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Overview of Amendment in Consumer Protection Act, 2019
Introduction
The practice of defending consumers against unethical business practices is known as consumer protection. It describes the measures taken to safeguard customers from dishonest and unethical business practices by sellers, manufacturers, service providers, etc. and to offer remedies in the event that their legal rights as consumers have been breached.
The Consumer Protection Act of 2019 governs the administration of consumer rights protection in India. To replace the Consumer Protection Act of 1986, the Consumer Protection Act of 2019 was proposed. The new Act includes a number of provisions that take into account the difficulties faced by contemporary, technologically dependent customers. The Act also includes a number of clauses aimed at advancing and defending consumer rights.
Meaning of the word ‘consumer’
A consumer is a person or group of people who buy products and services for their own consumption rather than for manufacture or resale. According to Section 2(7) of the Consumer Protection Act of 2019, a consumer is someone who purchases goods or services in return for money and uses them for both personal use and resale or other commercial purposes. It is explicitly mentioned in the definition of "consumer" that the terms "buys any goods" and "hires or avails of any services" also cover any electronic transactions made online, as well as direct selling, teleshopping, and multi-level marketing.
Need for the Consumer Protection Act, 2019
The Indian government passed the Consumer Protection Act, 2019 to address issues connected to consumer rights violations, unfair business practices, deceptive advertising, and other situations that are detrimental to consumers' rights. Because of the advancement of technology and the dramatic rise in the purchase and sale of products and services online over the past several years, the Parliament intended the Act to include protections for e-consumers.
By establishing Consumer Protection Councils to resolve disputes should they occur and to give adequate compensation to consumers if their rights have been violated, the Act aims to better protect the rights and interests of consumers. Additionally, it offers quick and efficient handling of customer concerns through alternative dispute resolution procedures. The Act also encourages consumer education to inform consumers of their rights, obligations, and options for resolving complaints.
Objective of the Consumer Protection Act, 2019
The Act's primary objective is to safeguard consumers' interests and establish a robust and stable mechanism for consumer dispute resolution. The Demonstration plans to:
1. Prevent the promotion of products that pose a threat to both life and property.
2. Inform customers about the products' quality, potency, quantity, standard, purity, and price to protect them from unfair business practices.
3. To safeguard consumers' rights and interests, Consumer Protection Councils should be established.
4. Whenever you can, make sure you have access to a supplier of competitive goods.
5Ask for redress for unethical business practices or consumer exploitation.
6. Protect consumers by appointing authorities responsible for adequate, prompt administration and dispute resolution.
7.Establish the penalties for violations of the Act.
8. In the event of a problem or dispute, listen to your customers and make sure that their welfare will be taken into consideration in the appropriate forums.
9. Educate customers about their rights and provide them with education.
10. Utilize alternative means of resolving disputes to respond to customer complaints in a timely and efficient manner.
Changes incorporated in Consumer Protection Act, 2019
The enactment of the Consumer Protection Act, 2019 are:
1. The Region Commissions will have the locale to engage grievances where the worth of the merchandise, administrations or items paid as thought to the vender doesn't surpass 50 lakh rupees.
2. Where the value of the goods, services, or products paid as consideration to the seller exceeds 50 lakh rupees but does not exceed two crore rupees, complaints will be heard by State Commissions.
3. Complaints involving goods, services, or products valued at more than two crore rupees as payment to the seller will be heard by the National Commission.
4.The Demonstration further expresses that each objection concerning customer debate will be discarded as quickly as could really be expected. If a complaint filed under this Act does not require analysis or testing of the goods or services, a decision on the complaint must be made within three months of the date the opposing party received notice, and if the complaint does require analysis or testing of the goods or services, it must be made within five months.
5. Complaints can now be filed online thanks to the Consumer Protection Act of 2019. In this regard, the Central Government has established the E-Daakhil Portal, which offers consumers across India a cost-effective, quick, and convenient means of contacting the appropriate consumer forums in the event of a dispute.
6. Direct selling and e-commerce are allowed by the Act.
7. Mediation and other forms of alternative dispute resolution are outlined in the Consumer Protection Act of 2019 so that the parties can settle the dispute without having to go through the hassle of litigation.
8.The Customer Insurance Act, 2019 contains arrangements for item responsibility, unjustifiable agreements and it likewise incorporates three new out of line exchange rehearses. On the other hand, the previous Act only listed six kinds of unfair trade practices.
9.The Demonstration of 2019 goes about as the warning body for the advancement and insurance of customer freedoms.
10. The Consumer Protection Act of 2019 gives the Central Government the authority to appoint the members of selection committees, so there is no room for them.
CONCLUSION
As can be seen, CPA 2019 has made a number of changes to CPA 1986. In India, the consumer protection regime has been expanded by CPA 2019. The progressions made vide CPA 2019 appear to additionally engage buyers by utilizing liabilities not just on their partners, i.e., the merchants, makers, specialist co-ops, yet additionally the endorsers of such items. It likewise endeavors to resolve the issues that were not thoroughly addressed by CPA 1986, such interests of shoppers as a class, and so on.
CPA 2019 has likewise endeavored to ease and secure the course of shopper debates goal by expanding the monetary locale of the commissions, joining intercession cells, expanding the individuals from the commissions, forcing higher punishments and so forth.
Because so many brand-new concepts have been introduced, it is impossible to precisely estimate the effects of CPA 2019 in advance. Nonetheless, what can be said is that everybody engaged with an exchange, other than the customer, should be more cautious and mindful than at any other time.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.