Consumer Protection & Product Liability

Introduction

Consumer Protection Act, 2019 is the spearhead parchment of legislative enactment that provides protection to consumers in India and enunciates mechanism in order to safeguard their rights. The Act was originally introduced in the year 1986 and then amended in the year 2002 through the Consumer Protection Amendment Act, 2002 and later vide the Consumer Protection Bill, 2019 was introduced in Lok Sabha by the Minister of Consumer Affairs, Food and Public Distribution, Mr. Ram Vilas Paswan on July 8, 2019. The Bill replaces the Consumer Protection Act, 1986.

Definition of Consumer
A consumer is defined as a person who buys any good or avails a service for a consideration. It does not include a person who obtains a good for resale or a good or service for commercial purpose. It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.

Rights available to a consumer the Consumer Protection Act

The main objective of the Consumer Protection Act is to
provide better protection of consumers and establish a
strong mechanism for the settlement of consumer
disputes. The Consumer Protection Act seeks right to:

1. Protect against the marketing of goods which are
hazardous to life and property;

2. Information about the quality, quantity, potency, purity,
standard and price of goods to protect the
consumer against unfair trade practices;

3. To be assured of access to a variety of goods or services at competitive prices;

4. Seek redressal against unfair trade practices or
unscrupulous exploitation of consumers;

Latest Changes

The latest change brought about by the new Act is the establishment of a Central Consumer Protection Authority (CCPA). The CCPA will have an investigation wing headed by a Director-General. This wing would have the power to conduct inquiries on matters relating to violations of consumer rights, unfair trade practices, and misleading advertisements. It has been given the power to investigate violations of the law and launch prosecution at the appropriate forum. The power of search and seizure granted to this Authority.

Also, now there is clear definition of e-commerce terms such as ‘direct selling’ and ‘electronic service provider’. The amended definition of a ‘consumer’ recognises transactions conducted through all modes, whether offline or online, through electronic means, teleshopping, multi-level marketing or direct selling.

We at Tripaksha Litigation

Consumer Protection and Product Liability is one of the most sensitive issues in today’s scenario and is a complex domain and we at Tripaksha Litigation possess unique set of skills through which we make it convenient for our clientele to secure ends of justice and obtain the desired reliefs. The expertise of our team in handling varied consumer disputes across different Consumer Fora is the USP and no compromise is made on the quality of our deliverables towards our clientele and prospective clientele.

The team of Tripaksha Litigation has a stellar and outstanding national reputation for successful representation in class action consumer protection claims and disputes.

You can read more about Consumer Protection Law Demystified at (Consumer Protection Law Demystified)

You may contact me for consultation or advice by visiting Contact Us

PRACTICE AREAS