“consumer Protection: Benefits Of Lawyers In Safeguarding Consumer Rights”

“consumer Protection: Benefits Of Lawyers In Safeguarding Consumer Rights” – , studies at Amity University in Kolkata, India. The article details the objectives, essential provisions, amendments and landmark case law under the Consumer Protection Act, 2019.

Consumer protection is the practice of protecting buyers of goods and services from unfair market practices. It refers to measures taken to protect consumers from corruption and unfair practices by sellers, manufacturers, service providers, etc., and to provide them with legal remedies if their rights as consumers are violated.

“consumer Protection: Benefits Of Lawyers In Safeguarding Consumer Rights”

In India, consumer protection is governed by the Consumer Protection Act, 2019. The Consumer Protection Act, 2019 was introduced to replace the Consumer Protection Act, 1986. The new Act contains various provisions that include the challenges faced by modern and dependent from consumer technology. The Act also contains various provisions for the protection and promotion of consumer rights.

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A consumer is a person or group of persons who purchase goods and services for personal use and not for the purpose of production or resale. Section 2(7) of the Consumer Protection Act 2019 defines a consumer as any person who buys goods or services in exchange for payment and uses such goods or services for personal use and for the purpose of resale or commercial use. The explanation to the definition of consumer has made it clear that the term “buys any goods” and “employs or avails any services” also includes all online transactions conducted through electronic means or direct sales or teleshopping or multi-level marketing.

The Consumer Protection Act, 2019 was enacted by the Indian legislature to deal with issues related to violation of consumer rights, unfair trade practices, deceptive advertising and all those circumstances which harm the rights of consumers. The intention of Parliament behind the Act was to include provisions for e-consumers due to the development of technology, buying and selling of goods and services online has increased significantly in the last few years.

The Act aims to ensure better protection of the rights and interests of consumers by establishing consumer protection boards to resolve disputes where disputes arise and provide appropriate redress to consumers where their rights are violated. In addition, it provides for quick and efficient handling of consumer complaints through alternative dispute resolution mechanisms. The Act also promotes consumer education to inform consumers of their rights and responsibilities and to address their complaints.

The main purpose of the law is to protect the interests of consumers and create a stable and strong mechanism for resolving consumer disputes. The law is aimed at:

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There are six consumer rights under the Consumer Protection Act 2019. The rights of consumers are mentioned in Section 2(9) of the Act which are as follows:

Thus, with the changes in the digital age, the Indian Parliament passed and enacted the Consumer Protection Act, 2019 to include provisions on e-commerce as digitization has facilitated convenient payment mechanisms, variety of choices, improved services, etc.

The law establishes consumer protection boards at both the national and state levels.

Under Section 2 of Section 3 of the Consumer Protection Act, 2019, the Central Government shall constitute a Central Consumer Protection Board to be known as the Central Board. It is an advisory body and the Central Council shall consist of the following members;

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The Central Council may meet as needed, but must hold at least one meeting each year. The purpose of the Central Council is to protect and promote the interests of consumers in accordance with the Act.

Each state government has to establish a State Consumer Protection Board known as State Board which has jurisdiction over that particular state. The State Council acts as an advisory body. Members of the State Council are:

Under Section 8 of the Act, the State Government creates a District Consumer Protection Board for each district to be known as a District Board. The composition of the District Council includes:

The Central Government shall establish a Central Consumer Protection Authority, to be known as the Central Authority under Section 10 of the Consumer Protection Act, 2019, to regulate matters relating to infringement of consumer rights, unfair trade practices and false or misleading advertisements which cause damage to the interests of the public and consumers, and to promote, protect and enforce the rights of consumers. The Central Government will appoint the Chief Commissioner and other Commissioners of the Central Authority as required by the Act.

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The Central Authority shall have an “Investigation Wing” under Section 15 of the Act to conduct inquiry or investigation. The Investigation Wing shall consist of a Director General and requisite number of Additional Director Generals, Directors, Joint Directors, Deputy Directors and Assistant Directors having the necessary experience and qualifications to perform the functions under this Act.

The functions and duties of the Central Authority are set out in Section 18 of the Act, which includes:

In addition, the Central Authority is also empowered to conduct investigations on receipt of any complaint or direction from the Central Government or on its own initiative in cases of consumer abuse or unfair trade practices. And if the central authority is convinced that there has been a breach of consumer rights or an unfair trading practice, it can:

Under Section 21 of the Act, the central authority is empowered to issue directions for false and misleading advertisements, the value of which may exceed ten lakh rupees. In determining the penalty for an offence, the Central Authority shall bear in mind such factors as; the number of the population affected by the offense, the frequency of offenses and the gross revenue from the sale of such products. The Central Authority may also direct search and seizure for the purposes of this Act, in which case the provisions of the Criminal Procedure Code 1973 will apply.

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The State Government shall establish a District Consumer Disputes Board known as District Board in each district of the State under the Consumer Protection Act, 2019. The District Board shall consist of a Chairperson and not less than two members appointed by the Central Government.

Section 34 of the Act empowers the District Commission to hear complaints where the value of the goods or services paid as compensation does not exceed one crore rupees. A complaint relating to goods and services can be filed with the district commission by a consumer, recognized consumer association, central government, central authority, state government etc.

Section 36 states that all business in the District Commission shall be conducted by the President and at least one member of the Commission.

Section 5, Section 74 of the Consumer Protection Act, 2019 states that the Central Government shall establish a consumer mediation cell at the national level and every state government shall establish a consumer mediation cell within the jurisdiction of that state. The mediator appointed to conduct the mediation must conduct it within the time limit and in the manner determined by the regulation.

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Section 75 of the Act deals with the engagement of intermediaries. It specifies the qualifications, terms of service, appointment procedure and fee to be paid to the engaged mediator.

It is the mediator’s duty to disclose certain facts such as; any personal, financial or professional information resulting from a consumer dispute, the circumstances that give rise to their independence or impartiality, and any other information necessary to protect consumer rights.

Under Section 83 of the Act, a claimant can file a product liability claim against the product manufacturer, service provider or product seller.

The Consumer Protection Act, 2019 is an important piece of legislation that benefits consumers. The law expands the scope of protection of the rights and interests of consumers.

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In this case, both parties are nutritional drink manufacturers, but Zydus ran a television ad that trivialized Horlicks Ltd’s products. The advertisement was aired in various languages ​​including English, Tamil and Bengali. Thus, the Delhi High Court relied on various judgments on misleading advertisement, defamation and the law governing the publication of advertisements on television and held that the advertisement was defamatory as it did not provide any concrete evidence as to the quality of the product. Furthermore, electronic media leave an impression on the minds of the viewers, so such advertisements will not only cause harm to the consumers but will also cause irreparable harm to the appellant.

A famous decision relied upon by the Delhi High Court in deciding this case is Pepsi Co. Inc. v. Hindustan Coca Cola Ltd., 2003, where the Delhi High Court held that there are certain important factors to be borne in mind in the case of defamation arising; the manner of the commercial, the purpose of the commercial and the plot of the commercial.

In this case, the complainant offered to buy an apartment from the defendant, which the defendant agreed to transfer on 1.6.1999 through a letter. However, the apartment

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