Role of Consumer Protection Act | Right of Consumers in India
Keywords:- Consumers, Consumer Protection, India, Consumer Rights
AUTHOR: SONALI SINGH
INTRODUCTION
The Consumer Protection Statute (CPA) of 2019 superseded the 1986 Act. It is a landmark piece of legislation which ensures that justice is delivered in a more timely, convenient, and user-friendly manner. This statute intends to resolve complaints about non-standard goods and inadequate services that are promised but not delivered. This Act aims to provide justice through quasi-judicial forums such as the Dispute Settlement System at the national, state, and district levels as well as an alternative dispute resolution system.
The Central Consumer Protection Authority (CCPA) was established as part of the 2019 Act. Which also included rules for the new tech-driven economy. The statute recognizes the importance of consumer activism and education in the consumer protection regime. The Act, through its succeeding provisions, is also attempting to establish more legal nodes in many industries. So that more nodal personnel are available to address people’s grievances.
A consumer is an important market participant. Consumer rights must be maintained in cases of consumer exploitation. According to the regulatory Consumer Protection Act of 1986, there are six consumer rights. This lesson explains the notion of consumer protection and the definition of rights in simple terms.
Who is a Consumer?
A consumer is a person who purchases a product or service for his or her consumption rather than for resale. In the market, consumers play a vital role. All of the customers and producers of a good or service make up the market for that good or service. Producers will be unable to give the goods if there is no consumer.
Consumer exploitation, on the other hand, is a common occurrence. Consumers are frequently offered less than the actual weight of food, and many stores sell uncertified products. A lot of times, the consumer gets charged more than the market price. As a result, consumer protection plays a significant role.
SCOPE OF THIS ACT
The Consumer Protection Act is not domain-specific. It applies to almost every industry in which a consumer pays for something.
Such as electricity, medical services, insurance, commerce, banking transactions, real estate, telecommunications companies, fast-moving consumer goods (FMGC), tourism and hospitality, and so on.
All of the aforementioned domains are also governed by regulations that are developed from time to time for effective governance, and various laws refer to CPA.
Consumer Protection Act, 1986
Consumer Rights refer to the right to know about the quality, potency, quantity, purity, price and standard of goods and services. Every consumer must understand their rights. Even though India has strong and clear consumer protection legislation, the position of Indian consumers may be termed catastrophic. The CPA is the most important of the several laws enacted in India to safeguard consumer rights. According to this law, individuals, firms, Hindu undivided families, and companies all have the right to use their consumer rights to buy products and services made by them. A consumer needs to be aware of his or her fundamental rights.
The following is a list of consumer rights in India:
- Right to be protected from all types of hazardous goods and services.
- The right to be fully informed about the performance and quality of all goods and services.
- The freedom to select the items and services you desire.
- In all consumer-related decision-making processes, the right to be heard.
- When a consumer’s rights are violated, he or she has the right to seek remedies.
- Consumer education is a legal requirement.
The Consumer Protection Act of 1986, as well as other pieces of legislation like the Weights, Standards, and Measures Act, can be crafted to ensure fair market competition. As well as the free flow of accurate information from product and service suppliers to consumers. The Ministry of Consumer Affairs, Food, and Public Distribution has established the Department of Consumer Affairs as the nodal organization for protecting consumer rights. Resolving consumer grievances, and promoting standards governing goods and services in India. As a result of the Indian government’s recognition of the plight of Indian consumers.
The following is a concise summary of all consumer rights:
Right to Safety
According to the Consumer Protection Act of 1986, the consumer right is defined as the “right to be protected from the marketing of goods and services that are detrimental to life and property”. It covers some industries such as healthcare, pharmaceuticals, and food processing. But it also covers any domain that has a substantial impact on a consumer’s health or well-being, such as autos, housing, domestic appliances, travel, and so on.
Right to Information
The right to information is defined as “the right to be informed about the quality, amount, potency, purity, standard, and price of goods or services, as the case may be. To safeguard the customer from unfair business practices,” according to the Customer Protection Act of 1986. Advertising and word of mouth are the two main sources of information for Indian consumers. Although both of these sources are considered untrustworthy, word of mouth is still commonly used in India. As a result, Indian consumers rarely have precise and thorough information to assess a product’s true value, safety, compatibility, or dependability. Hidden costs, inadequacy, quality concerns, and safety hazards are frequently revealed only after a product has been acquired. On paper, the Indian government asserts a different entitlement.
Right to Choose
Right to Choose is defined as “the right to be assured, whenever practical, of having access to a variety of goods and services at competitive prices” under the CPA of 1986. To govern the market sector, only one thing is required: competition. Consumerism has been demonstrated to suffer as a result of cartels, oligopolies, and monopolies. Natural resources, the liquor industry, telephones, aeroplanes, and other industries are all influenced to some extent by the mafia. Indian consumers are naturally predisposed to tolerate monopolistic markets due to their socialist past.
Right to be Heard
The Consumer Protection Act of 1986 defines the right to be heard as “the right to be heard and to be assured that consumer interests will be adequately considered at appropriate forums”. This right empowers Indian consumers by allowing them to express their grievances and issues without fear of retaliation. As well as to raise their voices against products or corporations, ensuring that their concerns are heard and addressed promptly.
Right to Redressal
The right to redress is defined by the Consumer Protection Act of 1986 as the right to seek remedy against unfair business practices, restricted trade practices, or unethical exploitation of customers. The Indian government has fared a little better in this regard. Consumer courts such as District Consumer Disputes Redressal Forums, State Consumer Disputes Redressal Commissions, and National Consumer Disputes Redressal Commissions were formed by the Consumer Protection Act.
Right to Consumer Education
Every Indian person has the right to obtain instruction on consumer protection concerns as well as his or her rights under the Consumer Protection Act of 1986. Consumers in the country will have easy access to instructional programs and materials that will assist them to make better purchasing selections than previously. Consumer education encompasses both formal education delivered through college and school curricula, as well as consumer awareness efforts carried out by both non-governmental and governmental organizations.
ISSUES AND NEW TRENDS
Cybercrime and monetary fraud are on the rise as a result of sophisticated technology. Misleading advertising is a major issue, as we see celebrities advocate even non-legal tenders, convincing many people to invest. Product standardization is still a work in progress that will take years to complete. Prices of services and products are another grey area that has received little attention. For example, auto-rickshaw drivers are still not required to use meters as a norm, and the general public is not obliged to fight before every trip they take.
When visiting a new state and travelling during peak season. Exorbitant prices are charged by everyone from the hotel to the auto-rickshaw driver; these are real-life difficulties. We need a system in place where complaints can be heard right away and solved. We must confess that many problems go overlooked, resulting in people losing their riches and receiving subpar services. No one wants to get mixed up in legalities and processes. India is one of the world’s fastest-growing e-markets. Because of the country’s large population and the fact that India produces the most unicorns, the country requires a strong legal framework. The online availability of event health-related products and services, virtual shopping of goods and services, and loan applications are all expanding as a result of the covid-19 epidemic.
SOLUTION
A technological problem necessitates both a technical solution and skill. If the economy is not to suffer, the speed with which justice is disseminated must be modernized using new means and technology. Modern equipment is required for governance to become modern. We need speedier innovations, and one size does not fit all. Methods in pilot project modes should be allowed, and depending on their success, they should be deployed elsewhere, because technology is developing at a breakneck pace. Methods that are specific to a given region should be encouraged. Also, manpower should be increased. For example, a tourist location should have an official who is always accessible so that customers may get their complaints resolved quickly.
CHANGE IS REQUIRED
The Kamlesh Moses vs. Safdarjung Hospital ruling has to be reconsidered. The consumer courts must include hospitals that give free services in their jurisdiction because some cannot afford it due to financial incapacity, and everyone has the right to health. Also, because public hospitals are funded by taxpayers and are effectively paid out of people’s pockets. There appears to be no reason why they should not be covered by consumer protection laws. The categorization itself appears arbitrary, depriving many people of the right to profit from a law.
CONCLUSION
The legislation has solved numerous difficulties over time by resolving matters without becoming bogged up in legal subtleties, but it has also become burdensome, with a significant time gap between filing and disposal. We need to think outside the box. Consumers must be made aware that they expect the best service possible for every dollar they spend. We can only achieve this if we have a reliable system in place that operates 24 hours a day, seven days a week, and operates under the motto “the customer is king,” without discriminating based on the consumer’s financial capacity because the act does not establish a minimum threshold for filing complaints.
Even today, complaining about a mistake and subsequently participating in the corrective procedure is more expensive than finding a new service provider or purchasing new products, and this situation should change. Time is money, and the trend of consumer forums taking as long as Indian courts are worrying, necessitating an immediate shift in the legislative framework.
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