We all are consumers. Each one of us is consuming one or other thing with the power of money. Hence, it is really important that we are aware of consumer rights and never face fraud in terms of price and quality. Consumer Protection Act 1986 and Consumer Protection Act 2019 (Amendment) have mentioned all the important information to safeguard the rights of the consumer.
The Consumer Protection Act 1986 provides easy and fast compensation to all consumer grievances. It also safeguards and encourages consumers to speak against the flaws and insufficiency in goods and services. In case traders and manufacturers practice any illegal trade, the Consumer Protection Act protects all the rights of the consumers.
The aim of the Consumer Protection Act, 1986
The main objective of the Consumer Protection Act, 1986 is to provide all-round protection to the consumers and safeguard them against different types of exploitation such as defective goods, deficient services, and unfair trade practices.
Must Read: Top 7 Consumer Protection Act Cases
Before knowing the details about the provisions of Consumer Rights, let’s understand the meaning of ‘Consumer’ and ‘Consumer Rights’ under the Consumer Protection Act.
As per Consumer Protection Act, 2019:
“A consumer is any person who buys or avails goods or services for consideration. It includes every user except the person who avails goods or services for commercial or resale purposes. It covers all the transactions through all the modes including online and offline through electronic, teleshopping, direct selling, or multi-level marketing.”
As per Consumer Protection Act, 1986:
“Consumer rights have been defined as the right to be protected against marketing of goods and services which are hazardous to life and property, be informed of the purity, quality, quantity, potency, standard, and price of goods and services, be assured of access to a variety of goods and services at competitive prices, seek redressal against unfair or restrictive trade practices, and complete consumer education.”
There are 6 broad Consumer Rights defined under Consumer Protection Act, 1986:
1. Right to Safety: This right defines the protection against goods and services that are ‘hazardous to life and property.’ This consumer right particularly applies to industries like pharmaceuticals, medicines, automobiles, and foodstuffs etc. It ensures that all the products that are critical in nature must be carefully tested and validated before being marketed to the consumer.
2. Right to Information: This consumer right mentions the need for customers to be informed about the quantity and quality of goods being sold. It ensures that customers must also be informed about the price of the product and they must have access to the information about the product they wish to consume.
3. Right to Choose: The consumers must have the right to choose between different products at competitive prices. Hence, the concept of a competitive market implies that many sellers sell similar products to make sure that the consumer can choose what to consume and in what quantity. This avoids the monopoly of a seller in the market.
4. Right to Seek Redressal: When a consumer is violated, he/she has the right to approach a consumer court and file a complaint with the company. A consumer court hears the complaints of the consumer and provides justice to the party who has been misled. So, if the consumer feels that he has been exploited, he/she can approach the court using Right to Seek Redressal.
5. Right to be Heard: The purpose of this consumer right is to make sure that the consumer gets recognition in the consumer courts or redressal forums. Whenever the consumer feels exploited, he/she has the right to approach a consumer court to raise his/her complaint. In this way, they seek justice whenever they feel exploited.
6. Right to Consumer Education: Consumers are aware of their rights and they have access to enough information to make consumption decisions. Information helps consumers to choose what to purchase, how much to purchase, and at what price.
What are the benefits for consumers under Consumer Protection Act?
The Consumer Protection Act 2019 aims to provide rights towards the consumers and save them from any fraud. Have a look:
1. Consumers are protected against the marketing of goods and services that are hazardous to life and property.
2. The redressal machinery is available within an easy reach to the consumers.
3. Consumers are entitled to receive speedy and inexpensive relief under the Consumer Protection Act 1986.
4. Consumers can save themselves against any fraud by executing any of their rights - Right to safety, right to choose, right to be heard, and right to consumer education.
5. A service provider compensates a consumer in case the injury or damage can be caused to the consumer.
Authorities which play a major role in safeguarding consumer rights:
Under the Consumer Protection Act, a three-tier machinery comprising the District Forum, State Commission, and National Commission has been formed with the basic objective of consumer redressal.
- DISTRICT FORM:
The District Forum is established by the State Government in each district. This consumer court deals with all the complaints whose value of the goods or services and compensation is less than twenty lakhs.
- STATE COMMISSION:
The State Commission is established by the specific state Government at the state capital. The State Commission has jurisdiction to entertain complaints where the value of goods and services exceeds one crore but remains less than ten crore rupees. In case any of the parties is not satisfied with the order of the State Commission, then it can file an appeal with the National Commission within thirty days of such an order.
- NATIONAL COMMISSION:
The National Commission has jurisdiction over the whole country. It can entertain complaints where the value of goods and services is more than ten crore rupees. The party can approach the Supreme Court if it is not satisfied with the decision of the National Commission within thirty days of such an order.
If Consumer Rights are found violated by the District, State, or National Commission due to a defect in goods or deficiency in services or an unfair trade practice, then they can issue an order:
(i) To remove the deficiency in service or defect in goods.
(ii) To replace the defective product with a new one.
(iii) To refund the price paid for the product or charges paid for the services.
(iv) To pay a reasonable amount of compensation for any injury suffered by the consumer due to the negligence of the opposite party.
(v) To pay damages in appropriate circumstances.
(vi) To discontinue the unfair trade practice and not repeat it in the future.
(vii) To not offer hazardous goods for selling purposes.
(viii) To withdraw the hazardous goods from sale.
(ix) To cease the manufacturing of hazardous goods.
(x) To compensate the loss or injury suffered by the consumer in a product liability action.
Right to Information Applicant is not a consumer under Consumer Protection Act
The National Consumer Disputes Redressal Commission has settled the law on the conflict between the Right to Information and Consumer Protection Acts. The Commission has held that the person seeking information under the provisions of the RTI Act cannot be called a consumer. Therefore, forums have no jurisdiction to intervene in matters arising out of the provisions of the Right to Information Act.
