his legal heir or representative, and in case of a minor his parents or a legal guardian.
Major Consumer organizations of India
The first ever consumer organization established in India was the Consumer Guidance Society of India in 1966. To name a few others who followed its footsteps are:
Bureau of Indian Standards
Akhil Bhartiya Grahak Panchayat
All India Consumer Welfare Council (AICWC)
Consumer voice (New Delhi)
Legal Aid society (Kolkata)
For more information and details about the Consumer Protection Act, visit:
https://consumeraffairs.nic.in/acts-and-rules/consumer-protection
The Ministry of Consumer affairs, Food and Public distribution is providing guidelines, advancing consumer protection in public service.
There is a consumer helpline that is working from 9:30 a.m to 5:30 p.m everyday -
1800-11-1915 or 1915 (except on national holidays).
If you are an aware consumer, you are an aware citizen. These are the rights that ensure your protection, so that even if you are cheated you can be heard and seek redressal. So that no one else faces the same. There was no legal system that protected consumer rights in India. It took India long to achieve this, from awareness to action has been a cumbersome process, yet fruitful in the end. Thus you should be a Jagruk Nagrik of the Adhunik Bharat, who is tough to be fooled.