The Consumer Protection Act, 2019
The Consumer Protection Act, 2019
The Consumer Protection Act, 2019 (COPRA 2019) is a landmark legislation in India that provides a robust framework for the protection of consumer rights and the redressal of consumer grievances. It repealed and replaced the Consumer Protection Act, 1986, bringing in significant changes and wider coverage, including e-commerce transactions.
The Act provides a three-tier quasi-judicial redressal mechanism at the District, State, and National levels.
Who Is A Consumer?
Under the Consumer Protection Act, 2019, a Consumer is defined as a person who:
a) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment.
b) Hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment.
The definition includes any user of such goods or beneficiary of such services, other than the person who buys or hires them, when such use is made with the approval of such person.
However, the term 'consumer' does not include a person who obtains goods or services for resale or for any commercial purpose. The exception is made for goods bought or services hired for self-employment.
Example: A person buying a washing machine for personal household use is a consumer. A person buying washing machines to sell in their electronics shop is not a consumer under the Act. A person buying a sewing machine for using it at home to stitch clothes and earn a livelihood (self-employment) is a consumer.
The Act specifically includes buyers of goods and users of services through online transactions, tele-shopping, direct selling, or multi-level marketing within the definition of a consumer.
Example 1. Mr. Sharma buys a car for his family's personal use. Is he a consumer under the Consumer Protection Act, 2019?
Answer:
Yes, Mr. Sharma is a consumer under the Act because he bought the car for personal use.
Example 2. Ms. Priya buys five sewing machines to set up a small tailoring unit where she employs two tailors. Is she a consumer under the Act?
Answer:
No, Ms. Priya is not a consumer under the Act because she bought the machines for a commercial purpose (setting up a tailoring unit employing others).
Consumer Rights
The Consumer Protection Act, 2019, enshrines several rights for consumers to protect them from unfair practices. These rights empower consumers and provide them with avenues for seeking justice.
The key consumer rights recognised under the Act are:
1. Right to Safety: The right to be protected against the marketing of goods, products or services which are hazardous to life and property. Consumers have the right to expect that the products they buy are safe for use under normal conditions.
Example: Electrical appliances should meet safety standards (e.g., ISI mark). Food products should be free from harmful contaminants.
2. Right to be Informed: The right to be informed about the quality, quantity, potency, purity, standard, and price of goods, products, or services, as the case may be, so as to protect the consumer against unfair trade practices. Consumers have the right to get complete and accurate information about the product they are buying.
Example: Packaged goods should have clear labels with ingredients, date of manufacture, expiry date, MRP, and manufacturer details.
3. Right to Choose: The right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices. Consumers should have the freedom to choose from a range of products and services available in the market.
Example: Not being forced to buy one product as a condition for buying another, having options from different brands and sellers.
4. Right to be Heard: The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora. Consumers have the right to express their grievances and get them addressed.
Example: Having the opportunity to lodge complaints with companies, consumer forums, or relevant authorities.
5. Right to Seek Redressal: The right to seek redressal against unfair trade practice or restrictive trade practice or unscrupulous exploitation of consumers. Consumers have the right to get compensation or relief if they have been harmed due to unfair practices.
Example: Approaching a Consumer Forum to seek replacement of a defective product or compensation for damages.
6. Right to Consumer Education: The right to acquire the knowledge and skill to be an informed consumer throughout life. Consumers should be aware of their rights and how to exercise them.
Example: Government and consumer organisations running awareness campaigns about consumer rights, accessible information about legal procedures.
These rights form the foundation of consumer protection legislation and empower consumers to protect themselves in the marketplace.
Example 3. A mobile phone company launches a new model but does not provide clear instructions on how to handle the battery safely, which poses a risk of overheating. Which consumer right is being violated here?
Answer:
The Right to Safety and potentially the Right to be Informed are being violated. The lack of clear safety instructions for a potentially hazardous component violates the right to be protected from dangerous products and the right to receive complete information about the product's safe use.
Example 4. A consumer buys a television online and receives a defective piece. The online seller refuses to entertain his complaint or offer a replacement or refund. Which consumer right is being denied to the consumer?
Answer:
The Right to be Heard and the Right to Seek Redressal are being denied to the consumer. The seller is refusing to listen to his complaint and denying him the opportunity to seek a remedy for the defective product.
Consumer Responsibilities
While consumers have rights, they also have certain responsibilities to be effective in protecting themselves. Being an informed and responsible consumer contributes to a healthy marketplace.
Some important consumer responsibilities are:
1. Be Aware of Quality, Quantity, Purity, Standard, and Price: Consumers should actively seek information about the product or service before making a purchase. They should compare features, prices, and read labels carefully.
2. Be Careful About Hazardous Goods: Consumers should be aware of the risks associated with hazardous products and follow safety instructions and warnings carefully.
3. Assert Your Rights: Consumers should be aware of their rights and actively exercise them. They should not hesitate to raise their voice against unfair practices.
4. Be Honest in Your Dealings: Consumers should not engage in unfair practices themselves and should be honest in their claims and complaints.
5. File a Complaint for Grievances: If a consumer is genuinely aggrieved, they should file a complaint with the appropriate authority. Simply grumbling will not help.
6. Make a Quality Conscious Choice: Consumers should prefer standardised goods (e.g., products with ISI, Agmark, Hallmarks) as these provide assurance of quality.
7. Understand the Risk: Consumers should be aware of the risks involved in using certain products or services, especially in areas like finance or health.
8. Form Consumer Societies: Consumers should form or join consumer organisations to collectively protect their interests and educate other consumers.
9. Respect the Environment: Consumers should avoid wasting resources and prevent pollution.
10. Read Labels Carefully: Pay attention to information on price, net weight, manufacturing and expiry dates, and follow instructions for use.
11. Ask for a Cash Memo/Bill: This serves as proof of purchase and is essential for filing a complaint.
Example 5. Ms. Geeta bought a packet of sweets but did not check the expiry date mentioned on the package. After consuming them, she fell ill. What consumer responsibility did she fail to exercise?
Answer:
Ms. Geeta failed to exercise the responsibility to Be Aware of Quality... and specifically to Read Labels Carefully (checking the expiry date).
Example 6. Mr. Ajay purchased a defective mobile phone. Instead of complaining to the seller or a consumer forum, he simply tells his friends about his bad experience. What consumer responsibility is Mr. Ajay not fulfilling?
Answer:
Mr. Ajay is not fulfilling the responsibility to File a Complaint for Grievances and potentially to Assert Your Rights.