Know Your Rights: The Various Rights Conferred on the Consumer under The Consumer Protection Act, 2019

The Consumer Protection Act of 2019 is an important piece of legislation for India in its quest to bring about a transformation in its consumer law regime, given the changing nature of trade transactions and marketing activities. The Consumer Protection Act of 2019 has been passed as a replacement for the inadequate Consumer Protection Act of 1986. The Consumer Protection Act, 2019 lays down six basic rights that are granted to all eligible consumers as per Section 2(9) of the new Act. This paper deals with an examination of these rights which are the right to safety, right to information, right to choose, right to be heard, right to seek redressal and right to consumer education. Focus is laid upon the Act’s groundbreaking innovations, such as India’s statutory scheme of product liability provided for under Chapter VI, the wide definition of misleading advertisements set out in Section 2(28) and the formation of CCPA as an agency which can proactively intervene suo motu to protect the interests of consumers. Other aspects of the new consumer law discussed in the paper are the improved dispute resolution mechanism (consumer commission system, online lodging of complaints and judicial mediation process), e-consumer protection and invalidation of unfair terms in contracts. Noting the fact that the Act represents a significant development from its earlier version, the paper highlights the shortcomings of the new act as well. These include, among other things, delayed consumer claims settlement, lack of consumer awareness and the infancy of product liability legislation. The conclusion stresses the necessity of not only passing appropriate laws but also implementing the policy of consumer protection in practice.