*MEANING OF CONSUMER PROTECTION:-

Consumer protection refers to protection of consumers from unscrupulous,

exploitative and unfair trade practices of manufacturers, traders, sellers and
service providers.
*Scope of Consumer Protection Act, 2019
The Consumer Protection Act, 2019 seeks to protect and promote the interests
of consumers through speedy and inexpensive redressal of their grievances.
The scope of the Act is very wide. The Act is applicable to all types of
undertakings, big and small, whether in the private or public sector, or in the
co-operative sector, whether a manufacturer or a trader, and whether
supplying goods for providing services.
*Importance of Consumer Protection
From Consumer’s Point of View CUW
1. Widespread exploitation of consumers: Consumers might be exploited by
unscrupulous, exploitative and unfair trade practices like defective and unsafe
products, adulteration, false and misleading advertising, hoarding, black-
marketing etc. Consumers need protection against such malpractices of the
sellers.
2. Consumer ignorance: Due to widespread ignorance of consumers about
their rights and reliefs available to them, it becomes necessary to educate
them about the same so as to achieve consumer awareness.
3. Unorganised consumers: Consumers need to be organised in the form of
consumer organisations which would take care of their interests. Though, in
India, we do have consumer organisations which are working in this direction,
adequate protection is required to be given to consumers till these
organisations become powerful enough to protect and promote the interests
of consumers.
From the Point of View of Business LMG SR
1. It is in the long-term interest of business to protect and promote the
interests of Consumers because satisfied customers lead to repeat sales and
provide good feedback.
2. A business which engage in exploitative and unfair trade practices invite
government intervention. This can impair and tarnish the image of the
company. Therefore,
business organisations should voluntarily resort to such practices where the
customers’ needs and interests will be taken care of.
3. Moral justification: It is the moral duty of any business to take care of
consumer’s interest and avoid any form of their exploitation. Thus, a business
must avoid unscrupulous, exploitative and unfair trade practices like defective
and unsafe products, adulteration, false and misleading advertising, hoarding,
black marketing etc.
4. Since the business uses society’s resources, therefore it has a responsibility
to supply products or services which are in public interest.
5. It is because the business has social responsibility towards various interest
groups, including consumers.
*Role/Functions of NGOs and consumer organisations PPT FEE
In India, several consumer organisations and nongovernmental organisations
(NGOs) have been set up for the protection and promotion of consumers’
interests, e.g. (i) Voluntary Organisation in Interest of Consumer Education
(VOICE), Delhi (ii) Consumer Coordination Council, Delhi
1. Educating the general public about consumer rights by organising training
programmes, seminars and workshops.
2. Publishing periodicals and other publications to impart knowledge about
consumer problems, reliefs available and other matters of interest.
3. Carrying out comparative testing of consumer products in accredited
laboratories to test relative qualities of competing brands and publishing the
test results for the benefit of consumers.
4. Encouraging consumers to strongly protest and take an action against
exploitative and unfair trade practices of sellers.
5. Providing legal assistance to consumers by way of providing aid, legal
advice etc, in seeking legal remedy.
6. Filing complaints in consumer courts on behalf of consumers.
7. Taking an initiative in filing cases in consumer courts in the interest of the
general public, not for any individual.

*Rights of a consumer RE
1. Right to Safety states that a consumer has a right to be protected against
goods and services which are hazardous to life and health. Right to get
protection against the risks caused due to the use of substandard products or
products that do not conform to the safety norms. For instance, electrical
appliances which are manufactured with substandard products or do not
conform to the safety norms might cause serious injury. Thus, consumers are
educated that they should use electrical appliances which are ISI marked as this
would be an assurance of such products meeting quality specifications.
2. Right to be informed states that a consumer has a right to have complete
information about the product he intends to buy such as, ingredients, date of
manufacture, price, quantity etc. It is because of this reason that the legal
framework in India requires the manufacturers to provide such information on
the package and label of the product.
3. Right to be assured states that a consumer has the freedom to choose from
a variety of products at competitive prices. Marketers should offer a wide
variety of products in terms of quality, price, size etc. to enable the consumer
to make the choice.

4. Right to be heard states that a consumer has a right to file a complaint and
to be heard in case of dissatisfaction with a product or a service. It is because
of this reason many firms have set up their own consumer service and
grievance cells. Many consumer organisations are also working towards this
direction and helping consumers in redressal of their grievances. For example,
they may file complaints in appropriate consumer courts on behalf of the
consumers.
5. Right to seek redressal states that a consumer has a right to get relief in
case the product or service falls short of his expectations. The Consumer
Protection Act, 1986 provides reliefs to consumers such as replacement of
product, removal of defect in the product, compensation for any loss or injury
suffered by the consumer, etc.
6. Right to consumer education states that a consumer has the right to acquire
knowledge and to be a well informed consumer. He should be aware about his
rights and the reliefs available to him in case of a product or service is falling
short of his expectations.
Many consumer organisations and NGOs educate the general public about
consumer rights by organising training programmes, seminars and workshops.
They publish periodicals and other publications to impart knowledge about
consumer problems, legal reporting, reliefs available and other matters of
interest.
*Three-tier redressal machinery

SETTING UP OF CONSUMER MEDIATION CELL The Chapter V of the Consumer

Protection Act of 2019 provides for a mediation process for settlement of
disputes at three levels - National, State and District with all three being
attached to the respective commissions. It is a new provision in the Act 2019
as an alternate mechanism to ensure faster a speedy dispute settlements by
respective commissions.

1. District Consumer Disputes Redressal Commission (District Commission)

 District commission has a jurisdiction to entertain complaints where
value of goods or services paid as consideration does not exceed one
crore rupees.
  Either on the first hearing or at any later stage, it appears to district
commission that there exists elements of settlement which may be
acceptable to the parties, it may direct them to give their consent for
settlement of dispute through mediation within five days.
 In case the parties agree for settlement by mediation and give written
consent, the district commission refers the matter for mediation and the
provisions relating to mediation shall apply.
 However, in the event of failure of settlement by mediation proceeds
with the complaint.
 If the complaint alleges defect in goods, the commission obtains the
sample of goods, seal it and refer to the appropriate authority for
analysis. In case of services, the dispute is settled based on the basis of
evidence brought to its notice by the complainant and can ask for any
required information document or records from the service provider for
settlement.
 If any of the parties are not satisfied by the order of District Commission
can appeal against such order to the State Commission on the grounds
of facts or law within a period of forty five days from the date of order

2. State Consumer Disputes Redressal Commission (State Commissions)

 It is established by the respective state government and ordinarily
function at the state capital.
 State Commission has a jurisdiction to entertain complaints where value
of goods and services paid as consideration exceeds one crore but does
not exceed ten crore rupees.
 If any of the parties are not satisfied by the order of State Commission
can appeal against such order to the National Commission within a
period of thirty days of such order.

3. The National Consumer Disputes Redressal Commission (National

Commission)
 The National Commission has territorial jurisdiction over the whole
country.
 National Commission has a jurisdiction to entertain complaints where
value of goods or services paid as consideration exceeds ten crores of
rupees.
 If any of the parties are not satisfied by the order of National
Commission can appeal against such order to the Supreme Court of India
within a period of thirty days of such order.
*RELIEFS AVAILABLE TO A CONSUMER
1. To remove the defect in good or deficiency in service.
2. To replace the defective product with a new one, free from any defect.
3. To refund the price paid for the product or charges paid for the service.
4 To pay a reasonable amount of compensation for any injury or loss suffered
by the consumer.
5. To pay adequate costs.
6. To cease manufacture of hazardous goods and to desist from offering
hazardous services.
7. Not to offer hazardous goods for sale.
8. To withdraw the hazardous goods from sale.
9. To pay any amount (not less than 5% of the value of the defective goods) to
be credited to the Consumer Welfare Fund to be utilised for promotion and
protection of consumers’ interests.
10. To discontinue the unfair/restrictive trade practice and not to repeat it in
the future.

*DEFINITION OF A CONSUMER
Under the Consumer Protection Act, 2019, a consumer is defined as:
(a) Any person who buys any goods for a consideration, which has been paid or
promised, or partly paid and 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.
(b) Any person who hires or avails of any service, for a consideration which has
been paid or promised, or partly paid and partly promised, or under any
system of deferred payment. It includes any beneficiary of services when such
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.
It applies to both offline and online transactions through electronic means or
by teleshopping or direct selling or multilevel marketing.
However, any person who obtains goods or avails services for resale or
commercial purpose is not treated as a consumer and is outside the scope of
Consumer Protection Act 2019

*Who can file a complaint?

(i) Any consumer can file a complaint on his/her own and does not need the
services of advocate/professionals
(ii) Any registered consumers’ association;
(iii) The Central Government or any State Government;
(iv) One or more consumers, on behalf of many consumers having the same
interest; and
(v) A legal heir or representative of a deceased consumer.
*AGAINST WHOM A COMPLAINT CAN BE FILED?
(i) the seller, dealer or manufacturer (in case of defective goods).
(ii) the service provider (in case of deficient services).under the Consumer
Protection Act, 198