Consumer Rights under the Act**

Right to Safety (Section 2(9)(a))

The Consumer Protection Act, 2019, explicitly recognises several fundamental rights of consumers. The first of these is the right to safety, ensuring that consumers are not exposed to risks from the products they purchase or services they avail.

According to **Section 2(9)(a)** of the Consumer Protection Act, 2019, consumer rights include,—

the right to be **protected against the marketing of goods, products or services which are hazardous to life and property**;

Protection against marketing of hazardous goods and services

This right guarantees that consumers have the right to expect that the goods and services offered in the marketplace are safe for their intended use. Businesses have a responsibility to ensure that their products and services meet safety standards and do not pose undue risks to the health, safety, or property of consumers.

How the Act Upholds this Right:

• **Prohibition of Unsafe Goods/Services:** The Act empowers the Central Consumer Protection Authority (CCPA) to take action against the marketing of goods or services that are dangerous or hazardous.
• **Recall of Hazardous Products:** The CCPA can order the recall of goods that are unsafe and pose a risk to consumers.
• **Product Liability:** The introduction of product liability in the 2019 Act allows consumers to seek compensation from manufacturers, service providers, and sellers for harm caused by defective products that are hazardous. This provides a strong deterrent against manufacturing or selling unsafe items.
• **Mandatory Standards:** Compliance with safety standards set by regulatory bodies (like BIS, FSSAI) is implicitly linked to this right. Selling goods that do not meet mandatory safety standards can be considered an unfair trade practice or lead to product liability.

This right is crucial for safeguarding consumers from potential harm and placing accountability on businesses to ensure the safety of their offerings.

Right to be Informed (Section 2(9)(b))

Consumers often have less information than businesses about the products they buy or services they use. The Right to be Informed addresses this imbalance by ensuring that consumers have access to accurate and sufficient information to make informed decisions.

According to **Section 2(9)(b)** of the Consumer Protection Act, 2019, consumer rights include,—

the right to be **informed about the quality, quantity, potency, purity, standard and price of goods, products or services**, as the case may be, so as to protect the consumer against unfair trade practices;

About quality, quantity, potency, purity, standard and price

This right empowers consumers by mandating that businesses provide comprehensive and accurate information about the key attributes of their goods and services. Key information points include:

• **Quality:** The level of excellence or superiority of the product/service.
• **Quantity:** The amount or measure of the product.
• **Potency:** The strength or effectiveness (particularly relevant for items like medicines or chemicals).
• **Purity:** The degree to which a substance is free from contamination (relevant for food, water, etc.).
• **Standard:** Compliance with specific benchmarks or specifications (e.g., ISI mark, FSSAI standards).
• **Price:** The cost of the goods or services.

This information should be provided through labelling, packaging, advertisements, brochures, invoices, and other relevant means, presented clearly and comprehensibly.

How the Act Upholds this Right:

• **Prohibition of Misleading Advertisements:** The Act gives the CCPA power to act against misleading advertisements that falsely inform consumers about the quality, nature, or price of goods/services.
• **Defining Unfair Trade Practices:** Practices like making false representations about the quality, standard, quantity, etc., of goods/services are defined as unfair trade practices, against which a consumer can file a complaint.
• **Mandatory Disclosures:** Various sector-specific regulations and packaged commodities rules mandate specific information to be displayed on product packaging (e.g., ingredients, nutritional information, manufacturing date, expiry date, weight, maximum retail price - MRP).

This right is foundational for enabling consumers to compare offerings, avoid deception, and make choices that best suit their needs and preferences.

Right to Choose (Section 2(9)(c))

A competitive market offers consumers variety and choice. The Right to Choose ensures that consumers are not unduly restricted in their ability to select from a range of goods and services.

According to **Section 2(9)(c)** of the Consumer Protection Act, 2019, consumer rights include,—

the right to be **assured, wherever possible, access to a variety of goods, products or services at competitive prices**;

Access to a variety of goods and services at competitive prices

This right implies that consumers should ideally have access to multiple options in the marketplace for the goods or services they need. The existence of variety and competition among sellers helps ensure that prices are competitive and consumers receive value for their money. Monopolies or practices that restrict choices can be detrimental to consumer interests.

How the Act Upholds this Right:

• **Against Restrictive Trade Practices:** The Act defines and provides remedies against restrictive trade practices that tend to hinder competition and restrict the flow of goods or services, thereby limiting consumer choice or imposing unjustified costs. Examples include tie-in arrangements or agreements to restrict supply.
• **Link with Competition Law:** While the Consumer Protection Act addresses specific restrictive practices affecting consumers, the broader objective of ensuring competitive access is also strongly supported by the Competition Act, 2002, which prevents anti-competitive agreements and abuse of dominance.
• **Addressing Unfair Contracts:** The power of consumer forums to declare terms of an unfair contract as void can also indirectly protect this right if a contract unfairly restricts a consumer's choices.

This right is intrinsically linked to the functioning of a free and fair market, enabling consumers to benefit from competition.

Right to be Heard (Section 2(9)(d))

For consumer rights to be meaningful, consumers must have the opportunity to voice their grievances and have their interests considered in appropriate forums. The Right to be Heard ensures this fundamental aspect of participation.

According to **Section 2(9)(d)** of the Consumer Protection Act, 2019, consumer rights include,—

the right to be **heard and to be assured that consumer's interests will receive due consideration at appropriate fora**;

Consumer interests receive due consideration at appropriate forums

This right grants consumers the ability to express their concerns and complaints and ensures that these concerns are properly considered by the authorities and forums established for consumer protection. It goes beyond merely filing a complaint; it encompasses the right to present one's case, provide evidence, and be represented in the decision-making process.

How the Act Upholds this Right:

• **Establishment of Consumer Forums:** The Act creates a three-tier quasi-judicial machinery (District, State, National Commissions) specifically for the redressal of consumer disputes, providing consumers with dedicated 'fora' to be heard.
• **Right to File Complaint:** Any consumer (as defined) can file a complaint before the appropriate consumer forum for defects, deficiencies, unfair/restrictive trade practices, etc.
• **Procedure for Hearing:** The Act and rules lay down procedures for the consumer forums to hear both parties, examine evidence, and make decisions, ensuring that the consumer's case receives due consideration. Consumers can represent themselves or be represented by a lawyer or a consumer organisation.
• **Representation in Policy Matters:** The right also implies that consumer interests should be considered in broader policy and regulatory decisions concerning goods and services, potentially through representation of consumer organisations.

This right is essential for the effective enforcement of all other consumer rights, providing the necessary platform for consumers to seek justice.

Right to Seek Redressal (Section 2(9)(e))

Having rights is not sufficient if there is no effective mechanism to enforce them when they are violated. The Right to Seek Redressal provides consumers with the ability to obtain remedies against unfair practices and exploitation.

According to **Section 2(9)(e)** of the Consumer Protection Act, 2019, consumer rights include,—

the right to **seek redressal against unfair trade practice or restrictive trade practice or unscrupulous exploitation of consumers**;

Against unfair trade practices or restrictive trade practices or unscrupulous exploitation

This right is the actionable outcome of other rights. When a consumer's rights are violated due to unfair methods, restrictive practices, or any form of unscrupulous behaviour by a business, this right allows them to approach the designated forums and seek appropriate remedies. Unscrupulous exploitation could involve taking advantage of a consumer's vulnerability, lack of knowledge, or urgent need.

How the Act Upholds this Right:

• **Jurisdiction of Consumer Forums:** The Act grants jurisdiction to the District, State, and National Commissions to entertain complaints relating to:
  • An unfair contract.
  • An unfair or restrictive trade practice.
  • Defect in goods.
  • Deficiency in services.
  • Charging excessive price.
  • Offering hazardous goods/services.
  • Product liability action.
• **Powers of Consumer Forums:** The forums have wide powers to pass orders, including directing the opposite party to:
  • Return the price paid to the consumer.
  • Replace the goods with new goods free from defect.
  • Remove the defect from the goods or deficiency in service.
  • Pay compensation for any loss or injury suffered.
  • Discontinue the unfair/restrictive trade practice and not to repeat it.
  • Withdraw hazardous goods from being offered for sale.
  • Pay punitive damages in appropriate cases.
• **Alternative Dispute Resolution (Mediation):** The provision for mediation offers an alternative route for consumers to resolve disputes and seek redressal through settlement.
• **Role of CCPA:** The CCPA can also take action on behalf of consumers as a class, providing collective redressal in certain situations, such as directing refunds or discontinuation of harmful practices.

This right is arguably the most critical from a consumer's perspective, as it provides the legal recourse to rectify wrongs and obtain compensation or correction.

Right to Consumer Awareness (Section 2(9)(f))

An empowered consumer base is fundamental to effective consumer protection. The Right to Consumer Awareness recognises the importance of educating consumers about their rights and responsibilities.

According to **Section 2(9)(f)** of the Consumer Protection Act, 2019, consumer rights include,—

the right to **consumer awareness**;

Right to Consumer Awareness

This right emphasizes the need for consumers to be knowledgeable about the various aspects of the marketplace, including their rights under the law, the quality and safety of products and services, and the avenues available for grievance redressal. An aware consumer is less likely to be exploited and is better equipped to demand quality and fair treatment.

How the Act Upholds this Right:

• **Promotion by Government:** The Central and State Governments are expected to take steps to promote consumer awareness and education. Initiatives like the "Jago Grahak Jago" (Awaken Consumer Awaken) campaign are direct manifestations of this effort.
• **Role of Consumer Councils:** The Act provides for the establishment of Central, State, and District Consumer Protection Councils. While primarily advisory bodies, a key function of these councils is to promote and protect the rights of consumers, which includes promoting awareness.
• **Involvement of Consumer Organisations:** The Act allows registered consumer associations to file complaints on behalf of consumers, empowering collective action and awareness campaigns by such organisations.
• **Education and Research:** Promoting consumer education in schools, colleges, and through public channels is part of fulfilling this right.

While this right doesn't provide direct legal remedies for a specific grievance, it is an enabling right that supports the exercise and effectiveness of all other consumer rights by ensuring that consumers know about them and how to utilise the legal framework.