The Consumer Protection Act, 2019, commonly known as COPRA (Consumer Protection Act), is a significant legislation in India aimed at protecting the interests of consumers and providing them with a robust framework for seeking redressal in case of unfair trade practices and deficiencies in products and services. The Act came into force on 20th July 2020, replacing the earlier Consumer Protection Act of 1986. Here are the key provisions and features of COPRA in detail:
- Definition of Consumer:
- COPRA defines a consumer as any person who buys goods or avails services for consideration, either for personal use or for commercial purposes. It also includes users of goods and beneficiaries of services, except those who obtain goods for resale or for commercial use.
- Consumer Rights:
- COPRA enshrines six consumer rights, which are: a. Right to Safety: Consumers have the right to be protected against hazardous goods and services. b. Right to Information: Consumers have the right to be informed about the quality, quantity, price, and other relevant details of products and services. c. Right to Choose: Consumers have the right to choose from a variety of products and services at competitive prices. d. Right to be Heard: Consumers have the right to be heard in case of grievances and to be represented in appropriate forums. e. Right to Seek Redressal: Consumers have the right to seek redressal against unfair trade practices and defective products/services. f. Right to Consumer Education: Consumers have the right to be educated about their rights and responsibilities to make informed decisions.
- Central Consumer Protection Authority (CCPA):
- COPRA establishes the CCPA as a regulatory authority to promote, protect, and enforce consumer rights. The CCPA has the power to investigate and take action against misleading advertisements, unfair trade practices, and violations of consumer rights.
- Consumer Disputes Redressal Commissions (CDRCs):
- COPRA sets up Consumer Disputes Redressal Commissions at the district, state, and national levels to provide speedy and effective resolution of consumer disputes. These commissions have quasi-judicial powers and can award compensation, issue corrective orders, and impose penalties.
- Product Liability:
- COPRA introduces the concept of product liability, making manufacturers, sellers, and service providers liable for any harm caused due to defective products or deficient services. Consumers can seek compensation for injuries or damages caused by such products or services.
- Mediation Cells and E-filing:
- COPRA promotes mediation as an alternative dispute resolution mechanism for quicker resolution of disputes. It mandates the establishment of mediation cells to facilitate settlement discussions between parties. Additionally, the Act allows for the electronic filing of complaints for greater accessibility and convenience.
- Unfair Trade Practices and Misleading Advertisements:
- COPRA prohibits unfair trade practices and misleading advertisements that deceive consumers. The Act empowers the CCPA to take action against such practices and impose penalties.
- Product Recall:
- COPRA provides provisions for the recall of goods that are harmful or hazardous to consumers. Manufacturers and sellers must take necessary actions to recall such products and provide appropriate compensation to affected consumers.
- Penalties and Punishments:
- COPRA imposes strict penalties and fines for violations of consumer rights and for non-compliance with its provisions. These penalties can vary depending on the nature and severity of the offense.
The Consumer Protection Act, 2019 (COPRA), aims to strengthen consumer rights and provide an effective mechanism for consumers to seek redressal in case of grievances. It emphasizes the importance of consumer education, protection against unfair trade practices, and the responsibility of businesses to ensure the safety and quality of their products and services. With COPRA, India has taken a significant step towards creating a more consumer-friendly environment and enhancing consumer confidence in the market.