Know your rights as per the Consumer Protection Act, 2019. This Frequently Asked Questions (FAQ) for consumer affairs section has provided guide to understanding your rights as a consumer under Indian law. You can know the ways of addressing grievances that arise for purchased a defective product, experienced unsatisfactory services, or simply seek to be more informed about your legal protections.
Try to If you require further assistance or have specific questions, we invite you to ask in discussions within our community forum, where our citizen community members can provide insights and support.
These are some FAQs:
1. What are my basic rights as a consumer in India?
As per the Consumer Protection Act, 2019, your fundamental rights are:
- Right to Safety: Protection from hazardous goods and services (Sec 2(9)).
- Right to Information: Right to accurate information about quality, quantity, potency, purity, standard, and price of goods or services (Sec 2(11)).
- Right to Choose: Access to a variety of products and services at competitive prices (Sec 2(10)).
- Right to be Heard: Right to voice grievances and have them considered in consumer forums (Sec 2(12)).
- Right to Redressal: Right to fair and timely resolution of complaints and compensation for losses (Sec 2(17)).
- Right to Consumer Education: Right to knowledge about consumer rights and responsibilities (Sec 2(16)).
- Right to a Healthy Environment: Protection against environmental pollution and ecological imbalances (Sec 2(18)).
2. Who is considered a consumer under the law?
As per Sec 2(7) of the Act, a consumer is any person who:
- Buys goods or avails services for personal use (not for resale or commercial purpose).
- Uses goods or services with the buyer’s approval.
- Hires or avails services for consideration (payment or promise of payment).
- This includes online transactions.
3. What is the Consumer Protection Act, 2019, and how does it protect me?
This Act replaced the older 1986 Act and offers broader protection, including e-commerce transactions. It establishes a Central Consumer Protection Authority (CCPA) with powers to investigate and penalize unfair practices. These protections include:
- Product liability for manufacturers (Sec 2(25)) and sellers (Sec 2(30)).
- Prohibition of misleading advertisements (Sec 2(28)) and unfair trade practices (Sec 2(47)).
- Mediation as a dispute resolution mechanism (Sec 74).
- Class action suits for consumers with common grievances (Sec 47).
- Stricter penalties for violations (Chapter V).
4. What can I do if I buy a faulty product?
Under Sec 10(1), you have the right to a replacement, refund, or repair within a reasonable time. If not resolved, you can file a complaint with the seller, consumer forum, or National Consumer Helpline (NCH).
5. How do I return a product if I'm not satisfied with it?
You can check the seller’s return policy (if any). Under Sec 16, e-commerce platforms must provide a 14-day return window for specific products.
6. What if a product doesn't match its advertised description?
This is a violation of Sec 2(28) (misleading advertisement) and Sec 2(47) (unfair trade practice). You can file a complaint seeking redressal from the seller/manufecturer.
7. What can I do if a service provider doesn't deliver the promised service?
You can demand a refund, proportionate compensation, or proper service under Sec 2(42) (deficiency in service).
8. Can I cancel a service before its completion?
You should check the service agreement. The Consumer Protection Act doesn’t explicitly mention cancellation rights but may apply depending on the circumstances and terms of the contract.
9. What if a service provider charges me more than the agreed price?
This is an unfair trade practice. You can dispute the charges and seek a refund of the excess amount.
10. Where do I file a consumer complaint?
You can file a complaint to respective Consumer Disputes Redressal Commission (also known as consumer court) through E-DAAKHIL portal or by visiting the nearest commission office. The consumer commissions based on the disputed amount are:
- For claims up to ₹50 lakhs, file at the District Consumer Disputes Redressal Commission (DCDRC).
- For claims between ₹50 lakhs to ₹2 crores, file at the State Consumer Disputes Redressal Commission (SCDRC).
- For claims exceeding ₹2 crores, file at the National Consumer Disputes Redressal Commission (NCDRC).
11. What documents do I need to file a complaint?
You have to provide proof of purchase, details of the issue, communication with the seller/service provider, and any relevant documents supporting your claim. For more details, read: Documents needed to file a consumer complaint
12. How long does it take to resolve a consumer complaint?
Ideally, the DCDRC and SCDRC should resolve complaints within 3 months and 5 months, respectively, from the date of notice (Sec 35). However, delays are common in practice.
13. Are e-commerce platforms responsible for product or service issues?
Yes, e-commerce platforms are also liable under the Consumer Protection Act, 2019, and can be held responsible for defective products or deficient services sold on their platforms.
14. What if a seller refuses to acknowledge my complaint?
You should escalate the matter to higher authorities like the company’s customer care department, consumer forums, or seek help from consumer organizations.
15. Can I get legal assistance for my consumer complaint?
Yes, you can seek free legal aid from the District Legal Services Authority or consult a lawyer specializing in consumer law.
16. What if a product causes me harm or injury?
Under the Consumer Protection Act, 2019, you have the right to be compensated for any harm or injury caused by a defective product. This falls under product liability (Sec 2(25) & Sec 84), and you can seek compensation for medical expenses, loss of income, and pain and suffering.
17. Can I file a complaint against misleading advertisements?
Yes, the CCPA has powers to take Suo Moto actions against misleading advertisements. You can also file a complaint against misleading advertisements under Sec 2(28) with the consumer forum.
18. What if I have a complaint against an online seller or service provider?
E-commerce entities are covered under the Act, and you can file complaints against them for defective products, deficient services, or unfair trade practices. The Grievance Redressal Mechanism under Sec 79 mandates that e-commerce platforms establish a system to address consumer complaints.
19. What is the role of the Consumer Protection Councils?
Consumer Protection Councils at the Central, State, and District levels has an important role in promoting consumer awareness, advising the government on consumer issues, and reviewing consumer policies. They act as advisory bodies and can be a valuable resource for information and guidance.
20. What is the time limit for filing a consumer complaint?
As per Sec 47 of the Act, you must file a complaint within two years from the date on which the cause of action arises. However, the consumer forum may entertain complaints filed after this period if you provide a valid reason for the delay.
Still, have any questions? Ask to our community members or submit your question.