Rights and Responsibilities of Consumers Under Consumer Protection Act’ 2019

Who is a Consumer Under the Consumer Protection Act, 2019?

Consumer: Section 2(7) of the Consumer Protection Act, 2019 defines the term “consumer”. A consumer means any person

a) Who buys any goods for a consideration which has been paid, promised, partly paid and partly promised, or under any system of deferred payment. It also includes any user of such goods other than the buyer, when such use is made with the buyer’s approval.

b) Who hires or avails any service for a consideration which has been paid, promised, partly paid and partly promised, or under any system of deferred payment. It also includes any beneficiary of such service other than the person who hired it, when such service is availed with that person’s approval.

Here, expressions “buys any goods” and “hires or avails any services” include offline or online transactions, including electronic means, teleshopping, direct selling, or multi-level marketing.

The term “commercial purpose” does not include the use of goods by a person exclusively for earning his livelihood by means of self-employment.

Example: A tailor buying a sewing machine for personal use to earn his livelihood is a consumer.

Who is Not a Consumer?

a) A person who buys goods for resale or commercial use.

b) A person who avails services for commercial purposes.

c) Applicants for passports or ration cards, since these are statutory or government functions, not services for consideration.

d) Beneficiaries of municipal or civic services are generally not treated as consumers under the Act.

Rights and Responsibilities of Consumers Under Consumer Protection Act’ 2019

Rights of Consumers

1. Right to Safety: Consumers have the right to be protected against the marketing of goods and services that are hazardous to life and property. This includes concern for the present and future health and safety of consumers. For Example: Electrical goods must meet safety standards to prevent shocks or fire hazards.

2. Right to be Informed: Every consumer has the right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services. This enables consumers to make well-informed decisions and protect themselves from unfair trade practices or misleading advertisements. For Example: Labels on food packets must show ingredients, expiry date, and MRP.

3. Right to Choose: Consumers have the right to access a variety of goods and services at competitive prices. It ensures freedom of choice and prevents sellers from creating monopolies in the market. For Example: Availability of multiple brands of the same product in the market.

4. Right to be Heard (Right to Representation): Consumers have the right to be heard and to be assured that their interests will receive due consideration at appropriate forums. This also means participation of consumers and civil society in the policy-making process that affects them. For Example: Filing complaints in consumer courts or voicing concerns through consumer organizations.

5. Right to Seek Redressal: Consumers have the right to seek fair compensation against unfair trade practices, defective goods, or poor services. Redressal can be sought through District, State, or National Consumer Disputes Redressal Commissions. For Example: Claiming a refund or replacement for defective products.

6. Right to Consumer Education: Consumers have the right to acquire knowledge and skills to make informed decisions and exercise their rights responsibly. The Union and State Governments promote consumer education through school curricula and awareness programs. For Example: Consumer awareness campaigns like “Jago Grahak Jago.”

7. Right to Basic Needs: It is the right to have access to the basic necessities of life, such as food, clothing, shelter, health care, sanitation, education, energy, and transportation. Ensures consumers can live a dignified and decent life.

8. Right to a Healthy Environment: Every consumer has the right to live and work in an environment free from pollution and degradation. This right aims to ensure sustainable development for both present and future generations.

Responsibilities of Consumers

1. Be Aware of Their Rights: Consumers must know their rights such as the right to safety, information, choice, redressal, consumer education, basic needs, and healthy environment.

2. Be Quality Conscious: Always look for quality certification marks such as ISI, Agmark, Hallmark, or FSSAI before purchasing products.

3. Obtain Cash Memo or Bill: Always insist on a cash memo or bill as proof of purchase. Sellers are legally bound to provide a bill for every transaction.

4. Be Assertive: Consumers should be confident and firm in asserting their rights while making purchases or filing complaints.

5. Be Honest: Consumers should act honestly, avoid misuse of rights, and discourage black marketing, hoarding, and misleading advertisements.

6. Be Ready to Lodge Complaints: Consumers should not ignore unfair practices. They must file complaints for genuine grievances, even for small losses, to discourage unethical traders.

7. Respect the Environment: Consumers must help in protecting the environment by avoiding waste, pollution, and supporting eco-friendly products.