The Consumer Protection Act 2019
The new Act (The Consumer Protection Act, 2019) was enacted by the Government of India on 9th August 2019, upgraded version of The Consumer Protection Act, 1986 (COPRA).
Emphasis on consumer rights protection and promotion.
Consumers, clients and customers’ world over, are demanding value for money in the form of quality goods and better services. Historical Concept – “Consumer is King”
But consumers are still victims of unscrupulous and bad marketing practices. Exploitation of Consumers was earlier too and now there are new challenges as well in the form of cyber-crime, plastic money etc.
Right of Consumers:
A. Right to Safety | B. Right to Information | C. Right to Choose |
D. Right to Seek Redressal | E. Right to be heard | F. Right to Consumer Education |
What has been upgraded and to note:-
- Definition of “goods” under Section 2 (20) which has included “food”, the definition of “food” has been borrowed from the Food Safety and Standards Act, 2006.
- Product Liability: Manufacturer or a service provider has to compensate a consumer if their good/service caused injury or loss to the consumer due to manufacturing defect or poor service.
- E-commerce: It will be governed similar to direct selling in India. Companies will have to disclose sellers’ details, such as their address, website, email, etc and other conditions related to refund, exchange, terms of contract and warranty on their website to increase transparency.
- Central Consumer Protection Authority (CCPA), to address issues related to consumer rights, unfair trade practices, misleading advertisements and impose penalties for selling faulty and fake products.
Pecuniary Jurisdiction Consumer complaints can be filed with respect to value
Forums | Amount (Rs.) |
District forum | up to 20 lakhs |
State Commission | 20 lakhs to 1 crore |
National Commission | more than 1 crore |
Note: The award pronounced by national commission can be challenged in the Supreme Court.
Territorial Jurisdiction: A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises. the consumer cannot file complaint where he resides.
Claim: Consumer Forums are quasi-judicial bodies to provide simple and speedy justice. These have been kept fee from the complicated judicial procedures.
The manner is quite informal and free from the sickles of the Civil Court. There is no need for advocate or any other pleader and consumer can himself or through his representative file and represent his complaint.
The complaint has to be filed with within two (2) years from the date on which the cause of action arose.
Anybody can also file complaint on consumer portal: https://consumerhelpline.gov.in/
APPEAL : Any consumer who is aggrieved by the order of a consumer forum can prefer an appeal in the higher fora within a period of thirty days (30 ) from the date of the order.
The appeal can be preferred:
against order of the District Forum before the State Commission.
against order of the State Commission before the National Commission.
against order of the National Commission before the Supreme Court.
Mritunjay Shekhar
