Consumer Protection Act: Anirudh Venkatesh
Consumer Protection Act: Anirudh Venkatesh
Consumer Protection Act: Anirudh Venkatesh
PROTECTION ACT
ANIRUDH VENKATESH
INTRODUCTION
1. To promote and protect all the six rights of the consumers which will be
discussed later.
2. To provide simple and speedy disposal to the cases by providing quasi-
judicial machinery for the redressal of consumer disputes.
3. The act also aims to provide inexpensive redressal to the issues of the
consumer.
4. A consumer dispute redressal forum called state commission has been set
up in order to settle the disputes of each and every consumer in all the
states of the country.
DEFINITIONS
• If any consumer has been exploited by the seller or faced any unfair
trade practices he can seek redressal i.e. compensation or damages
under this right.
• This right ensures that all the issues of the consumers are dealt with
and justice is done to him. A proper redressal mechanism has been set
up by the government of India such as the consumer courts and
forums at district and national level.
RIGHT TO CONSUMER EDUCATION
• It is the right of each and every person who is a citizen of India to have
knowledge about all the laws and policies relating to the consumer.
• Therefore it is made sure the material regarding the consumer-related
laws is easily available all over India but there is still a major part of
the population who is not aware of his laws and rights.
• This is the reason many awareness programs have been organized by
the government of India such as ‘jago grahak Jago’ and the camps
organized by various lawyers in the remote areas of the country.
DUTIES OF A CONSUMER
• Every consumer right comes with the opposite duty. Right of one consumer
is the duty of the others. Accordingly, there are various duties such
as:-
• On purchasing of goods or hiring of any services, it is the duty of the
consumer to pay for the same.
• While purchasing something it is his duty to check weights, balances,
prices etc. and also to give a careful reading to the labels.
• It is the duty of the consumer to update himself about the various
consumer protection schemes.
DUTIES…
• Duty to be careful while purchasing and not to fall in the trap of misleading
information and advertisements.
• It is the duty of the consumer to not purchase anything from the black markets.
• It is the duty of the consumer to be aware of his rights and duties and also
spreading the awareness of the same among others.
• It is the consumers’ duty to file a complaint if the goods which he purchased are
defective.
• Each and every consumer should secure the bills of the goods purchased or the
services availed so that if in the future he finds the goods or services to be
defective he can easily file a complaint against the same and can prove it.
REDRESSAL MECHANISM
• These thresholds have been changed by the 2019 Amendment Act. (Discussed Below)
WHO CAN FILE A COMPLAINT?
• The very first step before filing a complaint the aggrieved party should do
is to send a notice to the service provider from whom the goods were
purchased or the service was availed informing him about the defects in
the goods or the deficiency in the service or unfair practice.
• This notice is sent to the trader or the aggrieved party in order to see if
that company or trader is willing to give the compensation or offer any
other remedy.
• The next step is to file a formal complaint under the Consumer Protection
Act of 1986. Here the aggrieved party does not need to hire a lawyer in
order to file a complaint. He can file the complaint on his own.
FILING A COMPLAINT
• The aggrieved party just need to write down the following contents on a
plain paper:
• Name, description and the address of the complainant and of the opposite party or
parties
• Facts relating to the complaint and time and venue where it arose
• All the possible documents in support of the allegations contained in the complaint
• The relief or the remedy claimed by the complainant
• The complaint should consist of signatures of the complainant or his authorized
agent
WHERE TO FILE THE COMPLAINT
• The next step after the drafting of the complaint is to choose the
appropriate authority under whom the complaint is to be filed.
• The complainant shall choose the authority according to pecuniary
jurisdiction of his complaint i.e. the total value of the goods or services
and the compensation claimed by him.
• It is to be noted here that the complainant can also file an online
complaint on www.consumerhelpline.gov.in
COURT FEES
• District Forum:
• Up to Rs 1 lakh: Rs 100
• Between Rs 1-5 lakh: Rs 200
• Between Rs 5-10 lakh: Rs 400
• Above Rs 10 lakh and up to Rs 20 lakh: Rs 500
• State Forum:
• Above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000
• Above Rs 50 lakh and up to Rs 1 crore: Rs 4,000
• National Forum:
• A standard amount of Rs 5,000
REMEDIES
• Removal of Deficiency in Service– the authority can pass orders for removal of the deficiency if
there is any deficiency in delivery of the service, for instance, if the consumer has applied for a loan
and has fulfilled all the formalities but the bank is making unnecessary delay in sanctioning the loan,
then the court can pass orders to sanction the loan.
1. Protect against the marketing of products that are hazardous to life and property.
2. Inform about the quality, potency, quantity, standard, purity, and price of goods to safeguard the consumers against unfair trade
practices.
3. Establish Consumer Protection Councils for protecting the rights and interests of the consumers.
6. Protect the consumers by appointing authorities for timely and sufficient administration and settlement of consumers’ disputes.
7. Lay down the penalties for offences committed under the Act.
8. Hear and ensure that consumers’ welfare will receive due consideration at appropriate forums in case any problem or dispute
arises.
9. Provide consumer education, so that the consumers are able to be aware of their rights.
10.Provide speedy and effective disposal of consumer complaints through alternate dispute resolution mechanisms.
UNFAIR TRADE PRACTICES
• Section 2(47) of the Consumer Protection Act, 2019 defines the term
‘unfair trade practices’ which include:
1.Manufacturing spurious goods or providing defective services.
2.Not issuing cash memos or bills for the goods purchased or services
rendered.
3.Refusing to take back or withdraw the goods or services and not refunding
the consideration taken for the purchase of the goods or services.
4.Disclosing the personal information of the consumer.
CHANGES INCORPORATED IN CONSUMER
PROTECTION ACT, 2019
• The changes that were incorporated with the enactment of the
Consumer Protection Act, 2019 are:
1.The District Commissions will have the jurisdiction to entertain
complaints where the value of the goods, services or products paid as
consideration to the seller does not exceed 50 lakh rupees.
2.State Commissions will have the jurisdiction to entertain complaints
where the value of the goods, services or products paid as
consideration to the seller exceeds 50 lakh rupees but does not exceed
two crore rupees.
CHANGES…
1.The Consumer Protection Act, 2019 also facilitates the consumers to file
complaints online. In this regard, the Central Government has set up
the E-Daakhil Portal, which provides a convenient, speedy and inexpensive
facility to the consumers all over India so that they are able to approach
the relevant consumer forums in case of any dispute arises.
2.The Act lays down the scope for e-commerce and direct selling.
3.The Consumer Protection Act, 2019 lays down provisions for mediation and
alternative dispute resolution so that the parties are able to dispose of the
case conveniently without going through the trouble of litigation.
CHANGES…
• The Act establishes consumer protection councils to protect the rights of the
consumers at both the national and state levels.
• Under Chapter 2 Section 3 of the Consumer Protection Act, 2019 the Central
Government shall establish the Central Consumer Protection Council which is known
as the Central Council.
• Every state government shall establish a State Consumer Protection Council known
as the State Council having jurisdiction over that particular state.
• Under Section 8 of the Act, the state government shall establish a District
Consumer Protection Council for every district known as the District Council.
CENTRAL CONSUMER PROTECTION AUTHORITY
• The functions and responsibilities of the Central Authority are laid down in Section
18 of the Act which includes;
1.To protect and promote the rights of the consumers as a class and to prevent
violation of consumer rights,
2.To prevent unfair trade practices,
3.To ensure no false or misleading advertisements regarding any goods or services
are promoted,
4.To ensure no person takes part in false or misleading advertisements,
5.Inquire or investigate in cases of violation of consumer rights or unfair trade
practices.
FUNCTIONS…
• The offences and penalties listed under this Act are mentioned as follows.
1.Punishment for false and misleading advertisements: Under Section 89 of the
Act any manufacturer or service provider who promotes false or misleading
advertisements will be punished with imprisonment for a term that may extend to
two years and with fine that may extend to ten lakh rupees.
2.Punishment for manufacturing, selling, distributing products containing
adulterants: Under Section 90 of the Consumer Protection Act, 2019 any person
who sells, manufactures, distributes products containing adulterants shall be
penalized in case of the following circumstances;
OFFENCES
• If the adulterated product does not cause any injury to the consumer then the term for
imprisonment will extend to a period of six months and fine which may extend to one
lakh rupees,
• If the product containing adulterant causes injury not amounting to grievous hurt then
the term for imprisonment will extend to a period of one year and fine which may extend
to three lakh rupees,
• If the product containing adulterant causes injury amounting to grievous hurt then the
term for imprisonment will extend to a period of seven years and fine which may extend
to five lakh rupees,
• If the product results in causing death to the consumer then the term for imprisonment
will be for a period of seven years which may extend to life imprisonment and fine not
less than ten lakh rupees.
OFFENCES