The Consumer Protection Act of 2019 comes into operation on Monday , July 20, will provide district, state and national mediums for consumers’ grievance redressal . The new law guarantees that if any person manufactures(for sales or stores), sells, distributes or imports any forged or false goods will be penalized with imprisonment upto seven years and fine penalty of upto five lakh rupees, if such act causes severe harm to the consumer.
Complainant can report such incident at a district or state consumer commission from the location where the complainant resides, rather than the place the product was bought from.
The notification defines objectives and functioning of the Central Consumer Protection Council, State Consumer Protection Councils and District Council. It provides for establishment of Central Consumer Protection Authority, establishment of District Consumer Disputes Redressal Commission and establishment of State Consumer Disputes Redressal Commission.
What is the “Consumer Protection Act”?
Consumer Protection Act, 2019 is an Act of the Parliament of India. It reverses and restores the Consumer Protection Act, 1986. On 8 july 2019, the Bill for this was introduced in the Lok Sabha by Ram Vilas Paswan, the Minister of Consumer Affairs, Food and Public Distribution, . The bill was passed by Lok Sabha on 30 July 2019 and later in Rajya Sabha on 6 August 2019.
The bill received approval from President Ram Nath Kovind on 9 August, and was notified in The Gazette of India on the same date.
What are consumer rights?
As per the Act, consumer rights include the following:
• The right to be protected against forged or false goods, products or services which are hazardous to life and property.
• The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, so as to protect the consumer against unfair trade practices;
• The right to be secured, wherever possible, access to a variety of goods, products or services at competitive prices.
• The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora.
• The right to seek redressal against unfair trade practice or restrictive trade practices or unethical exploitation of consumers
• The right to consumer awareness.
What constitutes an offence and who can be punished?
The provisions of the extensive act concerns also to what constitutes an offence and what are the related penalties for manufacturing, distributing or selling of any hazardous or adulterated product.
Any manufacturer or service provider giving false or misleading advertisement, which is prejudicial to the interest of consumers shall be punished with imprisonment for a term of two years and fine upto ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine upto fifty lakh rupees.
If a person either by himself or on the behalf of any other person, manufactures (for sale or stores), sells, distributes or imports any product containing an adulterant shall be punished, if such act:
(a) does not result in any injury to the consumer, with imprisonment for a term of six months and fine of upto one lakh rupees; (b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for one year term and fine upto three lakh rupees;(c) causing injury resulting in hazardous effects to the consumer, with imprisonment for a term of seven years and fine upto five lakh rupees; and(d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees.
The Director General or any other officer, knowing that there are no reasonable grounds for any doing, yet searches or causes to be searched any premises; seizes any record, register or other document or article, will be punished with imprisonment for a term extending upto one year and fine upto ten thousand rupees or both.
