Consumer Protection Act

Table Of Content

• What is the Consumer Protection Act?
• When was the Consumer Protection Act passed?
• What are the main objectives of the Consumer Protection Act?
• What are the Consumer Rights in India?
• What are the differences between the Consumer Protection Act 1986 and 2019?
• How can a Consumer lodge a Consumer Complaint? 
• In Which cases, a Consumer files a Consumer Complaint?
• Do I need an Advocate to file a Consumer Complaint?
• Who can file a Complaint under the Consumer Protection Act?
• Who is a Consumer under the Consumer Protection Act?
• Conclusion

The Consumer Protection Act was made to protect consumers and ensure that trading activities are fair. It was enacted on December 24,1986 and was amended in 2019 to provide for redressing of grievances concerning defective goods, deficient services, and unfair trade practices. The government has put in place many forums where consumers can take their complaints such as Consumer Redressal Forums which is one of them. This statute enlightens consumers about their rights and gives them a chance to sue unethical businesses. Its purpose is to promote a just, ethical market and improve consumer welfare through effective legal remedies and safeguards.

What is the Consumer Protection Act?

Consumer Protection Act is a law designed to protect the rights of consumers. It gives opportunity for consumers to demand justice against unfair trade practices, faulty products and poor services. The Act establishes different types of Consumer Redressal Forums and Commissions throughout the country. It includes transparency, accountability, and fairtrade in market. Further, it enables consumers by creating awareness about their entitlements as well as providing them with legal remedies in situations where they have been exploited or victimized by unethical business persons. In order to establish an ethical market place, the aim of this act is to promote consumer welfare.

When was the Consumer Protection Act passed?

The first Consumer Protection Act was passed in India on December 24th 1986 for safeguarding consumer rights and interests so as to provide redressal mechanism for grievances and disputes occurring in markets.

What are the main objectives of the Consumer Protection Act?

The primary goals of the Consumer Protection Act are:

1. Safeguard Consumer Rights: Save the customers from prohibited trade practices and abuse.
2. Redressal Mechanisms: Establish accessible forums that will resolve claims and protests.
3. Promote Fair Trade: Make sure there is openness and accountability in commercial transactions.
4. Educate Consumers: Educating members of public on what they can do if their rights have been violated.

What are the Consumer Rights in India?

Consumer rights in India include:

1. Right to Safety: Protection from dangerous goods and services.
2. Right to Information: Accurate information on products and services.
3. Right to Choice: Variety of goods and service at fair prices.
4. Right to Redressal: Mechanisms for ad-dressing grievances and seeking compensation.
5. Right to Consumer Education: Awareness about rights and responsibilities.

What are the differences between the Consumer Protection Act 1986 and 2019?

The 2019 Act and the Consumer Protection Act of 1986 differ in several significant ways:

1. Consumer Redressal: The provisions introduced by the 2019 Act relate to Central Consumer Protection Authority (CCPA) dealing with grievances and enforcing compliance, which presents an improvement over the previous law.
2. Online Disputes: Reflecting growth of the digital market, the 2019 Act contains standards on e-commerce and online disputes.
3. Product Liability: Incidentally, it is a product liability-based 2019 act that focuses on compensation for injury resulting from defective products.
4. Consumer Rights: The expanded consumer rights under the 2019 Act include defence from unfair trade practices as well as misleading advertisements.

How can a Consumer lodge a Consumer Complaint? 

eDrafter offers consumer complaint online services to those who are looking for a professional to file a consumer complaint on their behalf in the consumer forum. Below are some easy steps that you need to follow in order to register your consumer complaint:

1. Visit our “www.edrafter.in” website and click on the consumer complaint Service from the main menu of the website.
2. Now fill out the form to give us some required information.
3. An expert Advocate will be assigned to you and we will schedule an appointment with you. The meeting details will be shared with you through mail.
4. During the meeting, the Advocate will understand the case and file the consumer complaint on your behalf. He will also tell you about the available legal remedies for you to protect your legal rights by providing legal advice.

So, just follow these simple steps to file a complaint and everything will be taken care of by expert advocates.

In Which cases, a Consumer files a Consumer Complaint?

There are different instances where consumers can raise complaints:

1. Defective Goods: For faulty or low-quality products
2. Deficient Services: In case services provided are inadequate or fail to meet required standards by service providers
3. Unfair Trade Practices: Involves deceptive practices, misleading advertisements, or false claims
4. Excessive Pricing: This arises when one is being charged prices that do not agree with what had been specified or agreed upon before.
5. Non-Delivery: In cases where goods paid for or services contracted are not delivered on time as agreed.
6. Breach of Warranty: Violation of warranties or guarantees given by sellers/providers can lead to this case.

Do I need an Advocate to file a Consumer Complaint?

To file a consumer complaint, there is no requirement for an advocate. Consumers can directly approach consumer forums or commissions to file complaints. In complex cases however, or if you want your case to be thoroughly presented, it may be useful to get legal advice or representation.

Who can file a Complaint under the Consumer Protection Act?

The following individuals can make a complaint under the Consumer Protection Act:

1. Consumers: any person who buys goods or services for personal use;
2. Authorized representative: Individual authorized by the consumer such as legal heir in case of death;
3. Consumers’ association: Organisations with members interested in consumers’ concerns among others;
4. Government agencies: the appropriate government departments can also lodge complaints on behalf of consumers.

Who is a Consumer under the Consumer Protection Act?

According to The Consumer Protection Act, consumer means any person who purchases goods that are meant for their own use and those who buy them for resale as long as consent was obtained from the buyer of such goods.

Conclusion

The Consumer Protection Act is very important legislation designed to protect the rights of consumers while addressing complaints related to defective products or poor-quality services provided by vendors who engage into unfair trade practices. Enacted on December 24, 1986, but updated in 2019 this provides dispute resolution mechanisms through Consumer Redressal Forums and CCPA as well. In effecting consumer education for accountability purposes, the Act ensures a level playing ground within the market system. It empowers customers through knowledge of their rights, as well as providing them with legal measures necessary in fighting against exploitation and immoral deals.