The Consumer Protection Act was first implemented in 1986 and it is for the betterment and fast compensation for the consumers. It gives the rights to the consumers to speak against inadequacy and flaws in any products as well as services. If any manufacturer did any illegal trade then this act protects the consumer by giving the right to complain against the seller or manufacturer. This act is established by law and these laws prevent from any unfair practices. This act is linked to the right of consumer and the formation of Consumers organization so, it helps the consumer to choose better choices in any market place and if any product or things are defective they can easily replace them and sue the manufactures or sellers. Now the thing which is come is our minds are who is consumer? A consumer is someone who acquire goods or services for direct use rather than for resale or use in any other producing or manufacturing is called as Consumers.
Now, the rights of Consumers after the consumer Protection Act 2019 or who it differs from consumer Protection Act 1986.The 2019 consumer ‘s act define as it includes all the online offline Purchasing, food, endrosement of goods andservices,electronicservices,ecommerce,internet,digitaltechnology,advertisement etc. excluding Jammu and Kashmir it is applicable in all the parts of India. This act was implemented on 9th August 2019. So, for consumers there is a separate Consumer court where Consumer can seek compensation for harm which is caused by a product or services. There is also CCPA (Central Consumer Protection authority) is formed which is for the consumers violation of rights and for unfair trade practices or any misleading advertisements and enforcements of consumers rights. The Mediation cell is also introduced in 2019 act and it is used in courts for the settlement.
The Pecuniary Jurisdiction is also changed now in this act like-for the District court is for up to rupees 1 crore, for state court is upto rupess 10 crore and national court it is above rupees 10 crore.The ADR or Alternative Dispute Resolution is also introduced and it is used for the speedy resolution of disputes which is to provide for referring the disputes to mediation and it also provides for the establishment of a consumer mediation cell by the respective State government in each district. In 2019 act all the rules or direct selling is extended to e-commerce.
Objectives of 2019 Consumer Protection Act-:
- Its main objective is towards the product liability towards the sellers default in case of manufacturing defect and the defect in designing of the products and the warranty or guaranty is not properly given about the products and also if the correct instruction is not given for the product.
- The punishment for manufacturer of goods is also increased now as if the first conviction, court may suspend the license to the person for 2 years and for second conviction license maybe permanently cancelled.
- The consumer now directly deal with the sellers as sellers now did not refuse to get back the defective goods and can also withdraw services or refuse refunds.
- The sellers cannot manipulate the price of the goods or services to gain unreasonable profits through unjustified price.
These are some of the major changes occur after the implementation of consumer protection Act 2019 and these changes giver more power or rights to the consumers for there loses which is caused by the manufacturers and sellers it benefited the consumers for there losses or sufferings.
Aishwarya Says:
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