What is Right to seek redressal?

The right to seek redressal is a fundamental consumer right, allowing individuals to demand compensation and corrective action when confronted with unfair practices or defective products. This guide offers an in-depth analysis of the redressal mechanism under the Consumer Protection Act, tracing its evolution from the 1986 Act to the 2019 Act, and detailing how consumers can assert their rights effectively.

What Is A Redressal?

Redressal is the process through which a consumer seeks to correct a grievance resulting from unfair practices or defective products. It aims to make amends for any harm caused and restore the consumer's position to what it would have been had the issue not occurred. Under the Consumer Protection Act, consumers have the right to seek remedies that may include compensation, repair, or replacement of faulty products or services.

Consumer Protection Act: Historical Overview

1. Consumer Protection Act, 1986

   • Objective: To protect consumer interests, establish consumer forums, and provide a mechanism for the resolution of disputes.
   • Key Features:
     • Creation of District, State, and National Consumer Disputes Redressal Commissions.
     • Emphasis on speedy and affordable resolution of consumer disputes.
     • Focused on addressing grievances related to product defects and deficiencies in services.

2. Consumer Protection Act, 2019

   • Objective: To enhance consumer protection mechanisms and address the challenges posed by the evolving market dynamics.
   • Key Features:
     • Establishment of the Central Consumer Protection Authority (CCPA).
     • Introduction of a more comprehensive framework for redressal, including the concept of product liability.
     • Enhanced provisions for consumer rights and grievance redressal.

Read More: Consumer Protection Laws in India

Role of the Central Consumer Protection Authority (CCPA)

The CCPA, established under the 2019 Act, plays a crucial role in consumer protection:

• Functions:
  • Overseeing and addressing issues related to deceptive advertising and unfair trade practices.
  • Conducting investigations and initiating action against violators.
• Powers:
  • Ability to issue penalties, order recalls, and enforce corrective measures.
  • Supervision of consumer rights organizations and ensuring their effective functioning.

What Are Unfair Trade Practices?

Unfair trade practices undermine consumer trust and violate their rights. Examples include:

• False Advertising: Misleading claims about a product's quality or benefits.
• Hoarding and Black Marketing: Creating artificial shortages to inflate prices.
• Fraudulent Use of Intellectual Property: Unauthorized use of trademarks or patented technologies.

What is Rights To Seek Redressal?

There are 6 main Consumer Rights and the right to seek redressal gives the right to seek justice in case of situations where the consumer rights of an individual are hurt and violated. The rights are as follows:

• Right to Safety: Protection against products that jeopardize physical or mental health.
• Right to Information: Clear and accurate product information must be provided.
• Right to Choose: Freedom to select from a range of products without pressure.
• Right to Be Heard: Ability to file complaints and expect resolution in a reasonable time.
• Right to Consumer Education: Access to information about rights and duties, addressing gaps in consumer knowledge.

Right To Seek Redressal refers to the right to file a complaint about unethical business activities or the deceptive exploitation of customers. It also involves the right to a just resolution of the customer's legitimate complaints. Customers who have legitimate complaints must file them. Frequently, their grievance may seem insignificant, but it might have a significant effect on society as a whole. Consumer associations might also assist them in pursuing remedies for their complaints.

With the globalization of markets and the growing distance between the maker and the end consumer, it is imperative that issues related to purchases be addressed through a robust grievance redressal mechanism. 

Consumer Dispute Redressal Agencies

The Consumer Protection Act establishes a tiered system for dispute resolution:

1. District Commissions: Handle complaints with a value up to ₹50 lakh.
2. State Commissions: Address complaints where the value exceeds ₹50 lakh but is below ₹2 crore.
3. National Commission: Deals with complaints over ₹2 crore.

Details On Filing A Complaint

The very first thing you need to know about filing a complaint is the limitation period. According to Section 69 of the Consumer Protection Act of 2019, a grievance may be submitted to the District, State, or National Commissions within two years from the date the issue first arose. In exceptional circumstances, the commission may consider extending this period if sufficient justification for the delay is provided.

For a detailed guide on the process of filing a consumer complaint online, including step-by-step instructions and tips, visit our How to Lodge a Consumer Complaint Online page.

Who Can File A Complaint?

Since the new Act of 2019 went into effect, consumers, groups of consumers, recognised consumer associations, the Central Government, the Central Consumer Protection Authority, or the State Government may file complaints in consumer courts based on suo-moto cognisance. Previously, only a consumer could file a complaint under the Consumer Protection Act, of 1986.

How To File A Complaint?

The Consumer Protection Act of 2019 has many phases in the complaint process:

1. Issuance of Notice: The complainant must notify the other party of the flaws or faults in writing prior to filing a complaint. The complaint may be pursued if a settlement is not achieved.
2. Jurisdiction Determination: In accordance with the case's financial and geographical jurisdiction, the complaint has to be submitted to the relevant commission.
3. Complaint Filing: By submitting the appropriate information and using Demand Draft to pay the necessary court costs, the complaint can be filed online. Filing costs for complaints under Rs. 5 lakh are non-existent.
4. Options for Resolving Disputes: Commission-affiliated Mediation Cells or court procedures are the two ways in which disputes can be settled. The state pays for the costs of the mediation; however, the parties are responsible for paying for the experts, witnesses, and paperwork.

Liability for Damages

Chapter VI of the Consumer Protection Act, 2019, addresses product liability:

• Scope: Defines the liability of manufacturers, service providers, and sellers for damages caused by defective products.
• Responsibilities: Clarifies who is accountable for compensation based on the nature of the product and the role of the involved parties.

What Is Consumer Awareness?

The practice of educating a customer about his rights when purchasing products and services is known as consumer awareness. It includes teaching a customer about information, safety, and his choices for redress. As was previously said, one of the government's most enduring issues with consumer protection is consumer awareness. Over the years, the government has developed a number of strategies to address this issue.

Actually, that is the Department of Consumer Affairs' primary goal.  "Jago Grahak Jago" has been one of the most significant and effective consumer awareness campaigns in recent memory. It is certain that you have encountered it. It's an excellent illustration of customer awareness done right.

Responsibilities Of A Consumer

As a knowledgeable consumer who may influence society and assist other consumers in opposing unfair practices or raising awareness of them, the consumer has some responsibility.

• They ought to be conscious of their rights under the Consumer Protection Act and act accordingly in an emergency.
• They have to know a lot about the item they are purchasing. should buy the goods with caution, just like any other buyer.
• A complaint should be made if a product is discovered to contain any incorrect information or to be unsatisfactory.
• When making a transaction, the customer ought to request a Cash Memo.
• Customers should verify the product's legitimacy and quality by looking for the newly established standard markings.

Read More about: What Are The Consumer Rights And Responsibilities

Landmark Cases

Sapient Corporation Employees v. Hdfc Bank Ltd. & Ors. (2012)

The Sapient Corporation Employees Provident Fund Trust lodged a consumer complaint against HDFC Bank Ltd. in this instance. The complaint alleged that by debiting the complainant's account, OP-Bank had provided inadequate services. In this instance, the court determined that there was no service defect on the side of OP-bank and that the complainant's complaints lacked foundation. It is impossible to classify activity that complies with regulatory body directives as carelessness or a lack of quality service.

Brigade Enterprise Ltd v Anil Kumar 2021 SCC Online SC 1283

In this instance, the Supreme Court bench was asked to rule on whether more than one consumer might file a complaint under the Act. In response to this query, the court provided the following illustration. "a situation in which a parent and kid or a husband and wife jointly buy a residential flat. Both of them are allowed to submit a complaint together if they have a problem against the constructor. Section 35(1)(a) shall apply to such a complaint instead of Section 35(1)(c). The fact that a complaint is not from a single customer does not exclude the person filing it from Section 2(5)(i)."

Conclusion

The right to seek redressal is a cornerstone of consumer protection, ensuring that individuals can hold businesses accountable for unfair practices or faulty products. The evolution of consumer protection laws, from the 1986 Act to the more comprehensive 2019 Act, reflects a growing recognition of consumer rights. By understanding and exercising these rights, consumers can better navigate the marketplace and ensure justice.