Consumer Rights in India

1. Who Is Consumer & Consumer Rights

2. Who Is Consumer • A person who buys any goods or services for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment also includes the user with approval of such goods or beneficiary of services. As per the consumer protection Act 2019, the expression “buys any goods” and hires or avails any services including offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.

3. On what grounds do Consumers claim compensation from product manufacturers? • The product manufacturer shall be liable in a product liability action if- • The product contains a manufacturing defect • The product is defective in design • There is a deviation from manufacturing specifications • The product does not conform to the express warranty • The product fails to contain adequate instructions for correct usage to prevent any harm or any warning regarding improper or incorrect usage.

4. When can a Consumer claim compensation from a product service provider? • A product service provider shall be liable in a product liability action, if- • The service provided by him was faulty or imperfect or deficient or inadequate in quality, nature, or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise. • There was an act of omission or commission or negligence or conscious withholding any information which caused harm • The service provider did not issue adequate instructions or warnings to prevent any harm. • The service did not conform to the express warranty or the terms and conditions of the contract.

5. When consumers claim compensation from the seller • A product seller who is not a product manufacturer shall be liable in a product liability action, • If he/she has exercised substantial control over the designing, testing, manufacturing, packaging, or labeling of a product that caused harm • He/she has altered or modified the product and such alteration or modification was the substantial factor in causing the harm • He/she has made an express warranty of the product independent of any express warranty made by the product seller which cause the harm. • The product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him

6. He is not subject to the law which is in force in India or the order if any, passed or to be passed cannot be enforced against him • He/she failed to exercise reasonable care in assembling, inspecting, or maintaining such product or he/she did not pass on the warnings or instructions of the product manufacturer regarding the dangers involve or proper usage of the product while selling such product and such failure was the proximate cause of the harm.

7. What reliefs are provided by the consumer commission? • Removal of effects from the goods • Replacement of the goods • Refund of the price paid • Removal of defects or deficiencies in the services • Award of compensation for the loss or injury suffered • To cease manufacture of hazardous goods and desist from offering services that are hazardous in nature. • If the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently, to pay such sum (not less than 25% of the value of such defective goods or service provided) which shall be determined by the commission. • To provide adequate costs to parties.

8. The Pecuniary jurisdiction of commissions? • District Commission – Does not exceed 50 Lack • State Commission – exceeds 50 Lack but does not exceed 2 core, • National Commission – Exceeds 2 Crore

9. Consumer Complaints Online www.consumercomplaintsonline.com Email- support@consumercomplaintsonline.com Mob- +91-9560260222.9355655644