Towards a Fairer Marketplace: Understanding the Consumer Protection Act 2019, Safeguarding Consumer Rights in the Modern Era

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We live in a world that is marked by rapid technological advancements and ever evolving consumer behaviors, hence, ensuring robust protection for consumers has become paramount. The governments across the globe are trying to safeguard consumer rights and interests and have enacted legislation. In the year 2019, India took a major step in this direction by enacting the Consumer Protection Act. This act is aimed at addressing contemporary challenges and strengthening consumer safeguards, and serves as your shield against unfair trade practices and ensures a fair marketplace for all.

What is the Consumer Protection Act?

The Consumer Protection Act, was enacted earlier in  the year 1986, it gave easy and fast compensation to consumer grievances. The act has undergone some comprehensive overhaul and the new act enacted in 2019 aligns with the dynamics of the digital age and addressing emerging issues in  modern consumer transactions. The act encourages consumers to bring out any issue related to the flaw in product or service and safeguards their right against any malpractice in trade. The act saves consumers from lengthy court trials by providing a fast and simple alternative for addressing consumer complaints.

This Protection Act covers all goods and services of all public, private, or cooperative sectors, except those exempted by the central government. The act provides a platform for a consumer where they can file their complaint, and the forum takes action against the concerned supplier and compensation is granted to the consumer for the hassle he/she has encountered.

Also Read :- The Architect of Fairness: Exploring the Legacy of India’s Civil Procedure Code of 1908

Key Features of the Consumer Protection Act 2019:

Expansive Definition of Consumers:

The new act has expanded the definition of consumer as it now adds both online and offline consumers. According to the new act consumers whether they purchase goods online or offline will be considered as consumers. Thereby broadening the safety net of consumer protection in the digital era.

Establishment of Central Consumer Protection Authority (CCPA):

One of the key provisions of this Act is CCPA (Central Consumer Protection Authority), it has  the responsibility of promoting, protecting, and enforcing consumer rights. The CCPA is a powerful regulatory body which has been given the authority to investigate, intervene, and initiate action on behalf of the consumer in case of complaint or malpractice. 

Enhanced Remedies and Redressal Mechanisms:

The Act has provided consumers with redressal methods and simplified procedures for filing complaints, significantly reduced the resolution timelines, and enhanced compensation for affected consumers. Moreover it has applied strict penalties for unfair trade practices, including misleading advertisements, and substandard goods or services.

Emphasis on Product Liability:

The Act holds manufacturers, sellers, and service providers accountable for defective products or deficient services, reinforcing the principle of strict liability and ensuring that consumers are adequately compensated for any harm or loss incurred due to defective products.

E-commerce Regulations:

The Act recognizes the need for regulation of e-commerce considering the growing consumer base of e-commerce platforms. The CPA lays down specific regulations for online marketplaces to ensure fair practices and consumer protection in the digital space.

Consumer Rights and Responsibilities:

The Rights of the Consumer

Right to Safety: A consumer has a right to safety they can ask for guarantee for the quality of product and seek for any independent quality certification like, ISI or AGMARK.

Right to Choose: The consumer holds the right to select from a variety of products depending on their quality and their budget.

Right to be informed: The consumer has the right to be informed about the details of the products and services offered by the manufacturer or the service providers. The seller is obligated to provide details in order for consumers to make informed decisions.

Right to Consumer Education: Right to consumer education helps the buyer to avoid any potential exploitation and saves them from incurring any loss due to ignorance.  

Right to be Heard: The consumer holds the right to be heard, allowing the buyer to raise their concern related to the product or services to the appropriate forum.

Right to Seek Compensation: The consumer holds the right to seek compensation against a bad product or services. The buyer can reach out to the service provider or trader in case no issue is not resolved then a complaint can be filed with the consumer forum seeking compensation against the unfair practice.

The Responsibilities of the Consumer

There are certain responsibilities that the consumers have to manage as well. The consumer needs to be alert and aware about their rights and responsibilities. They should be buying quality products and looking for various quality certifications while purchasing BIS, ISI and AGMARK. In case the product does not perform as intended or the lapse in services, it is their responsibility to raise a complaint. The act gives consumers a complaint and seeks compensation against the substandard product or poor service, however, it is the responsibility of consumers to behave ethically, they should not indulge in disruptive behavior or false allegations.

How to File a Complaint Under Consumer Protection Act

The consumer who wants to file complaint against a bad product or services under consumer protection act need to follow below steps

• The complaint must be filed within 2 years of purchase of the product or service.
• Determine the appropriate jurisdiction for the complaint.
• The formal complaint addressing the Consumer Forum or Commission should include details such as consumer name and contact information, details of the seller/service provider, description of the product or service, nature of the complaint and the relief sought.
• The consumer must present any supporting document such invoices, receipts, contracts, warranty/guarantee documents, correspondence with the seller/service provider, and any other evidence substantiating your claim.
• Complaints should be then sent to the consumer forum via applicable means such as email, registered post, fax or hand-delivered. Acknowledgement is important and should not be forgotten to receive.

Although hiring of the lawyer is not a mandate, it is advisable to hire the legal services of an adept lawyer in order to safeguard your interest. At Insaaf99 we provide services of adept legal professionals from the comfort of your home.

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