In a world of markets where everyone is a consumer. Consumers are the ones who can drove the economy. So in order to protect them, various acts have been enacted. In India, the Consumer Protection Act, 2019 is one of such Act.
Who is a consumer or a customer?
A consumer is a person who buys goods or hails services. According to the Consumer Protection Act, 2019 the definition of consumer is not limited to just buying goods and services but it also includes –
1. Any person who uses the goods or services with the approval of the buyer is a consumer.
2. Person buying goods or hails services for self-employment is a consumer.
But a person who obtains goods for resale or commercial purposes is not a consumer.
How consumer rights can be enforced?
Consumer Protection Act, 2019 has laid down certain rights to consumers, these rights are as follows:
1. The right to information – Consumers have the right to truthful information. Information should not have an ill purpose and shouldn’t be incorrect.
2. The right to assurance – Assurance of qualitative goods and services. Consumers also have the right of assurance of the variety of commodities and services at their disposal.
3. The right to consumer education – Consumers should also receive the right to get the education on the consumers to do and don’t do. This is a very informative and knowledgeable right at the disposal of the consumers.
4. The right to seek redressal– Upset consumers who have been a victim of exploitation can take the matter to redressal agencies and file a suit against the insensitive seller.
5. The right to be heard – Every consumer has the right to be heard after being exploited. The consumer can approach the court if the company doesn’t hear.
Under Section 2(6) of the Consumer Protection Act, 2019 the complainant can obtain relief with respect to the following complaint, such as –
(a) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;
(b) the goods bought by him or agreed to be bought by him suffer from one or more defects;
(c) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;
(d) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price
(e) the goods, which are hazardous to life and safety when used, are being offered for sale to the public
(f) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;
(g) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be.
6. Right to protection – There are three dispute redressal forum and on the basis of the below mentioned territorial the pecuniary jurisdiction, complaints can be filed –
A. District Forum:
At the district level, there is a district consumer dispute redressal commission or district forum. Complaints can be filed at district forum within whose jurisdiction any of parties resides or in case cause of action arose. The district forum entertains only those matters where total value of the goods or services or damages sought are not exceeding one crore.
B. State Forum:
At the state level, there is a state consumer dispute redressal commission or state commission. Each state consumer redressal forum entertains complaints of those parties who resides within the respective jurisdiction of the commission or in case cause of action or in case cause of action arose in respective jurisdiction of the state. The state forum entertains only those matters where total value of the goods or services or damages sought are between from 1 crore to 10 crores. And as per section 48 of Consumer Protection Act,2019, on the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires.
C. National Forum:
At the national level, there is national consumer dispute redressal commission. The forum entertains only complaints where total value of goods or services or damages claimed is more than 10 crores rupees. It entertains complaints and appeals from orders of state consumer dispute redressal forums. It is situated in New Delhi. With reference to transfer of cases, on the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission. Appeals from the orders of national commission shall lie with the Supreme Court of India within a period of thirty days from the date of the order.
District forum the commission consists of a President and two members where as in case of state and national forum, the commission is consists of a President and four other members.
This article has been written by Niharika Singh, 2nd year BBA LLB student at GIBS, Rohini.
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