Consumer Empowerment: The New Consumer Protection Act
When anyone buys, uses, or consumes any goods or services in exchange for money in the market or through natural resources, he/she becomes a consumer of that good or service. In India, Consumer Protection Act covers the Rights of a consumer. In the year 1985, the UN General assembly adopted model laws for the rights of consumers, and then the Consumer Protection Act came into existence. Recently the old Consumer Protection Act, of 1986 has been replaced with the New Consumer Protection Act, of 2019. Consumer Law is one of the outcomes where the consumer is guaranteed to be provided the cheap and timely remedy. The new Consumer act gives a right to consumers to be protected against the marketing of goods, services, and products that are hazardous to life and property.
Other than the Consumer Protection Act, there are other legislations in the country which protect the rights of the consumer such as the PFA Act, 1954, Cosmetics Act, 1940, RTI Act, 2005 etc.
By the Consumer Protection Act, the Government of India has created some quasi-judicial bodies which protect the interests of consumers. These agencies are called District Consumer Fora in every district of India. If a consumer of the service provider or a seller is not satisfied with the award, an appeal lies before the State Commission, and from the State Commission, an appeal lies before the National Commission. If anyone is dissatisfied with the order passed by the National Commission, he can approach the Supreme Court.
The new Act has brought significant changes to the consumer protection act. Under the new Act, The District Consumer Dispute Redressal Forum has been given pecuniary jurisdiction up to Rs. 50 Lacs as original jurisdiction whereas the original jurisdiction of the State Consumer Dispute Redressal Commission has been provided original jurisdiction up to Rs. 2 crores and any complaint above this amount can be entertained by (NCDRC) National Consumer Dispute Redressal Commission, New Delhi. The new act has also given them the power to review their decision, The new Act has also made provisions for mediation. The limitation for filing a consumer dispute complaint is 2 years from the date of cause of action. Section 69 gives power to these forums to condone the delay in filing consumer complaints. There are no penal provisions under the Consumer Protection Act.
The filing of a complaint under the Act is very simple. Any person aggrieved can approach the forum or commission as the case may be, in-person or through an advocate, and file a complaint. District Forum is set up in each district whereas the State Commission is set in each State. The State Commission also has benches as per the requirement of the State. The National Commission is set up in New Delhi.
The Consumer Protection Act protects a consumer from an unfair trade practice, unfair market practice, defective goods, defective services, poor quality products, poor quality services, fake labeling etc.