Sayani Banerjee | Symbiosis Law School, Hyderabad | 21st August 2020
12 Interesting Facts you should know about Consumer Rights
CONSUMER PROTECTION ACT, 2019
The Consumer Protection Bill, 2019 was introduced in the Lok Sabha by the Minister of Consumer Affairs, Food and Public Distribution on 8th July 2019.[i] It was soon passed by both the houses and received the President’s assent. The Act came into effect by 20th July 2020 replacing the Consumer Protection Act, 1986.[ii]
WHO IS A CONSUMER?
According to Section 2(7) of Consumer Protection Act, 2019[iii], a “consumer” is defined as a person who buys any goods or avails a service for a consideration. It does not include a person who obtains a good for resale or a good or service for commercial purpose. For example, a person buying milk from the shop for personal use is termed as a consumer whereas, a person buying the milk for making sweets which he is going to sell in his shop is not a consumer.
It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.
RIGHTS OF THE CONSUMERS
Previously, there were a total of seven Consumer Rights which have been defined in the Consumer Protection Act, 1986. [iv] After the enactment of the Consumer Protection Act, 2019, five new rights were introduced to the existing ones.[v]
12 Interesting Facts you should know about Consumer Rights
1. YOU CAN REMAIN PROTECTED FROM HAZARDOUS GOODS
Every consumer has the right to be protected against the marketing of goods which are hazardous to life and property. There are various risks involved in the consumption and use of products such as food, drugs, toys, electrical appliances, etc. For example, gas cylinder if not sealed properly, may cause injury to life or even death. The consumers have the right to get protection against such risks.
Products should not cause any physical danger to the consumers or put them in difficulty due to any reason. Consumers must have assurance regarding quality, reliability, and performance. There are so many common household items now available to consumers that contain potentially harmful substances. For example, artificial colours in food products can damage the liver. With the advancement of science and technology, consumer products have become highly complex and intricate. Therefore, responsibility for their safety should be fixed on producers and distributors.
2. YOU CAN KNOW ALL THE PRODUCT INFORMATION
Every consumer has the right to get informed about all the features of the product or services such as quality, quantity, potency, purity, standard and prices of the goods he intends to purchase.
It is the duty of the manufacturer and seller to provide all the information about a) the product including its ingredients, date of manufacture, technical specifications, etc. b) the precautions, if any, to be taken in the use and maintenance of the product, c) strength, durability, serviceability and reuse value of the product, d) the side effects and risks in the use of the product, etc. Such information should enable the consumer to intelligently exercise his decisions to buy a product. The right to information is meant to protect the consumer from deceptive advertising, misleading labelling and warranties, etc.
3. YOU CAN CHOOSE YOUR PRODUCT AND NEGOTIATE THE PRICE
Every consumer has a right to choose the product or services of his choice. The seller has no right to force the consumer to buy the particular product of any brand. There should be freedom to choose from alternative products. This requires free competition in the market. If enough varieties of products at competitive prices are available in the market, consumers have the opportunity to make a free choice.
There is an interesting fact which most of the consumer don’t know is that consumer can do bargain on the mentioned MRP as this price is fixed by the producer only and there is no interference of government.
4. YOU CAN VOICE YOUR COMPLAINTS
It is referred to as the right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate forums. This right was introduced for a consumer in order to ensure that all the complaints and issues of the consumers are heard duly under the appropriate authority. It is because of this right that almost all the big selling companies have a separate department known as the customer service to help the consumers in case of any dispute or any complaint regarding the quality or quantity of the product.
5. YOU CAN SEEK REDRESSAL
This right provides that consumer has a right to get compensation or seek redressal against unfair trade practice or restricted trade practices. Compensation may be in the form of money or replacement of the good as per the demand or satisfaction of the customer. There are consumer forums at the district, state, and national levels to deal with the cases of consumer protection.
6. YOU CAN SEEK CONSUMER EDUCATION
It is the right of each and every person who is a citizen of India to have knowledge about all the laws and policies relating to the consumer. This will help to make the consumers conscious and protect themselves against frauds by businessmen. An ignorant consumer cannot escape cheating and may not come forward to seek redressal against malpractices by sellers.
Many awareness programs have been organized by the government of India such as ‘Jago Grahak Jago’, etc. to educate the people of the remote areas on the Consumer Protection laws.
7. YOU CAN SEEK A HEALTHY ENVIRONMENT
Consumers have the right to be protected against environmental pollution so as to improve the quality of life. This right includes protection against degradation of the environment. Non-renewable resources of the country need to be conserved for future generations.
8. YOU CAN FILE A COMPLAINT FROM ANYWHERE
According to this new right, consumers can now file a complaint with the District Consumer Commission or State Consumer Commission from anywhere, home, office or while on a weekend trip. Presently, the consumers are required to file a case only at the place where the product was purchased or where the seller of the product has his registered office. The consumer affairs ministry will now frame rules for electronic filing of complaints and specify norms for paying the required fee digitally. This will reduce harassment of consumers to a great extent.
9. YOU CAN SEEK COMPENSATION UNDER PRODUCT LIABILITY
Any complainant can file a case against the manufacturer or seller of a product for any loss caused to the complainant on account of a defective product, which applies to all services. If there is a manufacturing defect or the product in question does not conform to the express warranty the manufacturer or the seller will be held liable. This provision brings e-commerce under its ambit.
10. YOU CAN GET PROTECTION AS A CLASS
If you have a complaint that relates to a violation of consumer rights or unfair trade practices or misleading advertisements that are prejudicial to the interests of consumers as a class, you can do two things. Forward the complaint in writing or in electronic mode to district collector or the commissioner of regional office or the Central Consumer Protection Authority (CCPA) for a class action.
11. YOU CAN SEEK A HEARING USING VIDEO CONFERENCING
According to this, any complaint will be presented before the district commission based on an affidavit and documentary evidence placed before it. If an application has been forwarded by a consumer for hearing through video conference, the commission can allow for this provision.
12. YOU CAN KNOW WHY A COMPLAINT WAS REJECTED
No commission can reject a complaint without hearing the complainant. The commission, in fact, must decide about admitting or rejecting a complaint within 21 days, by which if it is not decided then the complaint is deemed as having been admitted.
[i] “Consumer Protection Bill, 2019”, PRS India.
Available at: https://www.prsindia.org/billtrack/consumer-protection-bill-2019
[ii] http://egazette.nic.in/WriteReadData/2019/210422.pdf
[iii] Section 2(7) of Consumer Protection Act, 2019
[iv] http://www.jagograhakjago.com/consumer-rights/
[v] “5 new consumer rights that every citizen of India should know”, India Today, August 13, 2019
Available at: https://www.indiatoday.in/education-today/gk-current-affairs/story/5-new-consumer-rights-india-consumer-protection-bill-divd-1580371-2019-08-13
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