Introduction
The Consumer Protection Act, 1986 is a social welfare legislation enacted in response to the widespread consumer protection movement. It was designed to provide simpler and quicker access to resolving consumer grievances. The primary aim of the Act is to better protect consumer interests and establish consumer councils and other authorities to settle consumer disputes and related matters. The Act introduced the concept of a “consumer” for the first time and granted additional rights to consumers.
The Act applies to all goods and services, except those meant for resale or commercial purposes and services provided free of charge or under a personal service contract. The Act’s provisions are compensatory in nature and cover public, private, joint, and cooperative sectors. It ensures a justice system that is less formal, involves less paperwork, reduces delays, and is more cost-effective.
Consumer Rights
The consumers in India have the following rights:
- Right to Safety – A consumer has the right to safety against such goods and services hazardous to his health, life, and property.
For example, counterfeit and substandard drugs; appliances made of low-quality raw materials, etc. The consumers have the right to safety against the loss caused by such products.
- Right to be informed – A consumer has the right to be provided with all the information based on which he decides to buy goods or services. Such information may relate to the quality, purity, potency, standard, date of manufacture, method of use, etc. of the commodity. Thus, a producer must provide all this information properly, so the consumer is not cheated.
- Right to choose – A consumer has the absolute right to buy any goods or services of his choice from among the different goods or services available in the market. No seller can unfairly influence his choice.
- Right to be heard – A consumer has the right that his complaint be heard. This right also empowers the consumers to fearlessly voice their complaints against the defective products and the erring producer/company /seller.
- Right to seek redressal – This right provides compensation to the consumers against unfair trade practice of the seller. For instance, if the quantity and quality of the product do not conform to those promised by the seller, the buyer has the right to claim compensation. Several redressals are available to the consumer by way of compensation, such as free repair of the product, taking back of the product with refund of money, changing of the product by the seller.
- Right to consumer education – It means to have access to programs and information that help consumers make better decisions before and after purchase. Instructions and guidelines for consumers are issued by government departments and NGOs.
Redressal Mechanisms:
Under the Act, the following people can seek redressal:
- Consumer;
- Any voluntary consumer association registered under the Companies Act or under any other law for the time being in force;
- The Central Government or any State Government;
- One or more consumers, where there are numerous consumers having the same interest;
- In case of death of a consumer, his legal heir or representative
An aggrieved consumer can seek redressal under the Consumer Protection Act by filing a complaint in the following redressal agencies:
- District Forum
The district forum should have jurisdiction to handle complaints involving goods or services valued at up to Rs. twenty lakhs, including compensation. District forums are essential for consumer redressal because many individuals affected by consumer rights violations cannot file complaints at state or national levels. This often leads to a backlog of cases as these forums need to handle issues from multiple districts.
- State Forum
The State Commission has the authority to hear cases involving goods or services valued at more than Rs. twenty lakhs, including any compensation claimed, up to Rs. one crore. Additionally, it handles appeals against decisions made by any District Forum within the state.
- National Commission
The commission’s jurisdiction covers cases where the compensation amount could exceed Rs. one crore. Additionally, the commission will consider appeals against decisions made by State Commissions.
According to Sec 24A of the Consumer Protection Act, a complaint should be filed within a period of 2 years from the date on which the cause of action has arisen.
Following reliefs can be granted in the case of complaint:
- Remove the defect pointed out by the appropriate laboratory from the goods.
- Replace the goods with new goods of similar description which is free from any defect.
- Return to the complainant the price, or, as the case may be, the charges paid by the complainant.
- Not to offer the hazardous goods for sale.
- Cease manufacturing of hazardous goods and to desist from offering services which are hazardous in nature
- Issue corrective advertisements to neutralize the effect of misleading advertisements at the cost of the opposite party responsible for issuing such misleading advertisements.
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