1. What Defines a "Consumer" Under CPA 2019?

Before delving into the rights, it's crucial to understand who qualifies as a "consumer" under the Act. Section 2(7) of the CPA 2019 broadly defines a consumer as any person who:

1.1. Buys any goods for a consideration which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. This also includes any user of such goods (other than the person who buys them for consideration) when such use is made with the approval of the buyer.

1.2. Hires or avails of any service for a consideration which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. This includes any beneficiary of such service (other than the person who hires or avails them for consideration) when such services are availed of with the approval of the first-mentioned person.

Crucially, the definition now explicitly includes transactions conducted through:

· Offline or online means.

· Electronic means.

· Teleshopping.

· Direct selling.

· Multi-level marketing.

However, it excludes:

· Persons who obtain goods for resale or any commercial purpose.

· Persons who avail services for any commercial purpose. (Exception: A person who uses goods or services exclusively for the purpose of earning his livelihood by means of self-employment is still considered a consumer.)

This expanded definition ensures that nearly all individuals engaging in purchasing goods or availing services, regardless of the transaction mode, are protected under the Act.

2. The Six Fundamental Consumer Rights Under CPA 2019

The CPA 2019 explicitly lists six core consumer rights in Section 2(9), which form the bedrock of consumer protection in India:

2.1. Right to Safety:

1.1. Meaning: This is the right to be protected against the marketing of goods, products, or services which are hazardous to life and property.

1.2. Implication: Consumers have the right to expect that the products they buy and the services they avail are safe for their intended use. This means that manufacturers and service providers have a duty to ensure their offerings meet prescribed safety standards and do not pose undue risks.

1.3. Example: Electrical appliances must carry ISI marks, food products must comply with FSSAI standards, and vehicles must meet safety regulations. If a defective product causes harm, this right forms the basis of product liability claims.

1.4. How to Exercise: Insist on quality marks (ISI, AGMARK, FPO, BIS), check for certifications, and report unsafe products immediately.

2.2. Right to be Informed:

1.1. Meaning: This is 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.

1.2. Implication: Consumers need access to complete and accurate information to make informed decisions. This protects them from misleading advertisements and deceptive practices. Businesses have a duty to disclose all material facts about their offerings.

1.3. Example: Food labels providing nutritional information, ingredients, and expiry dates; detailed terms and conditions for services; clear pricing with all taxes and charges broken down. In e-commerce, this extends to disclosing seller details and return policies.

1.4. How to Exercise: Read labels, terms and conditions carefully. Ask questions, compare products, and seek clarity on any ambiguous claims before making a purchase.

2.3. Right to Choose:

1.1. Meaning: This is the right to be assured, wherever possible, access to a variety of goods, products, or services at competitive prices.

1.2. Implication: In a free market, consumers should have the freedom to select from a range of options without coercion or undue influence. This right aims to prevent monopolistic practices and restrictive trade practices like tying arrangements that limit consumer choice.

1.3. Example: A telecom provider cannot force you to buy a specific handset to get a connection. You should have access to various brands and models of products at competitive market rates.

1.4. How to Exercise: Research different brands and models. Compare prices from various sellers. Avoid businesses that pressure you into bundled purchases or limit your options unfairly.

2.4. Right to be Heard:

1.1. Meaning: This is the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora.

1.2. Implication: Consumers have the right to voice their complaints and concerns and expect them to be acknowledged and addressed. This includes the right to be represented in various forums established to consider consumer welfare.

1.3. Example: The establishment of customer care departments, grievance redressal mechanisms within companies (especially mandatory for e-commerce entities), and the Consumer Disputes Redressal Commissions (District, State, and National) are manifestations of this right.

1.4. How to Exercise: Document your complaints in writing, keep records of communication, and approach the designated Grievance Officer or consumer forum when necessary.

2.5. Right to Seek Redressal:

1.1. Meaning: This is the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers.

1.2. Implication: If a consumer has been wronged, they have the right to a remedy. This includes receiving compensation for loss or injury, replacement of defective goods, repair of defects, or refund of the price paid. The CPA 2019 provides a robust mechanism for this through the Consumer Commissions. 1.3. Example: If you bought a defective product, you can demand a replacement or refund. If a service was deficient and caused you financial harm, you can claim compensation. This right is fundamental to achieving consumer justice.

1.4. How to Exercise: Collect all evidence (bills, warranty, communication). Send a legal notice to the opposite party. File a complaint with the appropriate consumer forum if the issue remains unresolved.

2.6. Right to Consumer Awareness (Right to Consumer Education):

1.1. Meaning: This is the right to acquire the knowledge and skill to be an informed consumer throughout life.

1.2. Implication: An aware consumer is an empowered consumer. This right emphasizes the importance of educating consumers about their rights, responsibilities, and how to protect themselves from exploitation. Government bodies, consumer organizations, and educational institutions play a vital role in this.

1.3. Example: Government campaigns on consumer rights, educational programs by the Central Consumer Protection Authority (CCPA), and the availability of information on consumer portals like the National Consumer Helpline.

1.4. How to Exercise: Stay informed by reading about consumer laws, attending awareness programs, utilizing government consumer helplines, and sharing knowledge with others.

3. The Pillars of Enforcement: Safeguarding Your Rights in Kerala

The CPA 2019 not only defines these rights but also establishes strong mechanisms for their enforcement:

3.1. Central Consumer Protection Authority (CCPA): As discussed in previous blogs, the CCPA is a proactive regulatory body that can initiate inquiries, take action against unfair trade practices and misleading advertisements(including imposing penalties on manufacturers, advertisers, and endorsers), order product recalls, and issue guidelines to protect consumer interests broadly. It focuses on the rights of consumers as a class.

3.2. Consumer Disputes Redressal Commissions (CDRCs): These are quasi-judicial bodies established at three levels – District, State, and National.

1.1. Jurisdiction: They handle individual consumer complaints based on pecuniary (monetary value) and territorial jurisdiction. District Consumer Commission (Kochi, Ernakulam): Up to ₹50 lakh. State Consumer Commission (Kerala): Above ₹50 lakh and up to ₹2 crore. * National Consumer Disputes Redressal Commission (NCDRC): Above ₹2 crore.

1.2. Simplified Process: The Act aims for a simple, speedy, and inexpensive redressal process. Consumers can file complaints electronically, and hearings can even happen via video conferencing.

3.3. Mediation: The CPA 2019 introduces mediation as an Alternative Dispute Resolution (ADR) mechanism. If both parties agree, disputes can be referred to a Consumer Mediation Cell attached to the Commissions, promoting quicker and amicable settlements.

3.4. Product Liability: The dedicated chapter on Product Liability holds manufacturers, product sellers, and product service providers strictly liable for harm caused by defective products or deficient services, making it easier for consumers to claim compensation.

4. Your Responsibilities as a Consumer

While the Act grants extensive rights, consumers also have responsibilities to fulfill their part in ensuring a fair marketplace:

4.1. Be Quality Conscious: Always look for quality certification marks (ISI, AGMARK, BIS Hallmark).

4.2. Demand Proper Bills/Invoices: These are crucial proof of purchase for any future grievance.

4.3. Read Labels and Instructions Carefully: Understand product specifications, expiry dates, and usage instructions.

4.4. File Complaints Genuinely:Ensure your complaints are legitimate and supported by evidence.

4.5. Be Aware and Educated: Continuously learn about your rights and market trends.

4.6. Protect Your Personal Information: Be cautious about sharing sensitive data, especially in online transactions.

Conclusion

The Consumer Protection Act, 2019, through its clearly defined Consumer Rights, has significantly empowered individuals in India. From the Right to Safety to the Right to Consumer Awareness, these provisions ensure that consumers are not merely passive recipients of goods and services but active participants with legal recourse against exploitation. For every citizen in Kochi, Ernakulam, and across Kerala, understanding and asserting these rights is not just a legal formality; it's a fundamental step towards securing consumer justice, fostering a transparent and accountable marketplace, and contributing to a culture of fair trade. Empower yourself with knowledge, exercise your rights diligently, and demand the quality and fairness you deserve.

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