Scribd
Upload
10 views6 pages

Define Consumer.

Define Consumer

Uploaded by

dreams.9610
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
10 views6 pages

Define Consumer.

Define Consumer

Uploaded by

dreams.9610
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 6

Define Consumer.

Explain the procedure to file complaint in District


Redressal Commission.

1. Introduction

The Consumer Protection Act, 2019, represents an essential shift in


consumer rights law in India. As the marketplace expands with digital
and online services, there has been an increasing need for strong
consumer protection measures to ensure fair trade and the right to
redress. The Act aims to empower consumers by providing them
with specific rights and a structured redressal mechanism that can be
accessed at different levels depending on the complaint value.

2. Meaning of Consumer

The word consumer is derived from the Latin word "consumere,"


which means "to use up" or "to exhaust."

In simple terms, a consumer is an individual who buys goods or uses


services for personal needs, rather than for commercial resale or
profit-making activities.

A consumer can be anyone purchasing food, electronics, household


items, or even seeking professional services like medical
consultations.

3. Definition of Consumer

1.According to Philip Kotler, a leading expert in marketing:

"A consumer is an individual who pays to consume the goods and


services produced by a seller."

This definition emphasizes that a consumer is someone who directly


uses a product or service, rather than someone who is involved in
the production or sale of it.
b. Under the Consumer Protection Act, 2019

Section 2(7) of the Consumer Protection Act, 2019 defines a


consumer as:

1. Buys goods for use, not for resale or business purposes.

2. Hires or uses services for personal needs.

4. Who Can File a Complaint Under the Consumer Protection Act,


2019?

The Consumer Protection Act, 2019 allows several entities to file


complaints to ensure consumer protection is broad and accessible:

1. The Consumer – The individual who has suffered due to defective


goods or deficient services.

2. Voluntary Consumer Association – Registered under any law,


these organizations act in the interest of consumers.

3. Central or State Government – They can file complaints to


safeguard consumer interests on behalf of the public.

4. Legal Heirs or Representatives – In case the consumer passes


away, their family or legal representatives can continue the
complaint process.

5. A Group of Consumers – In cases where multiple consumers have


a shared interest, they can file a group complaint.

5. Rights of Consumers Under the Consumer Protection Act, 2019

The Act provides six key rights for consumers:

1. Right to Safety – Protection against goods and services that are


hazardous to life or health. This means products should meet safety
standards, and consumers can take action if they face harm.
2. Right to Information – Consumers have the right to know the
quality, quantity, purity, price, and standard of the goods and
services they are buying. For example, food products must list
ingredients, shelf life, and nutritional values.

3. Right to Choose – Ensures that consumers are provided with a


variety of goods and services to choose from without any restriction
or pressure. Sellers cannot unfairly influence consumers into
purchasing a specific product.

4. Right to Be Heard – Allows consumers to voice their grievances


and complaints. If they encounter an issue, the District, State, and
National Commissions are available for filing complaints.

5. Right to Seek Redressal – This gives consumers the right to


compensation or replacement if they face loss or harm from
defective products or unfair trade practices.

6. Right to Consumer Education – This encourages consumers to be


aware of their rights and responsibilities, including how to file
complaints.

6. Jurisdiction

Under the Consumer Protection Act, 2019, complaints are handled


based on the value of the claim, making it easier for consumers to
know where to go for justice:

1. District Commission – Handles complaints where the claim


amount is up to ₹50 lakh.

2. State Commission – For claims between ₹50 lakh and ₹2 crore.

3. National Commission – Handles claims exceeding ₹2 crore.

7. Grounds and Procedure for Filing a Complaint


a. Grounds for Filing a Complaint

A consumer can file a complaint on the following grounds:

1. Defective Goods – If the goods do not meet quality or safety


standards.

2. Deficient Services – For services that fall short of what was


promised or expected.

3. Unfair Trade Practices – This includes misleading advertisements


or false claims.

4. Restrictive Trade Practices – Practices that unfairly limit consumer


choices or market competition.

b. Step-by-Step Procedure for Filing a Complaint in the District


Redressal Commission

1. Prepare the Complaint – A written document describing the issue,


including details about the consumer and the seller.

2. Gather Necessary Documents – The complaint should include


copies of all relevant documents such as bills, invoices, receipts,
warranty cards, and any communication with the seller.

3. File the Complaint – This can be done physically at the District


Commission office or online via the E-Daakhil portal. Online filing has
simplified the process, allowing consumers to lodge complaints from
home.

4. Pay the Nominal Fee – A small filing fee is charged, based on the
claim amount.

5. Issue of Notice – The Commission will send a notice to the


opposite party, notifying them about the complaint.
6. Hearing and Decision – Both parties present their case, and the
Commission examines the evidence. The case should ideally be
resolved within three to five months, depending on complexity.

8. Landmark Cases

1. McDonald’s India Pvt. Ltd. v. Anupama Shetty

Facts: Anupama Shetty found an inedible object in her McDonald’s


meal, raising concerns about hygiene and safety.

Judgment: The court ruled in favor of Anupama, ordering


compensation, which highlighted the consumer’s right to safe and
hygienic food.

2. Indian Medical Association v. V.P. Shantha

Facts: The case questioned whether medical services could be


considered as part of the Consumer Protection Act.

Judgment: The Supreme Court decided that medical services fall


under consumer protection, allowing patients to seek redress for
medical negligence or deficiency.

3. A.F. Ferguson & Co. v. Lalit Mohan

Facts: Lalit Mohan alleged deficiency in the auditing services


provided by the firm.

Judgment: The court recognized consumers’ right to seek


compensation for poor professional services, even in specialized
fields like auditing.

9. Key Changes in the Consumer Protection Act, 2019

The new Act introduces several changes, such as:

Jurisdiction Updates – Specifying limits based on complaint value.


E-commerce Inclusion – Protects online buyers.

Mediation Options – Offers quicker resolutions without court cases.

Product Liability and Unfair Contracts – Consumers can hold sellers


responsible for defective products.

10. Conclusion

The Consumer Protection Act, 2019, strengthens consumer rights by


providing accessible and clear avenues for redress. With digital
options for filing complaints and specified timeframes, the Act helps
consumers safeguard their interests quickly and easily. The Act
underscores the importance of transparency and accountability in
business, offering consumers a stronger position in the marketplace.
By understanding their rights and the complaint process, consumers
can confidently seek justice if they face any unfair practices.

You might also like