Consumer Protection is a Socio-economic activity that is to be carried out by the government in the interest of consumer satisfaction. Every human being is a ‘Consumer’. The growth of a country is greatly influenced by its consumers. A customer is the most significant visitor to our property, according to Mahatma Gandhi. We are the ones who are reliant on him; he is not. He serves as the motivation behind our labour, not as an interruption. Giving a customer a chance is not our way of doing them a favour. Giving us the chance to serve him is a favour he is performing for us. Even before India gained its independence, the country's authorities were charged with the duty of protecting consumers. In 1986, a consumer protection law that only focuses on protecting consumers was passed. One of the best Acts for consumer protection was the Consumer Protection Act of 1986 (CPA 1986), which was approved by Parliament in 1986. However, dishonesty has become a common practise among the greedy sellers and manufacturers to make unreasonable profits and without paying attention to consumer rights and their interests. This includes overcharging, black marketing, false advertising, unfair trade practises at e- commerce platforms, etc. By introducing the new Consumer Protection Act, 2019, the government has therefore made some significant amendments to the Consumer Protection Act. This law specifies the many steps that can be taken to educate customers about consumer rights and regulations. A significant piece of legislation, the Consumer Protection Act of 2019, was passed to effectively protect customers from various forms of exploitation and unfair business practises that mostly use compensation measures rather than punitive ones. A well-organized system for resolving consumer complaints, promoting high standards for goods and services, and other related tasks has been developed at the federal, state, and district levels thanks to the consumer protection act, which also introduced an ADR mechanism for resolving consumer disputes. A consumer protection committee has been established by the government to raise consumer awareness. This essay's goal is to provide insight into recently adopted provisions and a comparison of some of the most important elements of the Consumer Protection Act, 2019 and the Consumer Protection Act, 1986¹.

Every nation has had a movement for consumer justice that is unique to their historical, social, economic, and legal context. When it comes to setting basic criteria for all nations in terms of consumer protection, the United Nations has played a very significant role. Taking into account their unique demands and requirements, all nations must include the same in their regional consumer laws. Consumer protection in India dates back to the time when dishonest traders were forced to exercise restraint and were subject to penalty if they did not. In modern India, the sacred texts, including the Constitution, envisioned social and economic justice, of which consumer justice is a component. Numerous legislations for the protection of consumers were passed by the Parliament to accomplish the lofty goals. But many of them needed to be updated or had other issues that would have made them more useful. Affected customers received some protection from this legislation, albeit insufficiently. The Consumer Protection Act of 1986 was passed in order to ensure improved consumer rights protection.²

We consume a variety of items in our daily lives, such as cell phones, digital cameras, soaps, perfumes, cosmetics, and other things, in addition to the basic necessities of food, clothing, and shelter. Therefore, we are all consumers in the truest sense of the word. As consumers, when we purchase items from the market, we anticipate getting value for our money, which includes things like quality, quantity, the right price, information about the intended use, etc. The consumer might, however, occasionally be duped.

Most people don't know who to turn to in these situations to request help. Furthermore, the majority of us are also ignorant of our "rights" as consumers and sometimes reluctant to voice complaints or even resist unfair acts. We also lack the means to pursue justice through expensive litigation, so we are forced to put up with this injustice.

This is where consumer forums can help you seek justice against unfair practices without having to pay excessive legal expenses.

What is the Consumer Protection Act?

To make resolving consumer complaints easier and faster, the Consumer Protection Act of 1986 was passed. The Act aims to advance and defend consumer interests against shortcomings and flaws in goods and services. Additionally, it aims to protect consumers' rights from unfair business practices that suppliers and sellers could engage in.

In a consumer forum, both parties should receive relief, and protracted litigation should be avoided. Officials of the forum mediate between the two parties and advocate compromise in a procedure known as "informal adjudication."

The 1986 law's one and only goal was to safeguard consumers' interests. It marked a change from caveat emptor to caveat venditor. It was compensating in character rather than punitive or preventative. The act's goal was to give consumers access to straightforward, quick, and affordable redress.³

The impact or goal of the aforementioned act, however, has been hampered by changes in consumer attitude, technological advancements, and consumer court delays.

As a result, the government must act quickly to enforce laws that could effectively stop consumer frauds and make the required changes to the Act's various provisions in order to provide a more effective process.

In terms of consumer protection, this law is recognized as India's "Magna Carta" for preventing unfair business practices, "defects in goods," and "deficiencies in services." It resulted in the creation of an extensive network of consumer forums and appellate courts throughout India. It has greatly changed how firms handle customer complaints and greatly increased consumer power.⁴

What are the objectives of the Act?

The Central Council's goals include promoting and defending the rights of consumers, including the following:

The Act of 1986 establishes a quasi-judicial system for the resolution of consumer-related issues. The tenets of natural justice serve as the foundation upon which this quasi-judicial body functions. The Act also gives these organizations the authority to provide specified types of remedy and give the person that was wronged the necessary compensation when they see proper.

Chapter III of the Consumer Protection Act, 1986 deals with the following:

Who is a Consumer?

As per sec. 2(d) of the Act, ‘consumer’ has been defined as any person who:

In the case of Dinesh Bhagat v. Bajaj Auto Ltd., the Delhi State Commission had to deal with an instance where A bought a scooter and B had been in possession of it ever since. Periodically, B took the scooter in for repairs. Later, B sued the seller because of complaints he had about the scooter. Since B did not initially buy the scooter, the seller argued, they were not responsible for him under the Consumer Protection Act of 1986 because he was not the consumer. The Delhi State Commission determined that since B, the complainant, was using it with the buyer A's consent, he qualified as a consumer for the purposes of the Act.¹²

In the matter, the Respondent claimed that despite having paid the entire amount of the plot/allotment in accordance with the terms and conditions of the allotment letter, the Appellant had not yet granted her possession of the site. As there was a delay in transferring physical ownership of the site, the State Commission ruled that the Respondent had shown a fault in the Appellants' performance and was entitled to compensation. The National Commission upheld the State Commission's decision on appeal.

In deciding this instance of a lack of medical service, the court determined that the services provided by a medical practitioner fall under the definition of "services" as stated in section 2(1)(o) of the Act. It denied the claim that a doctor is not subject to the CPA since they are professionals and are covered by the Indian Medical Council Act.

In addition, it was determined that a service that was otherwise free would not fall under the definition of services if a small fee was charged (for hospital administrative needs). Additionally, it would be considered comparable to paying for the service yourself if the employer or insurance provider paid the cost.

Arguing in favour of a wider range of people being able to petition consumer courts. Due to the strictness of the law, only a "consumer," or a person who makes purchases of goods and services, could go before a court to file a complaint about unfair business practices.