Consumer Protection in India

Consumer Protection Act is one of the fundamental laws that offer safety to consumers in India. During the year 1986, the Consumer Protection Act was introduced for the first time and was further it was amended in the year 2002 through the Consumer Protection Amendment Act, 2002.

Definition

According to The Gazette of India, ‘’An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlements of consumers’ disputes and for subjects linked therewith or incidental thereto’’.

Therefore, in simple words, the consumer protection act was passed by the parliament of India to safeguards the rights of the consumers as they were generally deprived and were victims of various malpractices which the producer uses to earn more profit. This act also helps the producer to act fair into the market while rejecting the dishonest producers out of the race.

The objectives of the Consumer Protection Act

The predominant goal of the Consumer Protection Act is to offer better safety for customers and set up a robust mechanism for the settlement of consumer disputes. The Consumer Protection Act seeks the following rights:

  • The act is responsible to educate the consumers and make them aware of their rights.
  • The act provides protection towards advertising and marketing of products that might be risky or dangerous to life and property;
  • The act is bound to hear the consumers and to assure that customers interests will acquire due attention at suitable forums;
  • The act assures, wherever possible, access to the authority of products at competitive prices;
  • The act additionally informs about the quality, quantity, potency, purity, standard, and price of merchandise to defend the client toward unfair exchange practices;
  • The act guides the consumers who is seeking redressal towards unfair trade practices or unscrupulous exploitation;

When to file a Complain

Under the Consumer Protection Act, the customer can file a complaint if any unfair trade practice takes place. An unfair trade practice means a trade practice, which, for the purpose of selling any sale, use, or delivery of any items or services, adopts any unfair method, or unfair or deceptive practice. Some of those practices include:

  • When items and offerings aren’t of stated standard, quality or second hand;
  • When items and offerings do no longer have the claimed use, usefulness, or benefit;
  • When products/offerings do no longer have the claimed warranty/guarantee;
  • When the rate of the service or the product is misleading.
  • False and Misleading Advertisement.
  • Offering gifts, prizes, etc. to trap customers.
  • Selling items that don’t fall within the protection requirements installation by the competent authority.
  • Intention to elevate the value of selected goods or similar items manufactured so that it will manipulate better prices.
  • Manufacturing or providing spurious items or adopting misleading practices in the provision of offerings.

Procedure to File Consumer Case

Any consumer who is willing to launch a complaint regarding a good or service must file a written complaint in the District Consumer Disputes Redressal Forum (DCDRF), if the value of the claim is up to 20 lakhs. If the value of the claim exceeds 20 lakhs but is within one crore, a written complaint should be filled in State Consumer Disputes Redressal Commission (SCDRC). On the other hand, a written complaint should be filled in National Consumer Disputes Redressal Commission (NCDRC) If the value of the claim exceeds one crore together with a fee. Regarding the receipt of the complaint, the District Forum has the discretion i.e., the authority may approve or reject the complaint, generally within 21 days from the date of complaint. On the opposite hand, a copy of the complaint will reach the other party for approval within forty-five days.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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