Q1. When was Consumer Protection Act ,2019 was enacted?

A.Consumer Protection Act was enacted on 9th August, 2019. However, it came into effect from 20th July,2020.

 

Q2. What are the new provision  which are included under Consumer Protection Act,2019?

A. New provisions which are added under Consumer Protection Act 2019 are as follows:-

  1. Inclusion of E- commerce, Direct selling

Establishment of Central Consumer Protection Authority (CCPA)

  1. Strict Norms for Misleading Advertisement
  2. Strict Norms for product liability
  3. Changes in the Pecuniary Jurisdiction
  4. Greater ease to dispute resolution
  5. Addition in the clause of “Unfair Trade Practice”
  6.  Unfair Contract
  7. Alternate Dispute Resolution through mediation

 

Q3. What is meant by ‘consumer’?

A. A person who buys goods and services for some consideration, which has been paid or promised or partly paid or promised or under any system of deferred payment also includes the user with approval of such goods or beneficiary of services.

Q4. Who is not ‘consumer’ under the Consumer Protection? 

A. A person who has :

  1. Obtain goods free of charge
  2. who avails services free of charge
  3. who obtains goods for resale or for any commercial purposes
  4. who avails services for any commercial purposes
  5. who avails services under contract of service

However, it does not include goods and services brought by the person exclusively for his use.

Q5. What all consumers rights are guaranteed under Consumer Protection Act,2019?

A. Following consumers rights are guaranteed under Consumer Protection Act,2019-

  1. Right to safety
  2. Right to be Informed
  3. Right to choose
  4. Right to be heard
  5. Right to seek redressal
  6. Right to consumer awareness

Q6.  As per Consumer Protection Act ,2019 what  is meant by term ‘goods’?

A. Under Consumer Protection Act,2019 the term goods includes any movable property and also includes ‘food’ as defined under section 3 (1) (j) of Food and Safety Act.

Q7. Can a person buying goods or hiring services for business purpose can make a complaint? 

 A. No

Q8.  Where can I file complaint in case of grievance ?

A.A complaint shall be instituted in a District Commission within the local limits of whose

jurisdiction the:

  1. Place of business or residence of opposite parties, or
  2. Place of business or residence of complainant, or
  3. where the cause of action, wholly or in part, arise

Q9. Who all can be held liable for a misleading advertisement? 

A. Manufacturers, advertising agencies, celebrity endorsers and publishers can be made liable.

Q10. What is e- Commerce?

A. E commerce means buying or selling of goods or services Including digital products through digital or electronic network.

Q11. Can I claim compensation if the product itself is damaged?

A.No ,because damage of the product itself cannot be the base for product liability compensation.

Q12. Who all can be liable in a product liability action?

A. Manufacturer or a product service provider or a product seller are liable in product liability action.

Q13. What is the procedure for filing the complaint before Consumer Commission? 

A .A complaint must be in writing  and can be filed both online and offline. It has to be filed by the complainant in person or through his agent  or it can be sent by a registered post.

Q14. Can I  resolve my consumer complaint through mediator?

A. Yes, the complaint can be resolved through mediation.

Q15. Is there any fee to be paid for Mediation? 

A. No 

Q16. Can I file appeal after settlement through mediation? 

A.No appeal lies after the settlement of dispute through mediation.

Q17. Does I need an advocate to represent my case in the Commission?

A. No, there is no need of advocate or a pleader to  represent your case. You can directly represent your complaint as Consumer Commission are quasi-judicial body therefore there is no need of pleader or an advocate.