Author: Ashutosh Verma, II year of B.A.,LL.B. from Faculty of Law, University of Lucknow
Introduction
The advanced age has guided and hugely filled in this new period of internet business and acquired its degree new assumptions and wants of the buyers. It has now gotten effectively open, with more extensive decisions to the purchasers and gives powerful strategies for business. Because of such an upset which is achieved by digitalization, the Consumer Protection Act, 1986 had a few difficulties and confronted numerous mishaps which required quick consideration. Yet, the public authority achieved an extraordinary change and presented the Consumer Protection Act, 2019 which came into power on 20 July 2020. This previous authorization had been overhauled from time to time to get it similar with changes achieved by globalization, financial progression, digitalization of items and administrations, and so forth, be that as it may, its execution was far to accomplish its ideal target of financial enactment which tried to give assurance of the interests of the buyers. While then again, the new Consumer Protection Act, 2019 will fortify and improve the extent of security given to the buyers by patching up the promoting claims, supports, disciplines, prison terms, organization of the questions, and different elements.
Consumer Protection Act, 1986
This act was passed by the Indian Parliament to secure consumer rights and to review consumer objections and resolve consumer debates. One might say that the act was based on the principle of caveat emptor i.e., let the buyer beware.This act provided consumers certain rights which were the right to be heard, the right to consumer education, the right to seek redressal against unfair trade practices, the right to be protected against hazardous products, and the right to be informed about the quality, price and etc of the products.
Furthermore, the Act also explained who consumer is and what right do they have. Aside from that is likewise states itemized arrangements identifying with the organization and settlement of the buyer questions through three-level quasi-judicial component at the District, State and National levels for redressal of customer complaints.
Consumer Protection Act, 2019
The amendment of 2019 to the Consumer Protection Act came following 33 years of the old act being passed. Innovation has advanced a ton in these years and keeping in mind that the more seasoned amendment attempted to keep refreshed with little alterations to a great extent.The Consumer Protection Act, 2019 brought significant changes to give more insurance to the purchasers and gave numerous new ideas like e commerce, product liability and etc. It can be said that the only purpose of this act is look after the interest after of the consumer and to give them speedy answers for their issues.
Comparative analysis of CPA 1986 and CPA 2019
Definition of Consumer
The Act of 1986 had the meaning of consumer restricted and did exclude the idea of ecommerce business, online transaction, etc. In contrast the Act of 2019 express that it incorporates all goods and services including housing development, telecom and all method of exchange, while barring free and individual assistance. In this way, the meaning of consumer from that point and presently got extended.
Pecuniary Jurisdiction
The Act of 1986 provided district form to take matter upto Rs. 20 lakhs, state commission could take matter concerning above Rs. 20 lakhs upto 1 crore and national commission would take above Rs. 1 crore.
However, with time the income of people and their shopping way of life has colossally developed throughout the timeframe. The sum which the people spend on their buy, projects, etc. was extremely insignificant when contrasted with 21st century. In the wake of new amendment, the Act of 2019 now enables district commission to take dispute worth doesn't surpass Rs. 1 crore. The state commission now can take dispute whose worth surpasses Rs. 1 crore yet doesn't surpass Rs. 10 crores and national commission can take dispute whose worth surpasses Rs. 10 crores.
Product Lability
The Act of 1986 didn’t have any provision related to Product Lability. However, it is presented in the Act of 2019. This provision gives consumer the option to guarantee item responsibility for issues in goods and service against the product maker, service provider and product seller and if not met the same would have to be compensated. The fascinating part of the arrangements is that now the risk for the item is appended more towards the producers than the merchant and furthermore compensation can be acquired by demonstrating one of the few indicated conditions given in the 2019 Act.
Misleading Advertisement
Prior, if an individual doesn't follow requests of the Commissions, he might confront detainment between one month and three years or a fine between Rs 2,000 to Rs 10,000 or both. While presently in the new demonstration, 2019, he might confront detainment as long as three years, or a fine at the very least Rs 25,000 extendable to Rs one lakh, or both.
Independent Regulator
Prior, in 1986 there was no different power that could admire the complaints of consumers. Though, according to Section 10(1) of the Act 2019, the Central Consumer Protection Authority was set up. This authority was set up to manage matters identifying with encroachment of privileges of customers, and bogus or deluding of ads under the ambit of uncalled for exchange rehearses, likewise to advance and uphold the interest of consumers as a class. The Central Consumer Protection Authority likewise appreciates different forces to make managerial strides, for example, giving wellbeing sees, passing requests to review products, forestalling unreasonable exchange rehearses, re-remunerating price tag paid, forcing punishments for bogus or misdirecting notices, and capacities like, controlling, exploring, arbitrating at the same time.
Mediation
The act of 1986 had no such legitimate arrangement that could assist consumers with resolving down their disputes in time efficient way. Though, part V of the Act of 2019, acquainted an arrangement with guarantee quick resolution, where the court can allude for settlement through mediation.
Conclusion
The Consumer Protection Act is significant for the dealer just as for consumers. Due to deficient data present in the Act of 1986,it became fundamental for consumer protection to supplant and bring another Act of 2019.The new Act addresses numerous perspectives. Thus, it was critical to alter the act when digitalization has changed the manner in which a shopper goes through with online exchanges and the method of shopping has moved from offline to online.
Certainly 2019 Act is a positive advance towards reorganization, improvement, and upgrading buyer rights. However, the genuine execution of 2019 Act will be found in coming occasions by dissecting how much help it offers to the purchasers.