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The Consumer Protection act 

, 2019  was introduced in the Lok Sabha on 8 July 2019 by


the  Minister of Consumer Affairs, Food and Public Distribution,  Ram Vilas Paswan. It was
passed by  Lok Sabha  on 30 July 2019  and later passed in  Rajya Sabha  on 6 August 2019.
RIGHTS OF CONSUMERS
1. Right to safety
Means right to be protected against the marketing of goods and services, which are hazardous
to life and property. The purchased goods and services availed of should not only meet their
immediate needs, but also fulfil long term interests.

2.Right to be informed

Means right to be informed about the quality, quantity, potency, purity, standard and
price of goods so as to protect the consumer against unfair trade practices.
Consumer should insist on getting all the information about the product or service
before making a choice or a decision. This will enable him to act wisely and responsibly
and also enable him to desist from falling prey to high pressure selling techniques

3.Right to choose

Means right to be assured, wherever possible of access to variety of goods and services at
competitive price. In case of monopolies, it means right to be assured of satisfactory quality
and service at a fair price. It also includes right to basic goods and services. This is because
unrestricted right of the minority to choose can mean a denial for the majority of its fair share.
This right can be better exercised in a competitive market where a variety of goods are
available at competitive 

4.Right to be heard
Means that consumer's interests will receive due consideration at appropriate forums.
It also includes right to be represented in various forums formed to consider the
consumer's welfare. The Consumers should form non-political and non-commercial
consumer organizations which can be given representation in various committees
formed by the Government and other bodies in matters relating to consumers.

5.Right to seek redressal


Means right to seek redressal against unfair trade practices or unscrupulous
exploitation of consumers. It also includes right to fair settlement of the genuine
grievances of the consumer.
Consumers must make complaint for their genuine grievances. Many a times their
complaint may be of small value but its impact on the society as a whole may be very
large. They can also take the help of consumer organisations in seeking redressal of
their grievances.
 
6. Right to consumer education -- Means the right to acquire the knowledge and skill to be
an informed consumer throughout life.Ignorance of consumers, particularly of rural
consumers, is mainly responsible for their exploitation. They should know their rights
and must exercise them. Only then real consumer protection can be achieved with
success

What are the various consumer responsibilities?


Various efforts have been made by government and non-government organisations to protect the
interest of consumer but exploitation of consumer will stop only when consumer himself will
come forward to safeguard his own interest. Consumers have to bear some responsibilities which
are given below:

1. Consumer must Exercise his Right:

Under Consumer Protection Act the consumer is granted various rights such as right to safety,
right to choose, right to be heard etc. but these rights will be useful only when consumer
exercises these rights. The consumer must select the product according to his preferences, he
must file a complaint if he is not satisfied with the quality of product, he must be aware of his
rights and exercise them whenever required.

2. Cautious Consumer:

The consumer should not blindly believe on the words of seller. He must insist on getting full
information on the quality, quantity, utility, price etc. of the goods or services.
3. Filing Complaints for the Redressal of Genuine Grievances:

Most of the time consumer ignores the loss he suffers on purchase of defective good or service
but this attitude of not filing complaint encourages the corrupt businessmen to supply low
standard or defective goods and services.

The consumer must file a complaint even for a small loss. This awareness among consumers will
make the sellers more conscious to supply quality product. Whenever consumer is filing a
complaint it must be genuine. The consumer should not exaggerate the loss or defects of goods.

4. Consumer must be Quality-Conscious:

The problems of supply of substandard goods, adulterated products and duplicate products can
be solved only when consumer himself stops compromising the quality of product. While
purchasing the goods or services consumer must look for quality marks such as ISI mark,
Agmark, ISO, Wool Mark, etc.

5. Do not be carried away by Advertisements:

The advertisements often exaggerate the qualities or features of product or service. The
consumer must compare the actual use of product with the use shown in advertisement and
whenever there is any discrepancy or difference it must be brought to the notice of sponsor of
advertisement and insist to stop showing exaggerated qualities.

6. Insist on Cash Memo:

To file a complaint the consumer needs the evidence of purchase, and cash memo is the evidence
or proof that consumer has paid for the goods or service. A seller is bound to give a cash memo
even if buyer does not ask for it. To file a complaint and get compensation the consumer must
ask for cash memo.
7. Form consumer societies which could play an active part in educating consumers and
safeguarding their interest.

9. Discourage black marketing, hoarding and choose only legal goods and services.

10. Be aware of variety of goods and services available in market.

What are the various consumer redressal commissions?


The act provides for three consumer redressal commissions. At the apex of the hierarchy we
have National Consumer Redressal Commission.

National Consumer Dispute Redressal Commission


Section 21 of the Consumer Protection Act provides for the establishment of a National
Consumer Disputes Redressal commission which can deal with cases whose cause of action lies
anywhere in the territory of the country or the parties reside or carry on business anywhere
throughout the territory of the country. Its pecuniary jurisdiction is more than Rs. 1 crore, this
means it can deal with cases wherein the amount claimed in the suit exceeds Rs. 1 crore. If any
of the party is not satisfied with the judgment, an appeal can be made to the Supreme Court of
India within a period of 30 days.

The law provides various remedies to a consumer who has purchased goods with a defect and/or
service with a deficiency.

State Consumer Dispute Redressal Commission


Every state has to establish a state forum in order to redress the grievances of the consumers and
to unburden the NCDRC. The state forum can deal with cases whose cause of action lies within
the territory of the state or where the party/ parties reside or carry on business within the
boundaries of that particular state. The pecuniary jurisdiction is upto Rs. 1 crore, this means that
a complaint claiming an amount between Rs. 20 Lakhs and Rs. 1 Crore can be addressed by the
state forum. If the any party is not satisfied with the judgment, an appeal can be made to the
NCDRC of India within a period of 30 days.
District Consumer Dispute Redressal Commission

Every state has to establish a district forum in each district within the state in order to redress the
grievances of the consumers and to unburden the NCDRC and the SCDRC. The district forum
can only deal with cases whose cause of action lies within the territory of the district or where
the party/ parties reside or carry on business within the boundaries of that particular district. The
pecuniary jurisdiction is upto Rs. 20 Lakhs, this means that a complaint claiming an amount
below Rs. 20 Lakhs can be addressed by the district forum. If the any party is not satisfied with
the judgment, an appeal can be made to the SCDRC of the state within a period of 30 days.

Who can file a complaint in the consumer redressal


commission?
● A consumer who purchased the defected goods or availed deficient services can file a
complaint in the consumer redressal commission.
● If there is a hazardous good being sold in the market, a consumer or a group of
consumers can file a complaint on behalf of the general public who also might be
consumers of the same. Here is how to file a Public Interest Litigation (PIL).
● A complaint can also be filed by a consumer protection association.

How to file a complaint in a consumer redressal commission?


Step 1: File a complaint in the consumer redressal commission which has the jurisdiction to
address your grievance along with the court fee of the various forums as specified in the act.No
format has been provided for filing a complaint and it is not mandatory to hire a lawyer.

Step 2: Keep copies of all the necessary documents such as bills, receipts, electronic mails,
telephonic conversations etc. It is also important to submit a copy of the necessary documents
along with the complaint.

Step 3: Ensure that the complaint is filed in writing within 2 years of purchasing the good or the
service.
Step 4: The complaint must include the name and contact information of the person who has the
grievance and against whom the grievance is being filed. It should also specify the method of
redressal which include replacing the defected good with a good of similar description but
without defect or removing the defect from the good or compensation for the damages suffered
due to the defects in the good or the service.

Step 5: The forum will give the party against whom the complaint has been made a period of 30
days to appear before the forum and to defend himself/herself.

Step 6: The forum can also order testing of the goods in laboratories to determine the defect(s)
in the goods as mentioned in the complaint. After giving opportunities to both the parties and
hearing them, the forum will deliver a judgment.

Step 7: If either of the parties is not satisfied with the decision, an appeal may be made to a
forum higher in the hierarchy of consumer redressal commissions.

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