Consumer Protection — Rights, Responsibilities and Redressal under the Consumer Protection Act, 2019
The Act: Who Is a Consumer, and the Six Rights
Under the 2019 Act a consumer is a person who buys goods or hires or avails of services for a consideration — paid, promised, partly paid or under a deferred payment scheme — and it includes any user of those goods or services with the buyer’s approval. The Act expressly covers purchases offline or online, including through electronic means, teleshopping, direct selling and multi-level marketing. It excludes a person who obtains goods for resale or for a commercial purpose — but buying goods to earn one’s livelihood by self-employment is not a commercial purpose, so such a buyer remains a consumer. The 2019 Act also set up the Central Consumer Protection Authority (CCPA) to protect and enforce consumer rights as a class, for example against misleading advertisements.
| Right | What it protects |
|---|---|
| Right to safety | Protection against goods and services hazardous to life and health — faulty electrical appliances, sub-standard pressure cookers |
| Right to be informed | Complete information about the product — ingredients, date of manufacture and expiry, price, quantity, directions for use |
| Right to choose | Freedom to choose from a variety of products at competitive prices, without being forced into one |
| Right to be heard | The right to file a complaint and have it heard — which is why many firms run consumer service and grievance cells |
| Right to seek redressal | The right to get relief when a product or service falls short — replacement, removal of defect, compensation |
| Right to consumer education | The right to acquire the knowledge to be a well-informed consumer throughout life |
- Consumer responsibilities: be aware of the goods and services available; buy only standardised goods, looking for marks such as ISI (industrial products), Agmark (agricultural produce), FPO (fruit products) and the Hallmark (gold jewellery); learn the risks of a product and follow the instructions; read labels for price, net weight, and manufacturing and expiry dates; be honest and buy only from legal sources; ask for a cash memo, which is the proof of purchase needed to complain; file a complaint when dissatisfied; form consumer societies; and respect the environment.
The Redressal Machinery
A complaint may be filed by a consumer; by a registered consumer association; by one or more consumers on behalf of many with the same interest; by the Central or a State Government or the Central Authority; by the legal heir or representative of a deceased consumer; or by the parent or guardian of a minor consumer. The Act sets up a three-tier quasi-judicial machinery — a District Commission in each district, a State Commission in each state and a National Commission — and jurisdiction is decided by the value of the goods or services paid as consideration. Appeals go upward: from a District Commission to the State Commission, from a State Commission to the National Commission, and from the National Commission to the Supreme Court.
| Commission | As enacted in 2019 | As revised by rules, December 2021 |
|---|---|---|
| District | Up to ₹1 crore | Up to ₹50 lakh |
| State | Above ₹1 crore, up to ₹10 crore | Above ₹50 lakh, up to ₹2 crore |
| National | Above ₹10 crore | Above ₹2 crore |
- Reliefs a commission can order: remove the defect; replace the goods with new goods of a similar description free of defect; refund the price; pay compensation for loss or injury, including punitive damages where appropriate; remove a deficiency in service; discontinue an unfair or restrictive trade practice; stop offering or withdraw hazardous goods from sale; issue a corrective advertisement to neutralise a misleading one; and pay adequate costs.
- Other ways and means: self-regulation by business; business associations’ codes of conduct; consumer awareness; consumer organisations and NGOs, which educate consumers, test products, file complaints on their behalf and represent them in policy-making; and legal routes such as public interest litigation and Lok Adalats.
Key takeaways
- Consumer protection moves the market from caveat emptor (buyer beware) towards caveat venditor (seller beware); business has its own reasons — long-term interest, use of society’s resources, social responsibility, moral justification and avoiding government intervention.
- A consumer buys goods or avails services for consideration, online or offline; a buyer for resale or commercial purpose is excluded, but buying to earn a livelihood by self-employment is not commercial.
- Six rights: safety, to be informed, to choose, to be heard (a complaint considered), to seek redressal (a remedy obtained) and consumer education.
- Three tiers — District, State, National Commission — decided by the value paid; appeals go upward, and from the National Commission to the Supreme Court. The textbook’s limits are ₹1 crore and ₹10 crore; rules since 2021 use ₹50 lakh and ₹2 crore.
- Quality marks: ISI for industrial products, Agmark for agricultural produce, FPO for fruit products, Hallmark for gold jewellery. Keep the cash memo — it is the proof needed to complain.
Practice questions (8)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
A customer is injured when an electric heater with faulty wiring catches fire on first use. Which consumer right has been violated?
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Answer: C — Right to safety
Protection against goods that are hazardous to life and health is the right to safety, and a heater that catches fire on first use is the textbook kind of violation. The right to be informed concerns complete product information, the right to choose concerns variety without compulsion, and the right to be heard concerns having a complaint considered — that right comes into play after the injury, not in it.A packet of biscuits shows its ingredients, net weight, maximum retail price, and its dates of manufacture and expiry. Which consumer right does printing this information serve?
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Answer: A — Right to be informed
Complete information about the product — ingredients, quantity, price, dates — is what the right to be informed guarantees, so that the buyer can decide sensibly. Consumer education is the close distractor, but it is the broader right to acquire knowledge about being a consumer, not the facts printed on one product. Redressal is about getting relief after a problem, and the right to choose is about variety.A telecom company sets up a grievance cell where any customer can register a complaint, which is then reviewed by a senior officer who must respond within a week. The company is respecting the consumer’s:
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Answer: B — Right to be heard
Having a complaint received and considered is the right to be heard, and the book itself gives company grievance cells as its example. The right to seek redressal — not offered here — would be the remedy that may follow, such as a refund. Safety, choice and education have nothing to do with a complaints procedure.Under the Consumer Protection Act, 2019, a person dissatisfied with an order of the National Commission can appeal to:
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Answer: D — The Supreme Court
Appeals under the Act run upward — District Commission to State Commission, State Commission to National Commission — and an appeal against the National Commission lies with the Supreme Court. The State Commission is below the National Commission, so an appeal cannot go down to it. The High Court is not part of the Act’s appeal chain, and the CCPA protects consumer rights as a class rather than hearing appeals.Which of the following persons would NOT be treated as a consumer under the Consumer Protection Act, 2019?
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Answer: A — A shopkeeper who buys twenty refrigerators to resell in his shop
A person who buys goods for resale is excluded from the definition of a consumer, so the shopkeeper is not one. The user of goods with the buyer’s approval is included, so the daughter is a consumer. The tailor is the trap: buying goods to earn a livelihood by self-employment is expressly not a commercial purpose, so she remains a consumer. And the 2019 Act covers online purchases, so the student is a consumer too.A dealer refuses to sell an inverter unless the customer also buys a particular brand of battery from him, though several other good brands are available in the market. Which consumer right is being denied?
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Answer: B — Right to choose
Forcing a buyer to take one particular brand when others are available denies the right to choose, which is the freedom to select from a variety of products at competitive prices. Nothing in the case is hazardous, nothing is being withheld about the product’s contents, and the customer’s knowledge of consumer matters is not the issue — the issue is compulsion.A buyer of gold jewellery who wants assurance of its purity should look for which quality certification mark?
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Answer: C — Hallmark
The Hallmark certifies the purity of gold jewellery. ISI is the tempting choice because it is the best-known standard mark, but it is for industrial products such as electrical appliances. Agmark is for agricultural produce, and FPO for processed fruit products such as jams and squashes.At a meeting of manufacturers, a speaker argues that firms must protect consumers’ interests because their raw materials, capital and workers are all drawn from society, so they owe it to society to serve it well. Which reason for consumer protection, from the business point of view, is she giving?
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Answer: D — Business uses society’s resources
The argument that business draws its resources from society and should therefore serve society’s interest is the reason the book calls "business uses society’s resources". Moral justification is close, but it rests on what is ethically right, not on where the resources come from. Long-term interest is about repeat customers and reputation, and government intervention about the risk of regulation; neither is the argument made.