CONSUMER PROTECTION

CONSUMER PROTECTION 

Author:- NANDINI MAHESHWARI, a Student of SAGE UNIVERSITY, INDORE

INTRODUCTION 

The consumer protection act, 2019 replaced the consumer protection act, 1986. Consumer protection is a crucial aspect of maintaining a fair and balanced marketplace. It aims to ensure that individuals are protected from deceptive practices, fraud, and misleading information when engaging in commercial transactions. This article will provide an overview of consumer protection laws and their significance in safeguarding consumer rights. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufacturers practice any illegal trade, this act protects their rights as a consumer. In simple terms consumer protection is a selection of laws that protect individual consumers against unfair selling practices for goods, services and digital content.

WHO IS CONSUMER 

Consumer is defined as a person who buys any goods or avails a service for a consideration. It does not include a person who obtained a good for resale or a good or service for commercial purpose. According to section 2(7) of consumer protection act 2019 defines a consumer as any person who buys goods or services in exchange for consideration and utilises such goods and services for personal use and for the purpose of resale or commercial use. 

BASIC RIGHTS OF THE CONSUMER 

1. RIGHT TO BE PROCTECTED:-

The right to be protected protects consumers against marketing products, goods or services that are hazardous to property and life. It gives consumers the right to insist on the goods guarantee and quality before purchasing.  

2. RIGHT TO BE INFORMED:- 

Right to be informed provides that the customers must be informed about the quality, standard, purity, potency and the price of the products, goods and services to protect the consumers against the unfair trade practices. The seller and manufacturers should give all the information required to the consumer and must mention the relevant information on the label and package of the product.

3. RIGHT TO CHOOSE :-

It gives the right to access various products, goods or services at competitive prices (fair price). The seller, retailer or trader cannot force consumer to buy any product of a specific brand.

 

4. RIGHT  TO BE HEARD:-

The consumers can file a complaint in case of unfair trade practices by seller in appropriate forums. The consumer will have adequate means to raise their issues in the relevant forum, and their interests will be considered.

5. RIGHT TO REDRESSAL:-

Consumers have the right to be redressal against restrictive trade practices, unfair trade practices and also include the right to an affair resolution of a consumer’s grievances. Consumer can file a complaint when they have a legitimate grievance and can also seek redressal of their problem with the support of various consumers.

6. RIGHT TO CONSUMER EDUCATION :-

Consumer should be aware of their rights to avoid exploitation. Consumer has the right to acquire the required skills and knowledge to be an informed consumer. The government has also introduces consumer education to the school curriculum and university courses.

          KEY AREAS OF CONSUMER PROTECTION 

1. Product Safety: Consumer protection laws usually require manufacturers and sellers to ensure the safety of their products. This includes providing clear instructions for proper usage, disclosing any potential hazards, and issuing recalls or warnings when necessary.

2. Advertising and Marketing Practices: Consumer protection laws regulate advertising practices to prevent false or misleading claims and promote transparency. It ensures that marketing materials accurately represent the qualities, features, and benefits of the product or service being offered.

3. Consumer Contracts: Contracts between consumers and businesses often contain terms and conditions that may be unfair or exploitative. Consumer protection laws address this issue by enforcing fairness and transparency in contracts, including provisions against hidden fees, unfair cancellation policies, and overly burdensome terms.

4. Dispute Resolution: Consumer protection laws often provide mechanisms for resolving disputes between consumers and businesses. This can involve mediation, arbitration, or legal action, depending on the severity and complexity of the issue.

CONSUMER COURT 

The Consumer Protection Act, 2019, provides for establishing Consumer courts or consumer forums to protect and enforce consumer rights. The Act provides for establishing redressal agencies at the district, state and national levels for quick redressal against consumer complaints.

The district commission deals with complaints where the value of goods or services is below Rs.1 crore. The state commission deals with appeals from the orders passed by the district commission and complaints where the value of goods or services is above Rs.1 crore but below Rs.10 crore. The national commission entertains complaints where the value of goods and services exceeds Rs.10 crore.

CONCLUSION

Consumer protection laws serve as a vital safeguard against exploitation and unfair practices in the marketplace. They empower consumers to make informed decisions, protect their interests, and seek remedies if they encounter problems. It is essential for individuals to be aware of their rights and leverage these laws to ensure a fair and secure consumer experience. Knowledge is power when it comes to protecting yourself as a consumer. Stay informed, be vigilant, and exercise your rights.