Consumer Rights under Consumer Protection Act, 2019- Remedies and Interpretation
Consumer Rights under Consumer Protection Act, 2019- Remedies and Interpretation
Consumer Rights under Consumer Protection Act, 2019- Remedies and Interpretation
Introduction
The current market, particularly on the internet, can afford not to notice the ease with which the vulnerable minds fall prey to dubious tactics such as flashy advertisements, substandard products or shoddy services. Nowadays we are frequently ordering through e-commerce platforms like-Amazon, Flipkart etc, and spending through digital wallets nowadays. Even browsing through social media platforms like- Instagram or Facebook etc which have also became a prominent platform for advertisement. Which means that we are getting exposed to how companies attempt to drag our weight in their new forms of sales tactics. In response to the challenges posed by this rapidly expanding and highly competitive market, the Consumer Protection Act of 2019 was enacted to replace the previous framework established in 1986, which lacked provisions addressing contemporary consumer rights and e-commerce regulation.
It is formulated in such a way that the trade system will be more open, make businesses more responsible and resolve consumer disputes efficiently. Put simply, the Consumer Protection Act, 2019, helps maintain consumer confidence in the marketplace, which in turn supports greater financial well-being for all.
How does the Consumer Protection Act, 2019 define consumer and safeguards their rights?
The Consumer Protection Act, 2019, defines in its section 2(7) and 2(9), about the types of consumers and their rights. Section 2(7) states that a consumer is any person who purchases goods or services, with a price paid, which in part, or also promised to be paid, online and face to face. It does not include those individuals who purchases goods to sell them forward. For ex- A purchases a smartphone for his personal use then he is a consumer, however if he sells that smartphone forward to another person then he is a retailer.
The section 2(9) of Consumer Protection Act, 2019 talks about the six core provisions for consumers which are:-
1. Entitlement to hazard-free goods and services- “Consumers have the right to be protected against goods and services that are hazardous to life and property”.
2. Entitlement to disclose information about products- “Consumers have the right to receive complete and correct information about the quality, quantity, price, and standards of goods or services”.
3. Free will to choose from a range of products at reasonable prices- “Consumers have the right to access a wide range of goods and services at competitive and reasonable prices”.
4. Right to seek redress and hear- “Consumers have the right to seek compensation or relief against unfair trade practices or exploitation”.
5. Consumer education and awareness- “Consumers have the right to be educated about their rights, responsibilities, and remedies under consumer law”.
6. Central Consumer Protection Authority (CCPA)- The Central Consumer Protection Authority (CCPA) is a statutory body established to protect consumer rights and prevent unfair trade practices, misleading advertisements, and consumer exploitation.
The Act enumerates six major consumer rights that consumer must be aware of. They are concerned with all the various risks, and together, they ensure fair practices in the market.
More over the various aspects of The Consumer Protection Act in the modern world can be understood through these landmark judgements mentioned below:
1. V.P. Shantha v. Indian Medical Association (1995) 6 SCC 651.
Facts of the case:
The dispute arose when patients filed complaints alleging medical negligence against doctors and hospitals under the Consumer Protection Act, 1986. The Indian Medical Association challenged the maintainability of such complaints, arguing that medical services were not “services” under the Act and that doctors should not be subjected to consumer jurisdiction. The core factual background involved treatment provided by medical professionals where patients claimed deficiency in service and sought remedies before consumer forums. Later the dispute reached the Supreme Court to determine whether patients could be treated as “consumers” and whether medical practitioners and hospitals could be held liable under consumer law.
Issue: In essence, the issue was whether medical services or not are considered as services in the Consumer Protection Act, 1986.
Judgment: The Supreme Court declared that medical services charged on a fee are actually services, hence patients may actually make negligence complaints. It is a case that essentially introduced consumer protection into the healthcare field as a wake-up call that all doctors must not just compromise their standards.
2.) Harsolia Motors v. National Insurance co. Ltd. (2023) 8 SCC 362.
Issue: The gist of the matter was whether the insurance policy of a business might be considered a consumer service.
Judgment: The Court made it clear that when your business is protected by the insurance, and you are not making a profit on it, then it is regarded as a consumer service. It reveals the fact that consumer protection does not only apply to an individual consumer; a company that takes insurance on their behalf is covered as well.
3.) Cadbury India Ltd. v. Consumer (2015) 3 CPJ 264.
Facts of the case:
The complainant purchased a Cadbury chocolate from a retail shop. After opening the sealed packet, the consumer discovered worms/insects inside the chocolate, making it unfit for human consumption. The consumer alleged that the chocolate was defective and caused mental agony and health risk.
A complaint was filed before the Consumer Forum against Cadbury India Ltd., the manufacturer, claiming defective goods and deficiency in service under the Consumer Protection Act, 1986.
Judgment: The company was found guilty and had to raise its standards of packaging and safety.
These judgments are an indication of the growth in the courts and their interpretation of consumer rights, in order to keep pace with market evolution. Practical Relevance -Real-Life Application.
The new law is designed to be somewhat plugged into digital technology, providing us with a means of delivering justice even quicker, as well as with a wider awareness scope.
The most interesting aspect of the Act is the E-Dakhil portal which allows consumers to submit complaints online, without necessarily attending a commission offline. It also reduces the expenses, makes things quicker, and enhances transparency. It is completely consistent with the expanding digital landscape in India. Central Consumer Protection Authority (CCPA). The CCPA acts like a watchdog. And performs duties like:
Research malpractice in trade.
Recall of products that are faulty or disposing of dangerous products on shelves.
Fine manufacturers and endorsers of misleading advertisements.
These power will ensure that action will be taken immediately, as opposed to a drawn-out lawsuit. In case of product liability under the act, every person can be liable in the event of someone being injured due to a faulty product by the seller and/or distributor, as well as by service providers. This makes it a challenge for all those in the supply chain to give safety and quality serious consideration.
Conclusion:
There is nothing in this world that is not fueled by competition, profit, and exploitative advertisement. As consumers, we are powerful, and at the same time, we are easily deceived. The Consumer Protection Act, 2019, is important for this reason. It safeguards us and renders trade fair, honest, and transparent. Having studied the examples of law and court decisions, it is possible to state that the biggest consumer of legal justice is not the law alone, but every well-informed and active consumer.
The digital rights under the 2019 Act were updated. Contrary to the previous legislation of 1986, it includes online shopping, e-commerce, and online payments. The E-Daakhil Portal is one of its most practical ideas, as individuals have the possibility to file complaints anywhere online. This will conserve time, money, and effort, and it accelerates the process and makes it open and transparent.
The other big enhancement is the Central Consumer Protection Authority (CCPA). This organ monitors unfair trade, false advertising, and unsafe products. It also puts big companies into the frame. Indicatively, the Cadbury India case (2015) is one of the companies that had to pay a fine following the discovery of maggots in its chocolate. This demonstrated that health and safety cannot be ignored by any brand. The CCPA is able to recall defective goods, penalise deceitful advertisers, and impose truthful marketing.
The Act introduced product liability, which refers to the situation when a defect causes harm to a person, then the maker, the seller, the distributor, and the service provider are all likely to be held accountable. Another provision of the Act provides a three-level redress system the District, State, and National Commissions, through which complaints are addressed depending on the amount of loss. The structure facilitates simplicity in the resolution of disagreements and promotes belief in fairness.
Beyond laws, awareness is the key. Six principal rights, namely safety, information, choice, hearing, redress, and education, are taught through campaigns such as the “Jago Grahak Jago” and the education of consumers in schools and colleges. These give people the capability to demand decent treatment and blame markets.
To sum up, the Consumer Protection Act, 2019, is not merely a law; it is a social movement that empowers people to combat exploitation and unjust trade.
[1] (1995) 6 SCC 651.
[2] (2023) 8 SCC 362.
[3] (2015) 3 CPJ 264.
Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy, reliability, and completeness of the information provided, ClearLaw.online, the author, and the publisher disclaim any liability for errors, omissions, or inadvertent inaccuracies. Readers are strongly advised to consult a qualified legal professional for guidance on any specific legal issue or matter.
Introduction
The current market, particularly on the internet, can afford not to notice the ease with which the vulnerable minds fall prey to dubious tactics such as flashy advertisements, substandard products or shoddy services. Nowadays we are frequently ordering through e-commerce platforms like-Amazon, Flipkart etc, and spending through digital wallets nowadays. Even browsing through social media platforms like- Instagram or Facebook etc which have also became a prominent platform for advertisement. Which means that we are getting exposed to how companies attempt to drag our weight in their new forms of sales tactics. In response to the challenges posed by this rapidly expanding and highly competitive market, the Consumer Protection Act of 2019 was enacted to replace the previous framework established in 1986, which lacked provisions addressing contemporary consumer rights and e-commerce regulation.
It is formulated in such a way that the trade system will be more open, make businesses more responsible and resolve consumer disputes efficiently. Put simply, the Consumer Protection Act, 2019, helps maintain consumer confidence in the marketplace, which in turn supports greater financial well-being for all.
How does the Consumer Protection Act, 2019 define consumer and safeguards their rights?
The Consumer Protection Act, 2019, defines in its section 2(7) and 2(9), about the types of consumers and their rights. Section 2(7) states that a consumer is any person who purchases goods or services, with a price paid, which in part, or also promised to be paid, online and face to face. It does not include those individuals who purchases goods to sell them forward. For ex- A purchases a smartphone for his personal use then he is a consumer, however if he sells that smartphone forward to another person then he is a retailer.
The section 2(9) of Consumer Protection Act, 2019 talks about the six core provisions for consumers which are:-
1. Entitlement to hazard-free goods and services- “Consumers have the right to be protected against goods and services that are hazardous to life and property”.
2. Entitlement to disclose information about products- “Consumers have the right to receive complete and correct information about the quality, quantity, price, and standards of goods or services”.
3. Free will to choose from a range of products at reasonable prices- “Consumers have the right to access a wide range of goods and services at competitive and reasonable prices”.
4. Right to seek redress and hear- “Consumers have the right to seek compensation or relief against unfair trade practices or exploitation”.
5. Consumer education and awareness- “Consumers have the right to be educated about their rights, responsibilities, and remedies under consumer law”.
6. Central Consumer Protection Authority (CCPA)- The Central Consumer Protection Authority (CCPA) is a statutory body established to protect consumer rights and prevent unfair trade practices, misleading advertisements, and consumer exploitation.
The Act enumerates six major consumer rights that consumer must be aware of. They are concerned with all the various risks, and together, they ensure fair practices in the market.
More over the various aspects of The Consumer Protection Act in the modern world can be understood through these landmark judgements mentioned below:
1. V.P. Shantha v. Indian Medical Association (1995) 6 SCC 651.
Facts of the case:
The dispute arose when patients filed complaints alleging medical negligence against doctors and hospitals under the Consumer Protection Act, 1986. The Indian Medical Association challenged the maintainability of such complaints, arguing that medical services were not “services” under the Act and that doctors should not be subjected to consumer jurisdiction. The core factual background involved treatment provided by medical professionals where patients claimed deficiency in service and sought remedies before consumer forums. Later the dispute reached the Supreme Court to determine whether patients could be treated as “consumers” and whether medical practitioners and hospitals could be held liable under consumer law.
Issue: In essence, the issue was whether medical services or not are considered as services in the Consumer Protection Act, 1986.
Judgment: The Supreme Court declared that medical services charged on a fee are actually services, hence patients may actually make negligence complaints. It is a case that essentially introduced consumer protection into the healthcare field as a wake-up call that all doctors must not just compromise their standards.
2.) Harsolia Motors v. National Insurance co. Ltd. (2023) 8 SCC 362.
Issue: The gist of the matter was whether the insurance policy of a business might be considered a consumer service.
Judgment: The Court made it clear that when your business is protected by the insurance, and you are not making a profit on it, then it is regarded as a consumer service. It reveals the fact that consumer protection does not only apply to an individual consumer; a company that takes insurance on their behalf is covered as well.
3.) Cadbury India Ltd. v. Consumer (2015) 3 CPJ 264.
Facts of the case:
The complainant purchased a Cadbury chocolate from a retail shop. After opening the sealed packet, the consumer discovered worms/insects inside the chocolate, making it unfit for human consumption. The consumer alleged that the chocolate was defective and caused mental agony and health risk.
A complaint was filed before the Consumer Forum against Cadbury India Ltd., the manufacturer, claiming defective goods and deficiency in service under the Consumer Protection Act, 1986.
Judgment: The company was found guilty and had to raise its standards of packaging and safety.
These judgments are an indication of the growth in the courts and their interpretation of consumer rights, in order to keep pace with market evolution. Practical Relevance -Real-Life Application.
The new law is designed to be somewhat plugged into digital technology, providing us with a means of delivering justice even quicker, as well as with a wider awareness scope.
The most interesting aspect of the Act is the E-Dakhil portal which allows consumers to submit complaints online, without necessarily attending a commission offline. It also reduces the expenses, makes things quicker, and enhances transparency. It is completely consistent with the expanding digital landscape in India. Central Consumer Protection Authority (CCPA). The CCPA acts like a watchdog. And performs duties like:
Research malpractice in trade.
Recall of products that are faulty or disposing of dangerous products on shelves.
Fine manufacturers and endorsers of misleading advertisements.
These power will ensure that action will be taken immediately, as opposed to a drawn-out lawsuit. In case of product liability under the act, every person can be liable in the event of someone being injured due to a faulty product by the seller and/or distributor, as well as by service providers. This makes it a challenge for all those in the supply chain to give safety and quality serious consideration.
Conclusion:
There is nothing in this world that is not fueled by competition, profit, and exploitative advertisement. As consumers, we are powerful, and at the same time, we are easily deceived. The Consumer Protection Act, 2019, is important for this reason. It safeguards us and renders trade fair, honest, and transparent. Having studied the examples of law and court decisions, it is possible to state that the biggest consumer of legal justice is not the law alone, but every well-informed and active consumer.
The digital rights under the 2019 Act were updated. Contrary to the previous legislation of 1986, it includes online shopping, e-commerce, and online payments. The E-Daakhil Portal is one of its most practical ideas, as individuals have the possibility to file complaints anywhere online. This will conserve time, money, and effort, and it accelerates the process and makes it open and transparent.
The other big enhancement is the Central Consumer Protection Authority (CCPA). This organ monitors unfair trade, false advertising, and unsafe products. It also puts big companies into the frame. Indicatively, the Cadbury India case (2015) is one of the companies that had to pay a fine following the discovery of maggots in its chocolate. This demonstrated that health and safety cannot be ignored by any brand. The CCPA is able to recall defective goods, penalise deceitful advertisers, and impose truthful marketing.
The Act introduced product liability, which refers to the situation when a defect causes harm to a person, then the maker, the seller, the distributor, and the service provider are all likely to be held accountable. Another provision of the Act provides a three-level redress system the District, State, and National Commissions, through which complaints are addressed depending on the amount of loss. The structure facilitates simplicity in the resolution of disagreements and promotes belief in fairness.
Beyond laws, awareness is the key. Six principal rights, namely safety, information, choice, hearing, redress, and education, are taught through campaigns such as the “Jago Grahak Jago” and the education of consumers in schools and colleges. These give people the capability to demand decent treatment and blame markets.
To sum up, the Consumer Protection Act, 2019, is not merely a law; it is a social movement that empowers people to combat exploitation and unjust trade.
[1] (1995) 6 SCC 651.
[2] (2023) 8 SCC 362.
[3] (2015) 3 CPJ 264.
Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy, reliability, and completeness of the information provided, ClearLaw.online, the author, and the publisher disclaim any liability for errors, omissions, or inadvertent inaccuracies. Readers are strongly advised to consult a qualified legal professional for guidance on any specific legal issue or matter.
Introduction
The current market, particularly on the internet, can afford not to notice the ease with which the vulnerable minds fall prey to dubious tactics such as flashy advertisements, substandard products or shoddy services. Nowadays we are frequently ordering through e-commerce platforms like-Amazon, Flipkart etc, and spending through digital wallets nowadays. Even browsing through social media platforms like- Instagram or Facebook etc which have also became a prominent platform for advertisement. Which means that we are getting exposed to how companies attempt to drag our weight in their new forms of sales tactics. In response to the challenges posed by this rapidly expanding and highly competitive market, the Consumer Protection Act of 2019 was enacted to replace the previous framework established in 1986, which lacked provisions addressing contemporary consumer rights and e-commerce regulation.
It is formulated in such a way that the trade system will be more open, make businesses more responsible and resolve consumer disputes efficiently. Put simply, the Consumer Protection Act, 2019, helps maintain consumer confidence in the marketplace, which in turn supports greater financial well-being for all.
How does the Consumer Protection Act, 2019 define consumer and safeguards their rights?
The Consumer Protection Act, 2019, defines in its section 2(7) and 2(9), about the types of consumers and their rights. Section 2(7) states that a consumer is any person who purchases goods or services, with a price paid, which in part, or also promised to be paid, online and face to face. It does not include those individuals who purchases goods to sell them forward. For ex- A purchases a smartphone for his personal use then he is a consumer, however if he sells that smartphone forward to another person then he is a retailer.
The section 2(9) of Consumer Protection Act, 2019 talks about the six core provisions for consumers which are:-
1. Entitlement to hazard-free goods and services- “Consumers have the right to be protected against goods and services that are hazardous to life and property”.
2. Entitlement to disclose information about products- “Consumers have the right to receive complete and correct information about the quality, quantity, price, and standards of goods or services”.
3. Free will to choose from a range of products at reasonable prices- “Consumers have the right to access a wide range of goods and services at competitive and reasonable prices”.
4. Right to seek redress and hear- “Consumers have the right to seek compensation or relief against unfair trade practices or exploitation”.
5. Consumer education and awareness- “Consumers have the right to be educated about their rights, responsibilities, and remedies under consumer law”.
6. Central Consumer Protection Authority (CCPA)- The Central Consumer Protection Authority (CCPA) is a statutory body established to protect consumer rights and prevent unfair trade practices, misleading advertisements, and consumer exploitation.
The Act enumerates six major consumer rights that consumer must be aware of. They are concerned with all the various risks, and together, they ensure fair practices in the market.
More over the various aspects of The Consumer Protection Act in the modern world can be understood through these landmark judgements mentioned below:
1. V.P. Shantha v. Indian Medical Association (1995) 6 SCC 651.
Facts of the case:
The dispute arose when patients filed complaints alleging medical negligence against doctors and hospitals under the Consumer Protection Act, 1986. The Indian Medical Association challenged the maintainability of such complaints, arguing that medical services were not “services” under the Act and that doctors should not be subjected to consumer jurisdiction. The core factual background involved treatment provided by medical professionals where patients claimed deficiency in service and sought remedies before consumer forums. Later the dispute reached the Supreme Court to determine whether patients could be treated as “consumers” and whether medical practitioners and hospitals could be held liable under consumer law.
Issue: In essence, the issue was whether medical services or not are considered as services in the Consumer Protection Act, 1986.
Judgment: The Supreme Court declared that medical services charged on a fee are actually services, hence patients may actually make negligence complaints. It is a case that essentially introduced consumer protection into the healthcare field as a wake-up call that all doctors must not just compromise their standards.
2.) Harsolia Motors v. National Insurance co. Ltd. (2023) 8 SCC 362.
Issue: The gist of the matter was whether the insurance policy of a business might be considered a consumer service.
Judgment: The Court made it clear that when your business is protected by the insurance, and you are not making a profit on it, then it is regarded as a consumer service. It reveals the fact that consumer protection does not only apply to an individual consumer; a company that takes insurance on their behalf is covered as well.
3.) Cadbury India Ltd. v. Consumer (2015) 3 CPJ 264.
Facts of the case:
The complainant purchased a Cadbury chocolate from a retail shop. After opening the sealed packet, the consumer discovered worms/insects inside the chocolate, making it unfit for human consumption. The consumer alleged that the chocolate was defective and caused mental agony and health risk.
A complaint was filed before the Consumer Forum against Cadbury India Ltd., the manufacturer, claiming defective goods and deficiency in service under the Consumer Protection Act, 1986.
Judgment: The company was found guilty and had to raise its standards of packaging and safety.
These judgments are an indication of the growth in the courts and their interpretation of consumer rights, in order to keep pace with market evolution. Practical Relevance -Real-Life Application.
The new law is designed to be somewhat plugged into digital technology, providing us with a means of delivering justice even quicker, as well as with a wider awareness scope.
The most interesting aspect of the Act is the E-Dakhil portal which allows consumers to submit complaints online, without necessarily attending a commission offline. It also reduces the expenses, makes things quicker, and enhances transparency. It is completely consistent with the expanding digital landscape in India. Central Consumer Protection Authority (CCPA). The CCPA acts like a watchdog. And performs duties like:
Research malpractice in trade.
Recall of products that are faulty or disposing of dangerous products on shelves.
Fine manufacturers and endorsers of misleading advertisements.
These power will ensure that action will be taken immediately, as opposed to a drawn-out lawsuit. In case of product liability under the act, every person can be liable in the event of someone being injured due to a faulty product by the seller and/or distributor, as well as by service providers. This makes it a challenge for all those in the supply chain to give safety and quality serious consideration.
Conclusion:
There is nothing in this world that is not fueled by competition, profit, and exploitative advertisement. As consumers, we are powerful, and at the same time, we are easily deceived. The Consumer Protection Act, 2019, is important for this reason. It safeguards us and renders trade fair, honest, and transparent. Having studied the examples of law and court decisions, it is possible to state that the biggest consumer of legal justice is not the law alone, but every well-informed and active consumer.
The digital rights under the 2019 Act were updated. Contrary to the previous legislation of 1986, it includes online shopping, e-commerce, and online payments. The E-Daakhil Portal is one of its most practical ideas, as individuals have the possibility to file complaints anywhere online. This will conserve time, money, and effort, and it accelerates the process and makes it open and transparent.
The other big enhancement is the Central Consumer Protection Authority (CCPA). This organ monitors unfair trade, false advertising, and unsafe products. It also puts big companies into the frame. Indicatively, the Cadbury India case (2015) is one of the companies that had to pay a fine following the discovery of maggots in its chocolate. This demonstrated that health and safety cannot be ignored by any brand. The CCPA is able to recall defective goods, penalise deceitful advertisers, and impose truthful marketing.
The Act introduced product liability, which refers to the situation when a defect causes harm to a person, then the maker, the seller, the distributor, and the service provider are all likely to be held accountable. Another provision of the Act provides a three-level redress system the District, State, and National Commissions, through which complaints are addressed depending on the amount of loss. The structure facilitates simplicity in the resolution of disagreements and promotes belief in fairness.
Beyond laws, awareness is the key. Six principal rights, namely safety, information, choice, hearing, redress, and education, are taught through campaigns such as the “Jago Grahak Jago” and the education of consumers in schools and colleges. These give people the capability to demand decent treatment and blame markets.
To sum up, the Consumer Protection Act, 2019, is not merely a law; it is a social movement that empowers people to combat exploitation and unjust trade.
[1] (1995) 6 SCC 651.
[2] (2023) 8 SCC 362.
[3] (2015) 3 CPJ 264.
Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy, reliability, and completeness of the information provided, ClearLaw.online, the author, and the publisher disclaim any liability for errors, omissions, or inadvertent inaccuracies. Readers are strongly advised to consult a qualified legal professional for guidance on any specific legal issue or matter.