The amended Consumer Protection Act, 2019, introduced by the goverment came into force on July 20, 2020, to empower consumers and help them in protecting their rights through its various notified rules and provisions. A consumer is identified as a person who purchases goods or services.
Important Features of the Consumer Protection Act , 2019
Return of defective goods and services:
The seller has to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill/memo or within 30 days. The seller cannot claim no refund in case of defective goods and services.
Mandatory for e-tailers to display refund, exchange, warranty details:
Under the e-commerce rules, it is mandatory for e-commerce platforms to display details about price, expiry date, return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods , country of origin of goods, physical address and customer care number.
File a complaint from anywhere:
The law enables consumers to file complaints electronically and file complaints in consumer commissions that have jurisdiction over the place of his/her residence instead of the earlier practice of filing case at the place of purchase or where the seller has its registered office.
No fee for filing cases up to Rs 5 lakh:
As per the new rules there will be no fee for filing cases up to Rs 5 lakh.
Appear for the hearing via video conferencing:
Consumerscan attend the hearing of the case through video conferencing, according to the law.
Punishment for sale of spurious goods:
The new law provides for punishment for the manufacture or sale of adulterated/spurious goods. In case of the first conviction, the licence may be suspended for a period of up to two years, and in case of second or subsequent conviction, licence will be canceled.
False and misleading advertisements:
Penalty on manufacturer/endorser up to Rs 10 lakhs and jail for up to two years. For subsequent offence, fine may extend upto Rs 50 Lakhs and imprisonment for five years.
Mediation under Consumer Commissions:
A complaint will be referred by the Consumer Commission for mediation wherever scope for early settlement exists and parties agree for it.
Important consumer rights:
Right to safety :
Means right to be protected against marketing of goods and services which are hazardous to life and property.
Right to be informed:
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices.
Right to choose:
Means right to be assured, wherever possible of access to variety of goods and services at competitive prices.
Right to be Heard:
Means that consumer's interests will receive due consideration at appropriate forums.
Right to seek redressal:
Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.
Right to consumer education:
Means the right to acquire the knowledge and skill to be an informed consumer.
The writer is a Vile Parle-based social activist.
