Chapter 11 Consumer Protection

Introduction

Every individual is a consumer, but many face issues like defective products or unfair trade practices. The Consumer Protection Act 2019, replacing the 1986 Act, strengthens consumer rights by addressing concerns like unsafe products, misleading advertisements, and overpricing, ensuring swift grievance redressal.

Example: A Raipur consumer forum fined a bank ₹2,500 for non-availability of cash in ATMs, citing deficiency in service after the petitioner provided photo and video evidence.

Importance of Consumer Protection

Consumer protection safeguards consumers from unethical practices and ensures business accountability. It addresses issues like:

From Consumers’ Perspective:

From Business Perspective:

Example: Enlightened firms set up grievance cells to address customer complaints, ensuring long-term loyalty.

Need for Consumer Protection

Consumer protection ensures:

Legal Framework for Consumer Protection

India’s legal framework includes multiple laws, with the Consumer Protection Act 2019 being the most significant. Other laws include:

The Consumer Protection Act 2019 applies to all businesses (manufacturers, traders, e-commerce) and provides speedy, inexpensive grievance redressal.

Who is a Consumer?

Under the Consumer Protection Act 2019, a consumer is someone who buys goods or avails services for personal use, with payment made or promised. It includes users of such goods/services with the buyer’s approval but excludes those obtaining goods/services for resale or commercial purposes. Covers offline and online transactions.

Example: Mrs. Mathur, who sent a jacket for dry cleaning, is a consumer as she availed a service for personal use.

Consumer Rights

The Consumer Protection Act 2019 provides six rights:

  1. Right to Safety: Protection against hazardous goods/services (e.g., ISI-marked electrical appliances).
  2. Right to be Informed: Access to complete product information (ingredients, price, expiry date).
  3. Right to be Assured: Freedom to choose from a variety of products at competitive prices.
  4. Right to be Heard: Right to file complaints and be heard (e.g., via grievance cells).
  5. Right to Seek Redressal: Relief against unfair practices, including replacement, compensation, or refunds.
  6. Right to Consumer Education: Knowledge about rights and reliefs.

Example: Mrs. Mathur exercised her right to be heard by complaining about her discolored jacket and sought redressal, receiving ₹2,500 compensation.

Consumer Responsibilities

Consumers must:

Example: Mrs. Mathur fulfilled her responsibility by filing a complaint and persisting for compensation, ensuring accountability.

Key Terms and Definitions

Ways and Means of Consumer Protection

  1. Self-Regulation by Business: Ethical firms establish grievance cells for customer redressal.
  2. Business Associations: FICCI and CII set codes of conduct for ethical dealings.
  3. Consumer Awareness: Informed consumers protect themselves (e.g., Jago Grahak Jago campaign).
  4. Consumer Organizations: Educate and advocate against malpractices.
  5. Government: Enacts laws and provides helplines (e.g., 1800114000).

Quality Certifications: ISI, FPO, Agmark, Hallmark, Eco-mark ensure product standards.

Example: The Jago Grahak Jago campaign educates consumers about their rights, empowering them against exploitation.

Redressal Agencies Under Consumer Protection Act

The Act establishes a three-tier redressal system:

Level Jurisdiction Appeal
District Commission Complaints up to ₹50 lakh Appeal to State Commission within 45 days
State Commission Complaints between ₹50 lakh and ₹2 crore Appeal to National Commission within 30 days
National Commission Complaints above ₹2 crore Appeal to Supreme Court within 30 days

The Central Consumer Protection Authority (CCPA) regulates violations, unfair practices, and misleading advertisements. Mediation is encouraged, and goods are tested for defects if needed.

Example: Mrs. Mathur’s complaint about her jacket was resolved through consumer court intervention, demonstrating the redressal process.

Relief Available

Commissions may order:

Example: A bank was ordered to pay ₹1,500 for mental harassment due to ATM cash unavailability.

Role of Consumer Organizations and NGOs

Consumer organizations and NGOs:

Example: CUTS organizes workshops to inform consumers about their rights, promoting awareness.

Sample Exercise

Short Answer Type: Question: What are the responsibilities of a consumer?

Answer: A consumer should: be aware of available goods/services, buy standardized products (e.g., ISI-marked), learn risks and use products safely, read labels, assert for fair deals, avoid dishonest practices, ask for cash memos, file complaints for substandard goods/services, form consumer societies, and respect the environment by avoiding waste.

Summary

Consumer protection safeguards consumers from malpractices like adulteration, defective goods, and misleading advertisements. It’s vital due to consumer ignorance, disorganization, and exploitation, benefiting businesses through long-term customer satisfaction, social responsibility, and avoiding government intervention. The Consumer Protection Act 2019, along with other laws, ensures legal protection. Consumers have six rights: safety, information, choice, being heard, redressal, and education. They must also fulfill responsibilities like buying standardized goods and filing complaints. Protection is achieved via self-regulation, business associations, consumer awareness (e.g., Jago Grahak Jago), consumer organizations, and government measures. A three-tier redressal system (District, State, National Commissions) and the CCPA address grievances, offering reliefs like refunds and compensation. Consumer organizations and NGOs educate, test products, and file complaints, promoting consumer interests.