Greater kashmir’s understanding the law initiative | unravelling the consumer protection act, 2019

In India, the Consumer Protection Act, a social welfare legislation, deals with the promotion and protection of the rights of the consumer. Currently, the Consumer Protection Act, 1986, has

been repealed and it has been replaced by the Consumer Protection Act, 2019, (hereinafter referred to as “the Act”) with the intention to expand the scope of consumer rights and cover the

field of e-commerce, direct selling, tele-shopping, etc.   Who is a Consumer? A consumer is a person who buys any commodity to consume as eatable or otherwise from a shop, business house,

corporation, store, fair price shop or avails private or public services. He buys any goods or hires/avails any service for a consideration.   Who is not a Consumer? A person who obtains

goods or avails services free of charge or who obtains goods for resale or avails services for any commercial purpose or who avails services under a contract of service. What is the Central

Consumer Protection Authority? It is an authority to promote, protect and enforce the rights of consumers, make interventions when necessary to prevent consumer detriment arising from unfair

trade practices and to initiate class action including enforcing recall, refund and return of products, etc.   What is product liability? It means the responsibility of a product

manufacturer of any product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services.   Which Consumer Rights are present

under the Act? Right to safety, right to be informed, right to choose, right to be heard, right to seek redressal and right to consumer awareness.   Who can make a complaint? A consumer, any

voluntary consumer association, the Central or any State Government, the Central Authority, one or more consumers having the same interest, legal heir of the deceased consumer, parent/legal

guardian of a minor.   What are Consumer Disputes Redressal Agencies and what are their jurisdictions? District Commission, State Commission and National Commission are the quasi-judicial

bodies which provide speedy redressal to the grievances of the consumers. The District Commission has the jurisdiction to entertain complaints where the value of the goods/services does not

exceed 50 lakh rupees. The State Commission has the jurisdiction to entertain complaints where the value of the goods/services exceeds 50 lakh rupees but does not exceed 2 crore rupees. The

National Commission has the jurisdiction to entertain complaints where the value of the goods/services exceeds 2 crore rupees.   Where can the complaint be filed? A complaint shall be filed

in a Commission (depending upon the pecuniary jurisdiction) within the local limits of whose territorial jurisdiction, the place of business/residence of opposite party is situated or the

place of business/residence of the complainant is situated, or where the cause of action arises. A complaint should be in writing. It can be filed online also on – http://edaakhil.nic.in/.

  Can a consumer complaint be resolved through mediation? Mediation can happen with the consent of the parties at the first hearing or at later stage, if the Commission opines that there

exists an element of settlement. Parties at any stage of the complaint can opt for settlement through mediation.   What is the time limit for filing a complaint? The complaint shall be filed

within two years from the day, the deficiency in service or defect in goods has arisen.   What reliefs are provided by the Commissions? Removal of defects from the goods, replacement of the

goods, refund of the price paid, removal of defects in the services, award of compensation for the loss or injury suffered, discontinue and not to repeat unfair trade practice or

restrictive trade practice, to issue corrective advertisement to neutralize the effect of misleading advertisement, to provide adequate costs to parties, etc.   How are the orders of

Commissions enforced? Every order made by any Commission is enforced in the same manner as if it were a decree made by a Court in a suit before it.   What is the penalty for non-compliance

of a Commission’s order? Whoever fails to comply with any order made by any Commission shall be punishable with imprisonment for a term which shall not be less than one month, but which may

extend to 3 years, or with fine, which shall not be less than 25,000 rupees, but which may extend to 1 lakh rupees, or with both.   What if the consumer is not satisfied with the

Commission’s order? Any consumer who is not satisfied with the order of a commission can prefer an appeal in the higher commission within a period of 30 from the date of the order. The

consumers have a right to be protected against marketing of goods which are hazardous to life and property. The purchased goods or services availed of, should not only meet their demands but

fulfil their interests as well. Before purchasing any product, the consumers must focus on the quality and guarantee of the product. Those products must be bought which are quality marked

products like ISI, AGMARK, etc. Consumers must get all the information about the product or service before making a final decision. This will help the consumers to choose the right product

or service which is not suffering from any defect or deficiency. _Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India and tweets @muneebmalikrash._ _ _

_(The contents of this article are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.)_