Introduction to the Consumer Protection Act 2019
In twentieth century everyone followed and accepted a thought that is “Consumer is King”.In the case of Donoghue Vs Stevenson where the manufacturer was held liable by the court for the presence of snail in the ginger beer bottle. This was the landmark judgement after which the need for legislation was realised .The Consumer protection Act is based on the doctrine of Caveat Emptor which means that it is the responsibility of the buyer to identify the defects in the goods .Need for the Act-Aim of the Act –-To provide protection of the interest of the consumers -Attempts to remove the helplessness of the consumer that they face against the powerful company .-To protect the economic interest of the consumers -The act has to be construed in favour of the consumer to achieve the purpose of the enactment as it is social benefit oriented legislation.-To make provisions for the settlement of the dispute arising -Objectives of the Act i. The act tries to promote and protect all the six rights of the consumers that includes right to safety , right to information , right to choose , right to be heard, right to redressal and right to consumer education .ii. To provide speedy disposal to the cases by providing quasi –judicial machinery for the redressal of consumer disputes .iii. To provide the redressal services at feasible cost .iv. Creating framework for consumers to seek redressal.Important Definition- 1. Consumer –-As per section 2(7) of the Consumer Protection Act is a person who purchases any goods or services or hires or avails of any service for a consideration for his own use but doesn’tinclude any person who buys any good and avail any service for resale or commercial consumer .-The explanation to this section talked about the term “commercial purpose” which does not include use of goods by person exclusively for the purpose of earning livelihood by means of self employment. It also mentions that term “buy any goods” and “hires or avails any services “includes both offline and online transactions .2. Complaint –According to section 2(6) of the Consumer Protection Act is a person who makes a complaint under this act that -an unfair conduct or unfair trade practise or restrictive trade practice has been used by a trader or service provider.-the goods or the services have defects or deficiency-the trader or service provider charged the goods or services with a price in excess of a price as mentioned by law under any act , displayed on goods or package , displayed on the price list exhibited by him or as agreed between the parties.-the selling of such goods which are hazardous to life and safety to the public in contravention of law or if the trader knows that goods are unsafe – when there is claim for product liability against manufacturer. 3. Deficiency in services –-According to the definition under Section. 2(11) of Consumer Protection Act 2019 (“the Act”), any sort of imperfection, or defect in the feature, quality, amount, worth, authenticity, its capacity or potential, and standard which is obligatory to be maintained and regulated as per the laws and statutes in function or any agreement/contract claimed by the seller, with respect to the products and goods, is known as deficiency.Willful and deliberate concealment of important information, omission or negligence of acts by seller which may lead to injury or loss to the consumer(s), also comes under the ambit of deficiency of service.Any act(s), which a prudent seller is supposed to do or is supposed to omit, but deliberately does the contrast, such actions amount to ‘deficiency of service’.
• Consumer protection councils-Under section 3 of the Consumer Protection Act it has mentioned to establish the central consumer protection council .1. Constitution – Minister in charge of the department of consumer affairs in the central government shall be the chairperson.Such member of other official or non official members as required-At least one meeting to be held every year .2. Objects of central council –To render advice on promotion and protection of the consumers rights under this act .State Consumer protection Council –-Under section 6 mandates the state government to establish state protection consumer council.1. -Constitution –Minster in charge of consumer affairs in the State Government who shall be the chairperson, such no of official or non-official members as required , such no of other official ,non official members not exceeding ten as may be nominated by the government.2. Objects – to render advice on promotion and protection of consumer rights under this actDistrict Council–Under section 8 mandates the state government to establish for every district the district consumer protection council -It is an advisory council 1. Constitution – Collector of the district (chairperson), such no of officials and non –official as may be prescribed .2. Objects –To render advice on promotion and protection of consumer rights under this Act