Consumer Protection Lawyers are for a person who buys goods and avails services from a producer or a seller or manufacture. Section 2(1)(d) of the consumer protection Act,1986 defines a “Consumer”. The word Consumer means any person who buys or avails of any service/goods for a consideration which has been paid or promised or partly paid and partly promised under any system of deferred payment etc.
In general meaning, a consumer is a person who buys goods and services for his personal or private use not for commercial purposes by paying some consideration in return for a good or service.
The Consumer Protection Law is for a person who buys not for commercial purposes to be considered as a consumer under the consumer protection Act. The purpose of purchase has to be personal to be eligible for the rights vested in a consumer by the consumer protection Act. The act provides certain rights to a consumer to protect the interest of a consumer in the commodities market.
Rights vested on a consumer
- Right to be protected against the marketing of goods and services. The purchased goods and services availed should not only meet their immediate needs but also fulfills long-term interests and guard against hazardous goods and services.
- To be informed about the goods or services availing about their quality, quantity, potency, purity, standard, and price of goods so as to protect the consumer against unfair trade practices.
- Assurance, wherever possible of entry to a variety of goods and services at a competitive price.
- Representation in various forums formed to consider the consumer’s welfare. 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.
- Seek redressal against unfair trade practices or unprincipled exploitation of consumers. It also includes the right to have a fair settlement of the genuine grievances of the consumer.
- Receive the knowledge and skill to be an informed consumer throughout life.
The objective of the Consumer Protection Law is to protect innocent buyers from exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.
What is the role of a Consumer Protection law and a Lawyer?
Goods/Services purchased by a person which may include daily necessity goods such as a house, food, clothes, medicines, utilities, etc. which are deficient and a consumer rights have been infringed or violated, the Consumer protection law comes to the rescue of such persons. The law is for persons who have been misled by false advertisement or swindled by the unfair business.
Rights under the Consumer Protection Law have been vested upon a buyer and it sets out procedures to enforce the remedies against violators. One must know his rights and protect himself/herself from malpractices of fake advertisements.
Consumer protection law protects consumers’ rights when they are injured by false or misleading advertising, defective products, data privacy breaches, and various other unfair trade practices.
A home buyer who has suffered at the behest of a developer for delayed possession or stalling the construction is an example of a consumer. Many persons especially NRI’s have purchased homes such as flats/apartments/villas from developers. Payments have been made from their savings, loans from friends, and family. There have been many cases where the developer has either stopped the project because of lack of permissions or finances, or the project has been delayed for a considerable time or the product handed over is not as per the assurances and promises made at the time of sale. This Homebuyer is a ‘Consumer’ and can seek protection under the Consumer Protection Law.
The remedy available to a consumer is filling with consumer complaints before the Consumer Forum or State Commission or National Consumer Dispute Redressal Commission (Depending on the value of the property).
A consumer can exercise his rights against the manufacturer or a producer or the seller. Consumer protection Lawyers on behalf of consumer aggrieved can file a complaint about defective goods/services and such defect is hidden by the producer or the manufacturer in respect of promoting unfair trade practices. The consumer protection Act has incorporated authorities to provide justice to aggrieved consumers. The Consumer Protection Law also provides for class suit/representative suits by a no. of persons who have suffered at the hands of the builder, seller, manufacturer, etc.
Consumer protection lawyers can provide experienced legal advice about your rights and guide you through the whole process of the filling drafting and other documentation processes. Our team of Consumer Experts can review your case and address your queries. The team has lawyers with years of experience in consumer law matters and have been assisting persons across the world especially NRI’s in seeking relief which is not only a refund of money along with interest but also damages for mental harassment and agony.