Penalities under Consumer Protection Act

In this article we will discuss the consumer protection rights and the remedies available to consumers in their nature and scope. Whether these provisions were effective to the consumer.

INTRODUCTION

A person in their day to day does a lot of work in that one of it is buying things, going to hotel, etc. In the above scenario a person becomes a consumer. For a layman “consumer” means a person who accepts their goods or service. a consumer is considered as king in the free market. Earlier the approach toward consumers was “Caveat Emptor” which means “let the buyer be aware” but it has changed to “Caveat Venditor” which means “let the seller be aware” but, it is common for sellers to engage in malpractice, misleading advertisement, adulteration, etc to increase their sale. This means that the consumer might be exposed to danger. Hence, there is a need for providing adequate protection to consumers from such kinds of seller.

IMPORTANCE OF CONSUMER PROTECTION

They are wide agenda for protecting consumer rights. it includes educating consumers about their rights   responsibility, and grievances redreSsal. Protecting the consumer rights requires judicial machinery and also consumers has to also form consumer association for the protection and promotion of their interests.

LEGAL PROTECTION FOR CONSUMERS

In India there are different laws and regulations formed for the protection of consumers. Some of these are as follows:-

  • THE CONSUMER PROTECTION ACT, 2019:-

The consumer protection act 2019 main aim is to protect and promote the interests of consumers. The act safeguards consumers from defective goods, services, unfair trade practices, and other malpractices. This act provides 3tier machinery which includes district forum, state commissions, and national commission.

  • THE CONTRACT ACT, 1982:-

This act lays down conditions which parties to the contract have to be binding on them. This act enforces the parties to fulfill their promises and also provides remedies to parties whose breach of contract is happened.

  • THE SALES OF GOODS ACT, 1930:-

Act provides safeguards and relief to buyers. If the goods purchased by the buyer do not comply with the express or implied conditions or warranties.

  • THE PREVENTION OF FOOD ADULTERATION ACT, 1954:-

Act aims to check the adulteration of food articles and ensures their purity to maintain public health.

  • THE TRADE MARK ACT,1999:-

The act prevents the use of fraudulent marks on products and provides protection to the consumer from such kinds of products.

  • THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1978:-

This act aim is to check whether goods sold or distributed by weight, measure, or number to the consumer are correct and they do not malpractice by selling underweight or under-measure goods.

  • THE ESSENTIAL GOODS COMMODITIES ACT, 1955:-

The act helps in controlling the production, supply, and distribution of goods that are mentioned in the essential commodities act. The act makes sure goods are equally distributed and help in fixing the price of goods.

CONSUMER PROTECTION ACT, 2019

The Consumer Protection Act (CPA) aim is to protect and promote the consumer’s interest through speedy and inexpensive redressal of their grievances.

 We have to first understand the     meaning of the term consumer to understand this act. “CONSUMER” is defined as following in this act as:-

Any person who buys any goods for a consideration, which has been paid or promised or partly paid or partly promised or under any scheme of deferred payment. It includes any user of such goods, when such use is made with the approval of the buyer, but does not include a person who obtains goods for re-sale or any commercial purpose.

Any person who hires or avails of any service, for a consideration which has been paid or promised, or partly paid, or partly promised, or under any system of deferred payment. It includes any beneficiary of services are availed of with the approval of the person concerned, but does not include a person who avails of such services for any commercial purpose” consumer can claim for both goods as well as the service as mentioned in the definition.

Remedies provided under the act for both goods as well as the service. Remedies or right to claim remedies or claim relief is one of the which is mention act. Remedies and it’s features as follows:-

  • SCOPE:-

The scope of this act is wide. as it applies to all types of the undertaking, big and small, private or public sector or co-operative sector, manufacturer or a trader and whether  supplying goods or providing goods.

  • CONSUMER RIGHTS:-

Consumer is conferred with lot of rights in this act which as follows:-

  1. Right to safety
  2. Right to be informed
  3. Right to choose
  4. Right to be heard 
  5. Right to seek redressal
  6. Right to consumer education
  • WAYS OF CONSUMER PROTECTION:-

Consumer awarness – a consumer should be aware about his rights and reliefs then only he can claim about it. so, appropriate government and consumer organization has to take suffeciant steps regard educating the consumers.

Legal frameworks and regulation-governments can make laws and rules regarding this topic and even increase the scope of it.

  • RELIEF AVAILABLE:-

If the court is satisfied by the proof it issues the following as remedies for the damages occurred. Reliefs provided will be as follows:-

  1. To remove the defective goods or defective services
  2. To replace the defective product with new.
  3. To refund the price paid for the product or the charges paid for the services.
  4.  To pay reasonable amount as compensation for any loss or injury suffered by the consumer due to the negligence of the opposite party.
  5. Pay punitive damages in appropriate circumstances.
  6. Discontinue the unfair or restrictive trade practices and take steps so that it does not repeat.
  7. Make sure no hazardous goods for sale. If it is then withdraw from sale and cease manufacturer for selling these goods. He must pay an amount (not less than 5% of the value of the goods or deficient services provided) to the consumer welfare fund or any other organization or person.
  8.  To issue corrective advertisement to neutralize the effect of the misleading advertisement and ask the seller to appropriate cost for misleading the party.

CONCLUSION

In this article we will be discussing about the consumer and protection available to them. We will discussing about consumer protection act, 2019 mainly about the remedies available its scope, nature which wide in nature then the earlier consumer protection act 1986. Also, discusses whether these remedies provided is usefull in for the most of the problems suffered by the consumers and provide proper relief to them.

REFERENCES

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