CONSUMER CASES UNDER CONSUMER PROTECTION ACT, 2019

CONSUMER CASES UNDER CONSUMER PROTECTION ACT

 

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What is the Consumer Protection Act?

 

The Consumer Protection Act, 2019 (replacing the 1986 Act) aims to protect the rights of consumers, promote fair trade practices, and ensure speedy redressal of consumer grievances. It empowers consumers and provides a three-tier redressal mechanism for disputes related to defective goods, deficient services, or unfair trade practices.


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Who is a Consumer?

 

Under Section 2(7) of the Act, a consumer is:

  • A person who buys goods or hires/avails services for a consideration (paid, promised, or partly paid),
  • Includes online, offline transactions,
  • Excludes those who buy goods for resale or commercial purpose.

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Grounds for Filing a Consumer Complaint

 

A consumer can file a complaint for:

1.     Defective goods

2.     Deficiency in services

3.     Unfair or restrictive trade practices

4.     Overcharging or deceptive pricing

5.     Sale of hazardous goods/services

6.     Product liability claim (under new provisions)

 

TYPES OF CONSUMER CASES

Type

Example Cases

Deficiency in Service

Delay in delivery, poor banking/insurance/telecom services

Defective Product

Electronics, appliances, vehicles, etc.

Online Shopping Issues

Wrong delivery, no delivery, misleading ads

Medical Negligence

Poor hospital treatment or diagnosis errors

Builder Disputes

Delay in possession, poor quality construction

Airline/Travel Complaints

Lost baggage, flight cancellations without refund

 

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Remedies Available to Consumers

1.     Refund of amount paid

2.     Compensation for loss or injury

3.     Replacement of goods

4.     Repair of defect

5.     Removal of deficiency in service

6.     Discontinuation of unfair practices

7.     Punitive damages (in exceptional cases)

8.     Litigation cost reimbursement


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Time Limit for Filing a Complaint

  • 2 years from the date of cause of action.
  • Delay can be condoned if sufficient cause is shown.

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New Provisions under 2019 Act

  • E-commerce included under liability
  • Central Consumer Protection Authority (CCPA) established for class action and investigation
  • Product liability provisions
  • Mediation as an alternative dispute resolution
  • Simplified online filing of cases