CONSUMER PROTECTION ACT,2019

INTRODUCTION

“A brand is nothing but an expression of the customer’s loyalty and trust” quote by Phil Dusenberry.

Consumers’ happiness and satisfaction is something that makes the product or a company grow and this is a fact. The consumer is any person who buys goods or services for consideration. A person buying goods for the purpose or resale does not fall under the category of a consumer. The buying of goods or services also includes all online transactions conducted through electronic means.

The consumer protection act was enacted for the welfare and to protect the rights of consumers. It was created to deal with the violation of consumer rights, Misrepresentation, false advertisements, unfair trade practices, etc.

AMENDMENT OF CONSUMER PROTECTION ACT

The parliament of India passed the consumer protection bill 2019 on 6th August 2019 which got presidential assent on 9th August 2019, and the same came into effect from 20th July 2020. Consumer Protection Act 2019 replaced the old Consumer protection act of 1968. The new act brought in changes in the form of online registration of complaints, mediation proceedings for speedy and effective disposal of consumer cases, strict norms for misleading advertisements, etc.

CIRCUMSTANCES UNDER WHICH A CONSUMER CAN FILE A COMPLAINT UNDER COPRA (CONSUMER PROTECTION ACT)

If a consumer finds a product that does not confirm the prescribed quality standards, if a product is falsely advertised for being high quality but it turns out otherwise, selling of duplicate or adulterated goods under the original brand name, charging more than the maximum retail price (MRP) fixed for the product, if the quality of service is lower than the quality agreed upon and any other practice on behalf of the seller or goods and service that violated the rights of a consumer.

PROCEDURE TO FILE A COMPLAINT UNDER CONSUMER PROTECTION (AMENDMENT) ACT, 1999

A consumer can complain either in writing or through an electronic mode i.e., online. Before filing a consumer complaint, it is necessary to determine the territorial jurisdiction which means a complaint may be filed within local limits i.e., where the opposite party resides or works.

It is also necessary to determine pecuniary jurisdiction. If the value of the goods and services does not exceed 1 crore, the complaint can be filed in the District commission. If the value of the goods and services is between 1 crore to 10 crore, the complaint can be filed in the State commission, and if the value of goods and services exceeds 10 crores, the complaint can be filed in the National Commission.

Before filing a complaint in the respective forum, the complainant needs to serve a legal notice to the opposite party. A complainant can file a complaint by himself or through an authorized agent. Complain should contain information regarding the details of the parties, date and time when the goods were purchased or services were availed, the reason for complaint, relief to be sought, etc.

PROCEDURE TO FILE AN ONLINE COMPLAINT

In case a consumer wishes to file a complaint online, he can do so either through mobile apps such as the NHC App, UMANG App, Consumer App or he can register a complaint on https://consumerhelpline.gov.in/. the complainant must mention all the details such as name, email, contact number, etc. after registering a complaint, the complainant will receive a unique identification code with the help of which he can keep a check on the status of his complaint.

FEES REQUIRED TO BE PAID

Payment of fees is not necessary if the value of goods and services is up to 5 lakh rupees, in case the value of goods and services range between 5 lakhs to 10 lakh rupees, the fee payable is Rs. 200 and if the value of goods and services exceed 10 lakh rupees, the fee payable is Rs. 400. In case of online registration of complaint, the fee needs to be paid through an online payment portal.

REFERENCES:

https://www.topperlearning.com/answer/list-some-common-business-malpractices-which-prevail-in-the-market/p8houbjjj

https://www.mondaq.com/india/dodd-frank-consumer-protection-act/973520/procedure-to-file-complaint-under-consumer-protection-amendment-act-2019

https://taxguru.in/corporate-law/consumer-court-complaint-consumer-protection-act-2019.html

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.