Consumer Protection Act 1986: Definition, Objectives and Features

In India, Consumers are mostly unaware of their rights and think bad products and services are unavoidable. But this is not true. The parliament of India enacted the Consumer Protection Act 1986 to protect the consumer’s interest. The government created this act to safeguard the interests of all consumers from unfair and restrictive trade practices.

Table of Content

• What is Consumer Protection Act?
• Who is a Consumer According to Consumer Protection Act 1986?
• Consumer Rights
• Consumer Responsibilities
• How to File a Complaint under the Consumer Protection Act 1986?

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What is Consumer Protection Act?

“An Act to protect consumer interests and to establish consumer councils and other agencies for the settlement of consumer disputes and related matters.”

The Consumer Protection Act (CPA) is a law that aims to protect consumers' rights and ensure that businesses do not take advantage of them. The act was designed to allow consumers to seek redress for unfair business practices, fraud, and misrepresentation.

The CPA sets out various provisions that protect the interests of consumers, including the right to receive clear information about products and services, the right to fair and honest advertising, the right to safety in the use of products and services, and the right to seek compensation for harm caused by defective products or services.

The act establishes bodies such as consumer courts, commissions, and consumer protection councils to hear complaints and take legal action against businesses violating consumer rights. It also provides penalties and fines for businesses guilty of violating consumer protection laws.

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Additionally, it aims to protect consumers' rights from unethical or restrictive trade operations. The Lok Sabha approved this law on December 9, 1986, and the Rajya Sabha on December 10, 1986. The President of India gave his assent on December 24, 1986, and it was published in the Indian Gazette on December 26, 1986.

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Who is Consumer According to Consumer Protection Act 1986?

In the Consumer Protection Act 1986, a consumer is defined as any person who purchases, hires, or avails of any goods or services for a consideration, which includes payment or promise of payment. The definition also covers users of goods and services, including beneficiaries of such services, who do not have to pay for them directly but may have received them through a gift or any other means. The Act aims to protect the interests of consumers by providing them with legal rights and remedies against unfair trade practices, defective goods, and deficient services. It covers all types of transactions, including those made offline and online using electronics such as teleshopping, multi-level marketing, or direct selling.

Consumer Rights

Right to Safety

It means a legal right that protects one from promoting products and services that endanger life and property. The items and services obtained should serve their long-term interests and present requirements. Customers should demand both the product quality and the warranty of the goods and services before purchasing. They should preferably buy high-quality products with labels like ISI, AGMARK, etc.

Ability to Choose

It means having the legal right to various goods and services at reasonable prices wherever possible. Generally, it means that consumers have the right to expect a reasonable price and high-quality service from monopolies. It also covers the right to fundamental goods and services.

This is because the majority may not receive its fair share if the minority’s freedom of choice is unlimited. An environment where various goods are available at competitive prices will allow it to be exercised more effectively.

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Right to be Informed 

It means the consumer has a legal right to information about the items’ quality, quantity, potency, purity, standard, and price to avoid unfair trade practices. Before deciding, the consumer should acquire all the facts about the good or service. This allows them to act sensibly and responsibly and avoid giving in to high-pressure selling tactics.

Right-to-Consumer Education

It means having the freedom to gain the knowledge and skills crucial to making wise consumer decisions. The leading cause of customers’ exploitation is their ignorance, especially that of rural consumers. Customers must be aware of their rights and exercise them. This is the only way to achieve effective consumer protection.

Right to be Heard

Ensures that the customer’s interests are taken into consideration in relevant forums. In addition, it involves the right to be represented in several forums created to protect the interests of consumers. Consumers must establish non-political, noncommercial consumer organizations to represent them on government consumer committees and other consumer-related bodies.

Right to Seek Redressal

is the ability to file a complaint about unethical business practices or the unscrupulous exploitation of customers. It also involves the right to a fair resolution of the consumer’s sincere complaints. Consumers who have legitimate complaints must file them. Sometimes, their grievance may be of little value, but it may significantly impact society. They can also seek the assistance of consumer organizations to help them resolve their disputes.

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Consumer Responsibilities

Ask Yourself!

• Have you ever faced any issues as a consumer?
• Have you ever complained about a similar issue?
• Do you know one way to safeguard your interests is to ask a consumer group for help?

Be Critically Aware

We must be more vigilant and to inquire more about costs, the quantity and quality of things purchased, and the services utilized.

Be Involved

The obligation to be assertive is to ensure that you, as a consumer, receive a fair offer. Also, you should ensure you fully understand all the necessary market conditions and trade practices.

Be Organized

The duty to band together, speak up as consumers, fight as a group, and build the power and influence necessary to advance and defend consumer interests.

Practice Sustainable Consumption 

The obligation to consume in a way that meets your needs rather than your wants and to be conscious of how your actions affect other people, particularly the weaker or more vulnerable groups.

Be Responsible to the Environment

We must be knowledgeable about and comprehend how our consumption affects the environment. We should be aware of our personal and collective obligations to preserve natural resources and save the planet for future generations.

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Objectives of the Consumer Protection Act, 1986

How to File a Complaint under the Consumer Protection Act 1986?

Steps to File a Complaint under the Consumer Protection Act, 1986:

• File Within Two Years: The complaint must be lodged within two years from the date of the incident or purchase of the product/service to be valid.
• State the Problem Clearly: The complaint should include details of the issue and the desired resolution, such as a refund, replacement, or compensation. The demand must be reasonable and justified.
• Attach Relevant Documents: Include copies of receipts, bills, warranties, or contracts to support your case. These are crucial for verification and evidence.
• Submit the Complaint: Send the written complaint to the consumer forum through email, registered post, fax, or by hand. Ensure you receive an acknowledgement for the submission.
• Language Flexibility: The complaint can be filed in any preferred language, ensuring accessibility for consumers from different regions.
• No Lawyer Required: The process does not require hiring a lawyer, making it simple and cost-effective for consumers.
• Maintain Records: Keep copies of all documents and communications sent to and received from the consumer forum for future reference and follow-up.

Conclusion

The Consumer Protection Act of 1986 was created to protect the rights of consumers in India. It allows people to file complaints if they receive faulty products, poor services, or are cheated by businesses.

The Act also set up special courts to solve consumer problems quickly and fairly, helping ensure that businesses are honest and treat their customers well. It gives consumers the power to stand up for their rights.