The Consumer Protection Act, 2019

The term 'consumer' means a person who has purchased a good or service for his own consumption from a seller, manufacturer or service provider. In the old times when there was a market-based economy, there was no talk about consumer rights, only the rule of buyer beware was applicable, that is, the buyer needed to be careful. If any defect is found in the service or goods, then no relief was available for him. Consumer laws were made in America with the efforts of Ralph Nader, and in India, with the efforts of J.R.D.Tata, work was done towards consumer awareness and consumer protection. The first consumer protection law came into existence in the year 1986, and at present the Consumer Protection Act 2019 is in force, which has come into effect from July 20, 2020. This new law has replaced the three-decade-old Consumer Protection Act, 1986.The Consumer Protection Act 2019 strengthens consumer rights in India.

Let us know some key points related to consumer rights under this new law.

Important and interesting facts:

1. Consumers can file their complaints in the same District Consumer Forum where they live or where they work or do business. It does not matter from where they bought the goods or received the service. This is an important right under the Consumer Protection Act 2019, helping to protect consumer rights in India. They also have access to e-filing and video conference facilities, which were not available earlier. If a consumer suffers injury or damage due to a defect in the goods or service, then the manufacturer of the goods or the service provider has to compensate for it. For example, if a pressure cooker is manufactured in a factory, then the manufacturer is liable to pay compensation.
If the cooker bursts due to a defect and the consumer is harmed, then the manufacturer will be responsible to compensate the consumer for this loss as well, and not just
for the cost of the cooker. Earlier, for such compensation, one had to go to civil court, in which the case would go on for years.
2. The District Consumer Commission, a part of the consumer court India system, can hear cases up to Rs 50 lakh. Earlier, under the Consumer Protection Act, 2019, this power was increased to Rs 1 crore. In the notification issued by the Central Government on 31 December 2021, it was reduced to 50 lakhs. The Consumer Protection (Jurisdiction of District Commission, State Commission and National Commission) Rules, 2021 have been made and notified by the Ministry of Consumer Affairs, Food and Public
Distribution of the Center. The State Consumer Commission hears consumer cases of more than Rs 50 lakh and up to Rs 2 crore. Earlier this power was from more than 1 crore to 10 crore. The National Consumer Commission will hear consumer cases above Rs 2 crore, Earlier this power was for cases above Rs 10 crore.
3. For the first time, online business has been brought under this law,making it easier for consumers to file online consumer complaints and seek consumer grievance redressal. Online platforms like Amazon, Snapdeal, Flipkart etc. will have to put on their website not only the details of the sellers, such as their address, website, email but also information related to refund, warranty, terms of contract etc., so that there is more transparency. E-commerce companies will have to ensure that no fake products are sold on their platform, otherwise they can be punished for it. These companies can no longer argue that they are mere platforms or aggregators.
4. Under the new law, there is provision for the formation of a Central Consumer Protection Authority (CCPA) along with consumer courts. The CCPA can impose a fine of up to one lakh rupees on the manufacturer or the endorser or service provider for false or misleading advertisements and can also sentence them to imprisonment of up to 2 years.
5. The new law provides for an integrated grievance redressal mechanism, called INGRAM, through which consumers can register their complaints online from their homes.

(a) INGRAM Help Line (consumerhelpline.gov.in)

(i) This website was launched by the Department of Consumer Affairs to spread awareness among consumers, advise them and redress their grievances. This website acts as a central registry for registering consumer cases.
(ii) The portal has been launched to bring all stakeholders like consumers, Central and State Government agencies, private companies, regulators, ombudsman and call centres, etc. on a single platform.
(iii) This portal helps to create awareness among consumers to protect their rights and inform them about their responsibilities.

(b) National Consumer Helpline (NCH)

(i) Any aggrieved consumer can register his/her grievance by calling on the toll free number 1800-11-4000 where an agent will register the complaint and provide a reference number. This toll free number can be called on all days between 9:30 AM to 5:30 PM, except on national holidays.
(ii) Consumers can also register their complaints by sending an SMS from their phone to 8130009809. Here you will receive your complaint number via SMS.
Consumers can also register their complaints through the Consumer Helpline India for quick assistance.
(c) Online registration
To lodge a complaint online, one-time registration is required, Follow these steps to get OTR and Registration.
Step 1: visit the web portal http://consumerhelpline.gov.in, click on the login link, sign up by providing the required information and verify through your e-mail. This way you will get a user ID and password on the portal.
Step 2: Using this user ID and password, register your complaint in the portal and also attach the required documents, if available.

Action after complaint registration

A unique complaint ID is generated for every complaint. Based on this complaint ID, your complaint is forwarded to the concerned company, regulator or authority. After this, you can also check the status of your complaint on the portal from time to time. It may take up to 45 days for your complaint to be resolved.

Other important facts

1. A consumer should never go directly to the consumer court for a complaint. When this is done, we have seen that the consumer is always asked by the consumer court (why did you not first contact the concerned company for your complaint) or (why did you not use any other complaint redressal system).
2. If your complaint is not resolved by the concerned company or even after taking help of this portal then you can file your case in the consumer court.

Essential Facts and Consumer Rights Under the Act

1.Who can file a complaint under the Act?

Under this Act, a complaint can be filed by any consumer, a registered consumer association, the Central or State Government, or even a legal heir or representative of a deceased consumer.

2.What types of complaints can be filed?

Complaints can be filed for defects in goods, deficiency in services, overcharging, unfair trade practices, misleading advertisements, and sale of hazardous products.

3.Time limit to file a complaint

A consumer complaint must be filed within 2 years from the date of cause of action. However, in some genuine cases, the consumer forum may allow late filing if sufficient reasons are provided.

4.Consumer Rights under the 2019 Act

Right to be protected against hazardous goods and services
Right to be informed about quality, quantity, and price
Right to be heard at appropriate forums
Right to seek redressal against unfair trade practices
Right to consumer education

5. No need for a lawyer

The complaint process is simple and affordable — consumers can file complaints without hiring a lawyer.