MEANING

Consumer protection means protecting

the interest of consumes from unfair
trade practices and exploitation from
manufactures and intermediaries.
 IMPORTANT TERMS

CONSUMER
Under the Consumer Protection Act 2019, a consumer is a person who buys any
goods or avails services for a consideration, which has been paid or promised, or
partly paid and partly promised, or under any scheme of deferred payment. It includes
any user of such goods or beneficiary of services if such use is made with the
approval of the buyer. It applies to both offline and online transactions

Consumer is a person who buys any good or avail any service for the final consumption not for
resale
Who can file a complaint?
1)Any consumer;
2)A legal heir or representative of a deceased
consumer,
3)Any registered consumers‘ association;
4)The central government or any state
government;
5)One or more consumers on behalf of
numerous consumers having the same
interest.
• Restrictive trade practice: A trade practice which manipulates price or affect the
flow of supplies in the market relating to goods and services in such a manner
that an unjustified cost is imposed on the consumer.

• Defect: Any fault, imperfection, shortcoming or inadequacy in quality, nature and

manner of performance in relation to goods or a product.

• Deficiency: Any fault, imperfection, shortcoming or inadequacy in quality, nature

and manner of performance in relation to in relation to any service and includes
act of negligence or omission or commission or withholding relevant information
which causes loss or injury to the consumer.

• Injury: Any harm illegally caused to any person in body, mind or property.
• Product: Any article or goods or substance or raw material or any extended cycle of
such product either in gaseous , liquid or solid state possessing intrinsic value
capable of delivery either as assembled or a component produced or manufactured
to trade. It does not include human tissues, blood, blood products and organs.

• Product Seller: Any person in the course of business imports, sells, distributes,
leases, installs, prepares, labels, markets, repairs, maintains or otherwise involved
in placing the product for commercial use or a service provider.

• Product Liability: Responsibility of a product manufacturer or seller of any product

or service to compensate for any harm caused to a consumer by defective product
manufactured or sold or by deficiency in services. Spurious goods: Goods that are
falsely claimed to be genuine.

• Unfair trade practice: A trade practice for the purpose of promoting sale, use or
supply of any goods or service falsely represents its quality, standard, quantity,
composition, style or model
 IMPORTANCE OF Consumer Protection
1. Sale of adulterated goods such as 6. Black marketing and hoarding that eventually
adding inferior substances to the product leads to scarcity of the product and well as a
being sold. rise in the price of the same.

2. Sale of counterfeit goods such as selling a 7. Overcharging a product, i.e., charging a

product above its Maximum Retail Price.
product of lesser value than the real product.
8. Supplying of defective goods.
3. Sale of sub-standard goods such as the
sale of products that do not meet the 9. Advertisements that are misleading, i.e.,
prescribed quality standards. advertisements that falsely claim a product or a
service to be shown as superior quality, grade or
4. Sale of duplicate goods. standard when not in real.

10. Supply of inferior services, i.e., quality of

5. Use of malfunctioning weights and service lesser than the condition agreed.
measures that lead to underweight of
products.
 Need for Consumer Protection
The need for consumer protection arises from the need to protect
consumers from the loss or injury or other prevailing malpractices and to
ensure:
1. Physical safety of a consumer.
2. Access to information.
3. Corporate Social Responsibility to provide quality and quantity of goods
at fair prices.
4. Consumer satisfaction.
5. Social justice and Trusteeship
6. Survival and the Growth of businesses.
RIGHT TO SAFETY

-The consumer has a right to be protected against marketing of goods and services which are hazardoustolife
and property, y, e.g.,sometimes the manufacturing defects in pressure cookers, gas cylinders &other electrical
appliances may cause loss to life, health and property of customers.
RIGHT TO BE INFORMED
RIGHT TO BE ASSURED /CHOOSE

The marketers should offer a wide variety of product

and allow the consumer to make a choice and choose
the product which is most suitable for him/her.
 RIGHT TO BE HEARD
The consumer has a right to file a complaint and to be heard in case
of dissatisfaction with a good or a service.

It is because of this reason that many enlightened business firms

have set up their own consumer service and grievance cells.
 RIGHT TO SEEK REDRESSAL
• The consumer has a right to get relief against unfair trade practice of
restrictive trade practices or unscrupulous exploitation in case the product or
a service falls short of his expectations.

• The Consumer Protection Act 2019 provides for redressal to the consumers
including replacement of the product, removal of defect in the product,
compensation paid for any loss or injury suffered by the consumer, etc

Rajesh Rajan from Ahmedabad when he bought Pepsi from a

local store, found a packet of gutka floating in it!

The consumer forum passed an order in favour of Rajesh Rajan

and directed the company to pay a total of ₹4008 ( ₹4000 for
compensation and ₹8 for the Pepsi he purchased).

The State Commission passed an order asking the company to

pay ₹20,000 as compensation and ₹2000 towards costs as it
found Rajesh’s argument reasonable.
RIGHT TO CONSUMER EDUCATION
• The consumer has a right to acquire knowledge and to be a well
informed consumer throughout life
• He should be aware about his rights and the reliefs available to him in
case of a product or service falling short of his expectations
• Many consumer organisations and some enlightened businesses
are taking an active part in educating consumers in this respect
 CONSUMER RESPONSIBILITIES

(i) A consumer should be aware about the various goods and services available in the market, so that he
can make a wise choice by comparing their features and prices.

(ii) A consumer must always buy standardised goods as they provide quality assurance. Thus, look for ISI
mark on electrical goods, FPO mark on food products, hallmark on jewellery, etc.

(iii) A consumer must learn about the various risks associated with the use and maintainence of goods. He
must follow the manufacturer's instructions carefully.

(iv) A consumer must read the labels carefully, so as to have complete information about the price,
quantity, ingredients, usage, contents, expiry date, etc.

(v) A consumer must ensure that he gets a fair deal.

(vi) A consumer should be honest in his dealings, choose legal goods and discourage unscrupulous
practices like black-marketing, hoarding, etc.

(vii) A consumer should always ask for a cash memo, as it is the proof of purchase required at the time of
taking any action against a fraudulent seller/manufacturer.

(viii) A consumer must file a complaint in case of any shortcoming in goods or services availed.

(ix) A consumer should take initiative to form consumer societies that can take an active part in educating
consumers and safeguarding their interests.

(x) A consumer should respect the environment and avoid creating pollution.
What is the time limit for filing a complaint?
A complaint has to be filed within two years from the date on which the cause of action/deficiency in
service/defect in goods arises

Either on the first hearing or at any later stage, it

appears to district commission that there exists
elements of settlement which may be acceptable to the
parties, it may direct them to give their consent for
settlement of dispute through mediation within five
days.

In the event of failure of settlement by mediation

proceeds with the complaint. If the complaint alleges
defect in goods which cannot be determined without
proper analysis or test of goods, the commission
obtains the sample of goods, seal it and refer to the
appropriate authority for analysis.
The Chapter V of the Consumer Protection Act of 2019 provides for a mediation process for
settlement of disputes at three levels - National, State and District with all three being attached to the
respective commissions
What is the provision for appeal?

 Aggrieved by the Order issued by the District Commission, appeal petition may be
filed before the State Commission within 45 days from the date of receipt of Order.

 Aggrieved by the Order issued by the State Commission, appeal petition may be
filed before the National Commission within 30 days from the date of receipt of
Order.

 Aggrieved by the Order issued by the National Commission, appeal petition may be
filed before the Supreme Court of India within 30 days from the date of receipt of
orders.

 Under Consumer Protection Act, 2019 second appeal cannot be filed unless
there is a substantive question of law is involved.
Consumer organisations and NGOs are established or formed to
protect and promote consumer interest.