JUNE – 20 PUBLIC INTERESTS
- Posted by CERC India
- Posted in June
What you should know about the new Consumer Protection Act 2019
Definition of ‘Consumer’ expanded
The definition of consumer now includes ‘transaction made through electronic means, teleshopping, direct selling etc’. With online shopping, teleshopping and Multi-Level Marketing having penetrated deep into the Indian markets, including this class of buyers in the definition of consumers gives them rights under Consumer Protection Act. [Sec 2(7)]
Definition of Advertisement
Advertisement has been defined as any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website. It also includes any notice, circular, label, wrapper, invoice or such other documents. [Sec 2(1)]
What is a Misleading Advertisements?
Misleading advertisement as defined in the New Act means an advertisement which falsely describes a product or service or is likely to mislead the consumers about the nature, substance, quantity or quality of such product or service. It could also be a misleading advertisement if it conveys an express or implied representation which, if made by the manufacturer/seller/service provider, would lead to an unfair trade practice. An advertisement deliberately concealing important information may also be termed as misleading advertisement. [Sec 2(28)]
What is an Endorsement?
Endorsement means any indication in an advertisement which makes a consumer believe that it is an opinion, finding or experience of the person making such statement. It could include any message, verbal statement, demonstration or depiction of the name, signature, likeness or other identifiable personal characteristics of an individual or seal of any institution or organisation. [Sec 2(18)]
Right to return goods or get refund
It will be considered as Unfair Trade Practice if a seller or service provider refuses to take back or withdraw the goods/service and refuses to refund the amount paid by the consumer, despite having been informed by the consumer within 30 days. The consumers will now not find it difficult to return a defective product or get refund for deficient services. [Sec 2 (47) (viii)]
Right to protect consumers as a class
If you have a complaint that relates to violation of consumer rights or unfair trade practices or misleading advertisements that are prejudicial to the interests of consumers as a class, you can forward the complaint in writing or in electronic mode to district collector or the commissioner of regional office or the Central Consumer Protection Authority (CCPA) for class action. [Sec 17]
Right to know reason for rejection
No commission can reject a complaint without hearing the complainant. The commission, in fact, must decide about admitting or rejecting a complaint within 21 days, by which if it is not decided then the complaint is deemed as having been admitted. This will help the consumers to know the reason behind why their complaint was rejected or not approved by the court. And it has to be decided under 21 days. Thus this will help with fast and speedy work without wasting the time of consumer. [Sec 36(2)]
Right to attend through video conferencing
If a complainant wants to hear the case through video conference, he/she can send an application to the respective commission for the same. The commission may then allow for this provision. [Sec 38(6)]
