Your Rights

Consumer Rights in India are the rights given to the consumers to protect them from exploitation and unfair practices in the market. These rights are guaranteed under the Consumer Protection Act, 2019, which replaced the earlier 1986 Act. The new Act, which came into force on 20th July 2020, aims to safeguard consumers and promote fair trade practices.

Key Consumer Rights in India:

1. Right to Safety: Consumers have the right to be protected against goods and services that are hazardous to life and property. This right applies to medical services, pharmaceuticals, electrical appliances, etc. The Consumer Protection Act holds manufacturers, traders, and service providers accountable for the quality of their products.
2. Right to be Informed: Consumers have the right to be informed about the quality, quantity, purity, standard, and price of goods or services. This ensures that they can make informed decisions and are not misled by false advertisements or deceptive labeling.
3. Right to Choose: Consumers have the freedom to choose from a variety of goods and services at competitive prices. This right prohibits monopolistic and restrictive trade practices and allows consumers to select products and services as per their preferences.
4. Right to be Heard: Consumers have the right to voice their complaints and grievances. This includes the right to be heard in appropriate forums such as consumer courts, and also the right to have their issues considered and addressed.
5. Right to Seek Redressal: Consumers have the right to seek compensation or redressal against unfair trade practices, exploitation, or negligence. This includes the right to receive a replacement, compensation, or refund for faulty goods or services.
6. Right to Consumer Education: Consumers have the right to acquire the knowledge and skills needed to make informed and confident choices. It includes awareness about their rights and responsibilities as well as information about how to seek redressal.

Consumer Protection Act, 2019 - Key Features:

1. Establishment of Central Consumer Protection Authority (CCPA): The Act introduced the CCPA to regulate matters related to violations of consumer rights, unfair trade practices, misleading advertisements, and ensuring the rights of consumers.
2. E-filing of Complaints: The Act provides for the e-filing of complaints in consumer commissions (formerly consumer courts) and has introduced provisions for hearing complaints via video conferencing to streamline the process.
3. Product Liability: The new Act introduced the concept of product liability, holding manufacturers, sellers, and service providers accountable for any harm caused by defective products or services. This provision ensures consumers can seek compensation in case of injury or damage due to faulty goods or services.
4. Misleading Advertisements: The CCPA can impose penalties on celebrities, endorsers, and advertisers for promoting misleading advertisements. There is also a provision for banning such advertisements and taking corrective measures.
5. Unfair Trade Practices: The Act defines and prohibits unfair trade practices, including unfair contracts, misleading advertisements, and denial of services, among others. It also offers provisions for penalty and redressal in such cases.
6. Enhanced Pecuniary Jurisdiction: The pecuniary jurisdiction (the monetary limit for filing complaints) of consumer commissions has been revised:
   1. District Commission: For cases up to ₹1 crore.
   2. State Commission: For cases between ₹1 crore and ₹10 crores.
   3. National Commission: For cases above ₹10 crores.
7. Alternate Dispute Resolution: The Act encourages mediation as an alternative dispute resolution mechanism. A mediation cell will be attached to the consumer commissions to provide faster and amicable settlements of disputes.

Other Consumer Protection Laws and Regulations:

1. Bureau of Indian Standards (BIS) Act, 2016: Ensures standardization and quality certification of goods.
2. The Legal Metrology Act, 2009: Regulates weights, measures, and labels to prevent deceptive practices.
3. The Food Safety and Standards Act, 2006: Regulates food quality standards to ensure consumer safety in food products.

Consumer Responsibilities:

While consumers have rights, they also have responsibilities to ensure fair practices in the market:

1. Being aware of the quality and quantity of products and services.
2. Reading labels and instructions carefully.
3. Demanding bills and warranties for purchases.
4. Reporting genuine grievances and avoiding false complaints.

In summary, consumer rights in India focus on safeguarding consumers from exploitation, ensuring fair trade practices, and providing easy access to justice in case of violations. The Consumer Protection Act, 2019 has significantly strengthened the legal framework and improved the enforcement of consumer rights.