Various Fora in Consumer Protection Councils

The Consumer Protection Council is a government institution that was established in 1972 with the main objective of protecting consumer rights, developing and promoting effective consumer protection measures, as well as educating people about their rights under the law.

The Consumer Protection Act, 2019 provides for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and matters connected therewith. The Act mandates the establishment of Consumer Protection Councils at the Centre as well as in each State and District, to promote consumer awareness. The Central Council is headed by the Minister in charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister in charge of Consumer Affairs in the State Governments. The District Consumer Protection Council (DCPC) is a district-level body that deals with consumer protection in India. These Councils are advisory and their object is to protect the rights of the consumers enshrined under the Act.  The Act also provides for a 3-tier structure of the National Commission, the State Commissions, and the District Commissions for speedy resolution of consumer disputes.

The Consumer Protection councils have a wide range of services that it offers, including product liability, consumer disputes, and credit information. Additionally, the council conducts awareness campaigns to educate people about their rights as consumers. The council offers free information and support to individuals who have been wronged by companies or government agencies. So, whether you’re the victim of a scam or just feel like you’ve been wronged in the past, the Consumer Protection Council can help.

The council is made up of members from various government departments, such as the Department of Industrial Policy and Promotion, the Department of Law and Justice, and the Department of Consumer Affairs. The council’s main focus is to safeguard consumer interests by monitoring and enforcing consumer protection laws, facilitating consumer education, and providing consumer redressal mechanisms. In addition, the council also promotes consumer-friendly policies and initiatives.

The Consumer Protection Council is an organisation that provides legal assistance to Indian consumers. They do this by developing and promoting effective consumer protection measures, as well as educating people about their rights under the law. It has a wide range of services that it offers, including product liability, consumer disputes, and credit information. The council offers free information and support to individuals who have been wronged by companies or government agencies. So, whether you’re the victim of a scam or just feel like you’ve been wronged in the past, the Consumer Protection Council can help.

Additionally, the council conducts awareness campaigns to educate people about their rights as consumers.

The Rights of Consumers:

Right to Safety:  Right to safety means the right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed should not only meet their immediate needs but also fulfill long-term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc

Right to be informed: Right to be informed means the right to be informed about the quality, quantity, potency, purity, standard, and price of goods to protect the consumer against unfair trade practices. Consumers should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high-pressure selling techniques.

Right to Choose: The right to choose means the right to be assured, wherever possible of access to a variety of goods and services at competitive prices. In the case of monopolies, it means the right to be assured of satisfactory quality and service at a fair price. It also includes the right to basic goods and services. This is because the unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices

Right to be heard: Right to be Heard means that consumers’ interests will receive due consideration at appropriate forums. It also includes the right to be represented in various forums formed to consider the consumer’s welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.

Right to seek redressal: Right to seek redressal means the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer. Consumers must make complaints for their genuine grievances. Many times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organizations in seeking redressal of their grievances.

Right to Consumer Education: Right to Consumer Education means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

Composition of the Consumer Protection Council:

The Consumer Protection Council acts as the mediator between businesses and consumers, providing education and legal interpretations of consumer rights. In addition, the council tries to make it easier for consumers to take action if they feel that their rights have been violated.

In addition, the council also works towards increasing consumer awareness of their rights and protecting businesses from unfair practices by customers.

The functions of the Consumer Protection Council:

The Council formulates policy guidelines for the protection and promotion of consumer interests.

The Council guides on matters relating to consumer protection.

The Council advises the Government on all issues related to consumer protection.

The Council also monitors compliance with rules/regulations issued by the Government or any other authority or organisation as per directions given by it.

The Council receives complaints from consumers regarding violations or non-compliance with any provision and takes action against unfair practices by applying for a legal notice under the Consumer Protection Act. (Source: National Consumer Dispute Redressal Commission)

Consumer Protection Division, under the Ministry of Consumer Affairs, Food & Public Distribution is mandated to implement the Consumer Protection Act, 2019, and Rules/Regulations made under the ibid Act. It is entrusted with the framing of policy related to the protection of the interests of the consumers particularly those grievances arising in the post-sale of goods and services.

It provides for the establishment of three-tier quasi-judicial consumer disputes redressal machinery at the District, State, and National levels commonly known as “Consumer Commissions” to render simple, inexpensive, and speedy justice to consumers.

To provide simple, speedy, and inexpensive redressal of consumer disputes, the CPA envisages a3-tier quasi-judicial machinery at the National, State, and District levels. The pecuniary jurisdiction for this commission is as;

Pecuniary Jurisdiction

These redressal agencies have the jurisdiction to adjudicate the complaints received from consumers against any defect in the goods purchased, deficiencies in the services availed, or any unfair/restrictive trade practices, etc. adopted by any trader or person.  Apart from the quasi-judicial mechanism, the National Consumer Helpline and Zonal Consumer Helplines also address consumer grievances under the supervision of this Division.

Mainly three schemes i.e. ICGRS (Integrated Consumer Grievance Resolution System), SCC (Strengthening of Consumer Commission), and CONFONET are being implemented in the CPU Division for the protection of consumer rights in the country.  (CONFONET stands for Computerization and Computer Networking of Consumer Fora in India. It is an online Case Monitoring System that automates the workflow of consumer commissions in India).

The Department looks after the establishment and functioning of the Central Consumer Protection Authority (CCPA) and the National Consumer Disputes Redressal Commission (NCDRC), the apex consumer court.  Also, the constitution of the Central Consumer Protection Council is done by the Consumer Protection Division.

Powers of the Consumer Protection Council (CPC):

The Consumer Protection Council (CPC) is a government agency and they have the right to prosecute offenders who break the law about consumer protection matters. It has a wide range of powers and functions, including the enforcement of consumer protection laws and recommending reforms to the government. They aim to provide a fair and consistent service across the board, which includes protecting the rights of consumers from unfair or abusive business practices. In addition, they work closely with other government agencies such as the Ministry of Business, Innovation and Employment (MBIE) and the Commerce Commission to bring those who have broken the law to justice. Anyone who violates consumer protection laws will face punishment accordingly – whether it be fines or imprisonment The council is responsible for analyzing and investigating complaints received by it. This helps to identify any patterns or issues that may need to be addressed. It also provides guidance and support to businesses to help them comply with the law- both legal requirements and consumer protection standards. In addition, the council keeps tabs on developments in the industry so that appropriate action can be taken when necessary.