Consumer Protection Act 2019: Your Guide to Consumer Rights

Facing issues with a faulty product or poor service? The Consumer Protection Act, 2019 (CPA 2019) empowers you to seek justice for defective goods, deficient services or unfair practices. 

Whether it’s an online scam or a misleading ad, this law protects your rights with clear rules and accessible remedies. 

This guide covers CPA 2019’s key provisions, who can file a consumer protection complaint, how to file, available remedies and how ezyLegal can help. Know your rights and take action today!

Overview of CPA 2019

Enforced since July 2020, CPA 2019 replaces the 1986 Act to tackle modern challenges like e-commerce fraud, misleading ads and unfair trade practices. 

It introduced the Central Consumer Protection Authority (CCPA) to enforce consumer rights, expanded protections for online shoppers and simplified dispute resolution through tools like E-Daakhil. 

With consumer courts and mediation, CPA 2019 ensures faster justice, especially for rural consumers (via 1800-11-4000) and seniors with priority hearings. It’s your shield against exploitation in today’s digital economy.

Key Provisions of CPA 2019

CPA 2019 strengthens consumer protections with clear rights and eligibility rules. Here’s what you need to know:

Who is a Consumer?

Under Section 2(7), a consumer is anyone who buys goods or services for personal use, not resale or commercial purposes. 

This includes offline and online purchases (e.g., via teleshopping, direct selling). Exception: Self-employed individuals using goods/services for livelihood (e.g., a freelancer’s laptop) qualify. 

Example: A shopper buying a phone for personal use is a consumer, but a retailer buying for resale isn’t.

Consumer Rights

Section 2(9) grants six fundamental rights:

• Safety: Protection from hazardous goods/services (e.g., faulty appliances).
• Information: Know a product’s quality, price or ingredients.
• Choice: Access diverse goods at fair prices.
• Being Heard: Voice grievances to companies or courts.
• Redressal: Seek remedies for unfair practices.
• Awareness: Learn your rights and remedies. For example, you can challenge an e-commerce platform for selling counterfeit goods, citing your right to safety.

Complaint Eligibility

The following can file a consumer protection complaint:

• Individual Consumers: For personal-use purchases, e.g., a defective gadget.
• Registered Consumer Associations: Like Consumer Voice, filing for mass issues like e-commerce fraud.
• Central/State Government: To protect public interest, e.g., against unsafe products.
• Legal Heirs/Representatives: For deceased consumers, e.g., faulty medical devices.
• CCPA: For class-action suits, e.g., misleading ads.
• Multiple Consumers: For shared issues, e.g., defective housing projects. Ineligible Parties: Commercial buyers, free service users, gift recipients or those filing after two years (Section 24A) without condonation.

Key Changes

CPA 2019 introduced:

• E-Commerce Protections: Covers online transactions, ensuring refunds and accurate product info.
• Product Liability (Section 83): Manufacturers/sellers compensate for harm from defective goods/services.
• Unfair Contracts (Section 2(46)): Challenges contracts with excessive deposits or unfair terms.
• Misleading Ads (Section 89): Fines up to ₹50 lakh and up to 5 years’ imprisonment.
• Mediation: Consumer Mediation Cells for faster resolutions.
• E-Daakhil Portal: Online filing for convenience.
• Expanded Unfair Trade Practices: Adds three types, like refusing refunds within 30 days.
• Penalties: For spurious/adulterated goods (Sections 90-91), fines range from ₹1 lakh to ₹10 lakh, with imprisonment from 6 months to life (if death occurs). Example: In 2023, a consumer won compensation for a defective laptop via NCDRC.

Pecuniary Jurisdiction

File based on claim value:

• District Commission: Up to ₹50 lakh.
• State Commission: ₹50 lakh to ₹2 crore.
• National Commission: Above ₹2 crore. You can file where you live, work or the issue occurred, making access easier.

Filing a Consumer Protection Complaint

Filing a complaint under CPA 2019 is straightforward:

1. Send a Notice: Notify the seller/service provider in writing, giving them a chance to resolve the issue.
2. Draft the Complaint: Include your details, the trader’s details, incident facts and relief sought (e.g., refund).
3. Gather Evidence: Attach receipts, emails, photos or warranty documents.
4. Choose the Forum: File at the appropriate commission based on claim value (see jurisdiction above).
5. Pay Fees: ₹400 (up to ₹5 lakh) to ₹7,500 (above ₹1 crore) via Demand Draft.
6. Submit: File online via E-Daakhil or offline at the commission, with an affidavit verifying facts.
7. Try Mediation: Opt for Consumer Mediation Cells for faster settlements. Time Limit: File within two years of the issue (Section 24A) or request condonation for delays. Example: A 2024 case resolved an insurance dispute in 4 months via mediation.

Remedies Available

Consumers can seek:

• Refunds: Money back, e.g., for a faulty appliance (2024 case).
• Replacements: New goods for defective ones.
• Compensation: For losses, injuries or distress, e.g., mental agony from a deficient service.
• Defect Removal: Fixing faulty products/services.
• Bans: Stopping hazardous goods or unfair practices.
• Litigation Costs: Reimbursement for filing expenses. Example: In Horlicks Ltd. v. Zydus Wellness (2020), a ₹10 lakh fine was imposed for misleading ads.

ezyLegal’s Assistance

You can file complaints yourself via E-Daakhil, but complex cases need expertise. ezyLegal offers:

• Free Consultations: Assess your case and eligibility.
• Complaint Drafting: Build strong complaints with evidence.
• Court Representation: Expert lawyers for consumer courts. Don’t let unfair practices go unchallenged, visit ezyLegal now for legal support!

Practical Tips for Consumers

• Keep Records: Save receipts, contracts or screenshots of ads.
• Act Fast: File within two years (Section 24A).
• Use Social Media: Tag companies on X with #ConsumerRights for quicker responses, per user reports.
• Rural Consumers: Call 1800-11-4000 for NCH help.
• Seniors: Note your age for priority hearings.
• Appeals: Appeal District orders to State, State to National or National to Supreme Court within 30 days.

Conclusion

CPA 2019 is your tool to fight defective goods, poor services and unfair practices. With clear consumer rights, easy filing via E-Daakhil and remedies like refunds or compensation, it empowers you to seek justice. 

File yourself or get expert help from ezyLegal to navigate consumer courts. Act now to protect your rights!

Frequently Asked Questions on Consumer Protection Act 2019

Q1. What is the Consumer Protection Act, 2019?

Ans1. CPA 2019 is a law protecting consumer rights against defective goods, deficient services and unfair practices, covering e-commerce and introducing the CCPA.

Q2. What are the consumer rights under CPA 2019?

Ans2. Safety, information, choice, being heard, redressal and consumer awareness.

Q3. Who can file a consumer protection complaint?

Ans3. Individual consumers, registered associations, Central/State Governments, legal heirs, the CCPA or multiple consumers with shared issues.

Q4. Who cannot file a complaint under CPA 2019?

Ans4. Commercial buyers, free service users, gift recipients or those filing after two years without condonation.

Q5. How do I file a complaint under CPA 2019?

Ans5. Send a notice, draft a complaint, gather evidence, file via E-Daakhil or offline and pay fees (₹400-₹7,500).

Q6. What’s the time limit for filing a complaint?

Ans6. Two years from the issue (Section 24A), extendable with valid reasons.

Q7. What remedies can I get under CPA 2019?

Ans7. Refunds, replacements, compensation, defect removal, bans on hazardous goods or litigation costs.

Q8. What’s the pecuniary jurisdiction under CPA 2019?

Ans8. District (up to ₹50 lakh), State (₹50 lakh to ₹2 crore), National (above ₹2 crore).

Q9. Can I file for e-commerce disputes?

Ans9. Yes, CPA 2019 covers online purchases, ensuring refunds and accurate information.

Q10. What are the penalties for misleading ads?

Ans10. Fines up to ₹50 lakh and up to 5 years’ imprisonment; endorsers may face bans.

Q11. What is product liability under CPA 2019?

Ans11. Manufacturers/sellers compensate for harm from defective goods/services.

Q12. Can I use mediation for complaints?

Ans12. Yes, Consumer Mediation Cells offer faster resolutions with mutual consent.

Q13. Do I need a lawyer to file a complaint?

Ans13. No, but ezyLegal offers expert drafting and representation.

Q14. What evidence is needed for a complaint?

Ans14. Receipts, emails, photos or warranty documents proving defects or deficiencies.

Q15. Can I appeal a consumer court order?

Ans15. Yes, appeal District to State, State to National or National to Supreme Court within 30 days.