CONSUMER PROTECTION ACT 2019

Consumer protection act 1986 was replaced by consumer protection act 2019.

Who is a consumer?

a person who buys any goods for consideration which has been paid and been promised to pay, is partly paid or promised to be paid, or is a deferred payment.

or a user of those goods other than the person who has bought the goods for consideration

does not include a person who obtains such goods for the resale of goods or any commercial purposes.

or a person who hires or avails any services for consideration which has been paid or promise to pay, is partly paid or promised to be paid, or is a deferred payment.
or any beneficiary of such services other than the person who has vailed the services for a consideration.

does not include any person who avails such services for a commercial purpose.

Consumer Protection- It means protecting the consumers from unfair and restrictive trade practices adopted by the seller of goods and services. It extends to the whole of India including Jammu and Kashmir.

It covers E-commerce transactions and teleshopping.
Consumer complaint can be filed at a place where the complainant resides or works.
E-filing of cases is included. Hearing of cases can be done by online video conferencing.
District Forum: Value of goods and services (upto a crore), state commission (from 1-10 crore) and national commission above 10 crores.
Central Consumer Protection Authority has been established. This authority can investigate the matters, recall the products or withdrawal of services, and file cases at different forums.
Consumers can get compensation for any harm after the use of any product or use of service from the seller.
Mediation Centre’s has been established for dispute resolution with all forums. Court can refer to settlement via mediation.

Aims and objectives:

The Act aims to provide better protection of interest of the consumers.
The act aims to protect and promote the rights of the consumers.
To make provisions for the establishment of Consumer Councils and other authorities for the settlement of Consumer disputes.
To set up quasi- judicial machinery for speedy and correct redressal of consumer disputes.

Rights of Consumers:

Six important rights of consumers include:
Right to safety- every consumer has the right to be protected against the marketing of goods and services which are hazardous to his life
Right to information- Consumer has the right about the quantity, quality, purity, standard and price of goods or services so as to protect himself against unfair trade practices.
Right to choose- Every consumer has the right to choose from the variety of goods and services at competitive prices
Right to be heard- The consumer has the right to be heard and to be assured that consumers interest will receive due consideration at appropriate forums
Right to seek redressal - Every consumer has the right to seek redressal against the unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.
Right to Consumer Education - Every consumer has a right to know about his rights as a consumer. He is entitled to obtain knowledge of all the remedies available to him against the exploitation of the manufacturer and traders of goods and services.

Consumer Protection Council: These are advisory bodies. They’re established at three levels.

The Central Consumer protection council- The ministers of consumer affairs of the Central Government shall be the chairman of this council. Such number of officials and unofficials members representing such interests may be prescribed. According to rule 3 of the consumer protecxtion rules, 1987, it shall consists of 150 members. The term should be 3 years. Free to meet but at least once a year.
State consumer protection council: same but 10 members. Free to meet but not less than 2 times
District consumer protection council: same but Established in 2002 Amendment. The District Collector will be the chairman for this Council.

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