ANALYSIS OF THE CONSUMER PROTECTION ACT, 2019

INTRODUCTION

On March 15, 1962, President John F. Kennedy introduced a discourse to the United States
Congress in which he enhanced four essential customer rights, later called the Consumer Bill of
Rights. The four rights were: The privilege to security, the option to be educated, the option to
pick, the option to be heard. From that point forward the requirement for the shopper to be
ensured has been given significance. Despite the fact that that the purchaser should be ensured
wasn't new that discourse pointed out a monstrous measure of the Rights of the shopper. So far
there have been various laws being made to shield the purchaser from misuse and to give in any
event there four fundamental rights all around the world.

Prior to 1984, there have been about 10 distinct laws in the Indian setting too to watch customer
Rights and shield him from being misused. In any case, none of these Acts were completely
ready to conquer the discomfort of low exchange rehearses that misused the buyer. Despite the
fact that the legislature had started different administrative arrangements to protect the interests
of the purchasers, they had been not able to accomplish their goal. It was 1985 where the Indian
administrators were propelled by motivated from the system set somewhere near the United
Nations lastly drafted The Consumer Protection Act 1986 of every one year.From that point
forward exactly the same law has been utilized for the security of purchasers with certain
corrections to a great extent. With the fast change in the shopper market and new types of
business tweaking and altering the law alone wasn't sufficiently adequate to adapt. A few
segments of the previous demonstrations were obsolete and numerous new issues have been
presented which were out of the ambit of the old law. At last, a 3-decade old Consumer
Protection Act 1986 was been supplanted by the Consumer Protection Act, 2019 a year ago in
August.

KEY HIGHLIGHTS OF THE CONSUMER PROTECTION ACT 2019

1. DEFINITION OF CONSUMER:
In the Old consumer protection act meaning of the shopper was just limited to purchasing
products or administrations, it didn't discuss an online buy or disconnected buy or mail order
shopping, and so on The new demonstration has expanded the meaning of buyer it incorporates a
depiction of online exchanges and disconnected footings, mail order shopping, and staggered
promoting and direct selling. Presently new act likewise covers online exchanges. The old
demonstration was likewise covering on the web exchanges yet there was no depiction included
about the on the web and disconnected exchanges in the old shopper security act.

2. REGULATORY AUTHORITY:

The focal government will set up a Central Consumer Protection Authority (CCPA) to advance,
ensure and authorize the privileges of shoppers. It will direct issues identified with infringement
of customer rights, unreasonable exchange rehearses, and misdirecting promotions. The CCPA
will have an examination wing, headed by a Director-General, which may lead request or
examination concerning such infringement. The base camp of the Central Authority will be at
such spot in the National Capital Region of Delhi. CCPA will complete the accompanying
capacities, including:

• Inquiring into infringement of customer rights, examining and dispatching arraignment at the
suitable gathering;

• Passing requests to review merchandise or pull back perilous administrations, repayment of the
value paid, and cessation of the out of line exchange rehearses, as characterized in the Bill;

• Issuing bearings to the concerned dealer/producer/endorser/sponsor/distributer to either

suspend a bogus or deluding ad or alter it;

• Imposing punishments, and;

• Issuing wellbeing notification to purchasers against dangerous products and enterprises.

3. IMPROVEMENTS IN PECUNIARY JURISDICTION:

Old constraints of financial have been improved in the new purchaser insurance act. in the old
demonstration, area shopper court was permitted to deal with cases for merchandise or
administrations worth incentive up to 20 lacs just not this breaking point has been expanded up
to 1 crore. State Consumer courts were permitted to deal with cases for products or
administrations worth 20 lac to 1 crore, presently in the new demonstration this breaking point
has been expanded currently state purchaser court can deal with cases having esteem worth 1
crore to 10 crores and the public court will deal with cases in which estimation of merchandise or
administrations is in excess of 10 crore. In the event that we take a gander at the new
demonstration, at that point we can see that the new demonstration has given region and state
courts more force now. Customers won't need to go to the public court for getting help which is a
truly decent improvement.

4. E-COMMERCE PLATFORMS:

New consumer protection act tell that online business will be represented under by all laws that
apply to coordinate selling of item or administration. Presently online business destinations
should reveal their vender's subtleties, for example, dealer's contact number, email id, site, and
kept location, and so forth to the purchasers. Additionally, there are severe punishments for
selling fake items on these internet business stages.

5. UNFAIR TRADING PRACTICES :

Probably the greatest improvement is that the new demonstration has expanded the meaning of
unjustifiable exchanging rehearses. The new demonstration tells that client's private information
such ought not be unveiled to some other individual or association without discloser from the
client. I discover this improvement excellent in light of the fact that when you visit any vehicle
showroom or bank and so on they gather your own information, for example, your telephone
number, email, how much cash you acquire, and so on also, they offer this information to
different organizations or individuals for cash which is a truly downright terrible out of line
exchange practice since when they offer this individual information to others then different
organizations begins calling you, messaging you about their items which is huge mental
badgering for shoppers
6. MEDIATION:

New customer insurance act gives intercession to settling questions rapidly which makes
unraveling debates simpler than previously. Presently each state will have intervention cell
branches which will help shopper courts to diminish their weight who as of now have numerous
forthcoming old cases

7. PRODUCT LIABILITY:

The idea of Product Liability has been presented in the new Consumer Protection Act, 2019. The
old demonstration was discussing just physical wounds however the new demonstration
additionally discusses mental misery or passionate pain brought about by the item. For instance,
an item doesn't harm you yet it harms your property and due to that you get into enthusiastic
misery then likewise you can record an argument against the producer of the item. The item
producer will likewise be held subject regardless of whether the maker was excluded while
selling the item. Thus, makers should fabricate great quality items just If we take a gander at this
new idea of item risk then we can see that the legislature is presently constraining makes to make
great items so shoppers can remain secured which a truly pleasant improvement is in the new
demonstration.

8. MISLEADING ADVERTISEMENTS:

New act speaks in insight regarding misdirecting commercials or bogus portrayal of items.
Presently the maker as well as the endorser will be held obligated for deceiving or bogus
commercials. This is a major improvement. The old demonstration didn't discuss it in detail. As
per the new demonstration, the fine for a deceptive or bogus notice for endorser is 10 lac rupees
which can stretch out up to 50 lac rupees and restriction on endorser or endorser maker.
Likewise, the endorser should confirm the cases that the item is asserting before supporting that
item. On the off chance that the endorser is seen as liable in the examination of CCPA, at that
point he/she should pay a fine of 10 lac rupees which can be reached out up to 50 lac rupees. The
new demonstration additionally says that if the producer or endorser is seen as liable, they are
subject for a very long time of detainment.
CONCLUSION

As a shopper, it is basic for you to comprehend the rights and the reliefs granted for infringement
of those rights. It is additionally the obligation of the administration to guarantee that any new
law which concerns each individual from the general public ought to be advanced enough that it
arrives at the remotest zone of the nation. The buyer assurance act 2019 has helpful arrangements
yet in the event that the residents won't know about it than such law won't have a lot of effect.
Just when the purchasers in a nation resolvedly represent what's their privileges will the venders
and the makers take prudent steps to guarantee they never get included over debates with respect
to the infringement of shopper rights. With the social enactment for purchasers getting another
update and getting down on the mix-ups and obscure acts of venders and makers being simpler
than any time in recent memory. The onus is presently on us as buyers to guarantee our
prosperity. The saying admonition emptor (purchaser be careful!) might have been delivered old
gratitude to the new demonstration, however it can possibly genuinely go out of date when we
utilize the rights that have been given to us. The new law bodes well on paper in this current
situation. In any case, its suggestions would be found inside the progression of time. For the time
being, the purchaser insurance act 2019 covers the greater part of the provisos which were there
in the shopper assurance demonstration of 1986.

REFERENCES

 Chambers of Jain & Kumar , Analysis of the Consumer Protection Act, 2019

August 2020 , https://www.lexology.com/library/detail.aspx?g=9b08f797-5899-4bef-a355-

b8a98095e28e

 Chitrapu Kama Raju , Consumer Protection Act,2019: Analysis and Challenges for Future ,
Prof. (Dr.) , https://www.latestlaws.com/articles/consumer-protection-act-2019-analysis-and-
challenges-for-future/

 Diva Rai,Dummies Guide to Consumer Protection Act, 2019, November 12, 2019,
https://blog.ipleaders.in/consumer-protection-act-2019/
 Rohit Pradhan , Critical Analysis: Consumer Protection Act 2019, September 18, 2020,
https://lexforti.com/legal-news/critical-analysis-consumer-protection-act-2019/

 Satvik Varma, Consumer Protection Act 2019: Enhancing Consumer Rights Published on :
02 Sep, 2019 , https://www.barandbench.com/columns/consumer-protection-act-2019-
enhancing-consumer-rights
 GREEN CONSUMERISM

INTRODUCTION

The previous century has seen an unmanageable lift in populace, putting a gigantic weight on the
accessible characteristic assets. Infer-able from the shortage of normal assets, there is a need to
search for choices so as to the satisfy the boundless human needs. With the expanding
mindfulness, individuals are getting more delicate towards to the need to change to green items
and administrations. The motivation to "make strides toward environmental friendliness" is
picking up force and individuals are attempting to move their utilization inclinations towards
ecologically solid items. The extent of the significance of green is generous. It can identify with
issues, for example, environmental concerns, protection, corporate social duty, compassionate
concerns, reasonable exchange, clean water, creature government assistance, balance, and
manageability.

THE GENESIS OF GREEN CONSUMERISM

Green commercialization alludes to a state where customers request items and administrations
that have gone through an eco-accommodating creation cycle or one that includes reusing and
defending the planets' assets. As such, green industrialism involves the creation, advancement,
and headway of the usage or utilization of merchandise and enterprises dependent on their master
climate benefits.Sustainable, recyclable, savagery free, characteristic – are the terms individuals
search for with regards to purchasing purchaser items today. With concerns encompassing
significant levels of contamination, quick pace of deforestation and environmental change
individuals are currently getting more cognizant about their buying designs. Directly from
cleansers and cleansers to packs and garments, buyers are currently looking out for extraordinary
quality and sensible costs, yet in addition for eco-accommodating brands. As per a review by
Euromonitor, a worldwide statistical surveying firm, 67 percent of individuals positioned
'climate awareness' as the most elevated boundary affecting their shopping trends.Consumers
making green buys are inspired by medical problems (purchasing natural food), mental qualities
(green decisions as sign of self-articulation and individual personalities, "differentiation") and
personal satisfaction issues (ethically guided choices, for example green product decisions,
which hurt the climate not exactly the ordinary ones).Various examinations have endeavored to
partition customers into various kinds – going from the non earthy person dim shopper who is
suspicious about ecological issues and glad to confide in science to take care of any issues; to the
submitted dark green purchaser who coordinates natural contemplation into his/all her ways of
life decision.5 There has been an expanding requirement for more eco-accommodating food
creation and thus, individuals are continuously building up a culture of purchasing more natural
and nearby food, which is seemingly more beneficial as they are not developed or delivered
utilizing counterfeit substance manures, anti-microbials , hormones, or pesticides. Many
organizations all through the world have asserted their biological duty and hurried to actualize
wants of continually expanding network of green shoppers. An ever increasing number of
organizations and businesses are working their way in joining the "green development", either
out of genuine enthusiasm for contributing towards climate or with the craving to exploit the
developing purchaser interest for greener ways.

GREEN CONSUMERISM AND INDIA

India has seen a lot of modernisation and industrialisation post-autonomy and has been among
the top rising economies since 1991. The nation has been long mindful about the advantages of
utilizing common, home grown items because of its ayurvedic legacy and ongoing mindfulness
among the customers has additionally improved green industrialism in the country.India is
making stride towards giving sheltered and greater climate neighborly business sectors for its
cognizant shoppers. Various ecological laws have been proclaimed in the nation to forestall
natural corruption. Both government and nongovernment associations have coasted green
missions to battle the ever-expanding issues of contamination and quick consumption of normal
resources.7 Five Indian organizations have caused it to the worldwide rundown of firms that to
have demonstrated authority in embracing measures to cut their atmosphere harming discharges.
The vast majority of the organizations performing better as far as their endeavors to battle
environmental change are located in Europe, trailed by the US and Japan.8 Wider admittance to
the web and more social and ecological cognizance are forming customer decisions in the
market.While public are working their way towards turning out to be more cognizant purchasers,
there is still a lion's share of populace who are uninformed about the corrupting natural
circumstance and the novel thoughts and activities to "become environmentally friendly", "green
commercialization", "green showcasing" and so forth. Despite the fact that administration has
taken a few activities like impressive laws to control contamination, assembling, deal and
utilization of reused plastic packs and so on, it actually does not have the administration for the
correct usage of laws. The legislature dispatched eco-naming plans known as eco - checks yet
tragically it is elusive items with eco-marks.There are a few different difficulties looked in the
correct usage on these green missions. The reasonable or green way of life is regularly seen to be
more costly and troublesome. Most customers anyway think about elements of cost and
accommodation first and foremost.Pro-natural disposition isn't adequate to transform sincere
goals into real purchasing activities, potentially because of a few components, for example,
steadfastness to customary items and feeble believability of "green" claims. Individuals are
skeptical of eco-claims on items and there is a requirement for an abrogating, dependable
wellspring of data about the manageability of items and administrations.

MEETING EXPECTATIONS

While the administrations of the countries are finding a way to instill supportability in
merchandise creation and utilization, it is likewise a duty of the shoppers to participate and
utilize the assets accessible in a reasonable way. In this day and age each individual has the
opportunity of decision and it is here where customers need to utilize this intensity of theirs as
intends to shield the corrupting climate. Since clients are to a great extent unconscious of green
other options, organizations first need to consider themselves instructors, not salesmen. What's
more, they have to broaden their exercise plans past their own items to the more extensive issues
of contamination, environmental change, overfishing, and other ecological issues. Furthermore,
non-benefits and government organizations likewise need to address the reason for green
training. So as to improve shoppers' perspectives on green items, organizations ought to make
items that are equivalent to, or better than, regular other options. Customers actually esteem
proficiency, dependability, and sturdiness more than the natural adequacy of an item. A more
comprehensive way to deal with green purchaser would likewise help in advancing green
conduct by moving the concentration from an individual shopper as the leader to a family, a
network or other unit of entertainers.
CONCLUSION

In this globalization period, because of fast expanding populace and industrialization ecological
issues are expanding step by step. Subsequently, so as to shield the planet from natural
corruption, green industrialism can assume a fundamental part by guaranteeing the utilization of
reasonable assets in a cognizant and monetary way. Considerable ecological advantages could be
procured by unobtrusively moving utilization designs from customary items to reasonably
created ones. Appropriation of Green industrialism may not be simple in the short run, however
it will end up being beneficial and manageable in a since quite a while ago run. To stay away
from laments a very long time into the future, nonetheless, we can start to ration the green spread
and other normal assets by turning out to be green purchasers.

REFERENCES

 Green Consumerism- Your Shopping Decisions Can Save The Environment, Green Clean
Guide [online] Available at: <https://greencleanguide.com/green-consumerismyour-
shopping-decisions-can-save-the-environment/> [Accessed 22 September 2020].

 L. Golubevaitė, Eco-labelling as a marketing tool for green consumerism (1) Global

Academic Society Journal: Social Science Insight, 25-36, (2008).

 The Elusive Green Consumer, Harvard Business Review, [online] Available at:
<https://hbr.org/2019/07/the-elusive-green-consumer> [Accessed 22 September 2020].

 W. Handayani and R. Prayogo, Green Consumerism: An Eco-Friendly Behaviour Form

Through The Green Product Consumption and Green Marketing, 7(2).SINERGI, (2017)