Open Access Research Article
AN EMPIRICAL STUDY OF THE PUBLIC OPINION ON THE PERCEPTION, AWARENESS, AND ENFORCEMENT OF THE CONSUMER PROTECTION ACT 2019
Published Paper
Article Details
AN EMPIRICAL STUDY OF THE PUBLIC
OPINION ON THE PERCEPTION, AWARENESS, AND ENFORCEMENT OF THE CONSUMER
PROTECTION ACT 2019
1st year, B.A.LLB.,
(Hons),
Saveetha School of Law,
Saveetha Institute of Medical and
Technical Sciences (SIMATS) Chennai-600077
Email I’d - otsathyamoorthi@gmail,com
ABSTRACT:
The Consumer Protection Act of 2019
is a pivotal legal enactment aimed at fortifying consumer rights and interests
in contemporary markets. Made to make the Consumer Protection Act 1986,
encompass the growing field of e-commerce. This legislation stands as a vital
tool for promoting transparency, accountability, and fairness in commercial
transactions, fostering a more secure and equitable environment for consumers.
In this light, this paper seeks to study the perception of the Consumer
Protection Act in Chennai, analyze the awareness of consumer rights in Chennai,
and analyze whether there is enforcement of consumer rights. This paper uses
convenient sampling and collects 202 samples around Chennai to use as data to
discuss this matter. This research found that there is a lack of awareness
about the Consumer Protection Act 2019, a negative perception surrounding the
effectiveness of the statute, and a lack of desire to enforce rights granted
through this statute due to difficulties in enforcing it. This research
suggests conducting awareness camps and providing increased legal aid to
empower ordinary citizens to enforce their rights under the Consumer Protection
Act 2019, initiatives to overcome the perceived difficulty in enforcing
consumer rights, including targeted awareness campaigns, implementation of
commercial advertisements to promote its use and investigations to understand
and rectify the reasons behind the negative perception as possible policies to
supplement the findings.
KEYWORDS:
Consumer, Consumer Protection, Law, Justice, Consumer Rights
INTRODUCTION:
The first statute concerning consumer
protection in India The Consumer Protection Act 1986 emerged during the era of
globalization and liberalization where the businesses in India encountered a
massive wave of competition. And with this competition came an influx of
adulterated and low-quality goods.
This sudden influx resulted in a
situation where the rights of the consumers were grossly infringed. For this
purpose, the first statute was created. It defended the rights of the consumers
and allowed them to claim remedies for any infringement of rights. And with
this statute bad faith business practices such as adulteration or false and
misleading advertisements were cracked down
Later the Consumer Protection Act
1986 was amended in 2019, to contain provisions relating to the growing
industry of e-commerce. It was introduced in a period when the industry of
e-commerce had seen massive development, industries such as Amazon, Flipkart,
BigBasket, etc., had started to grow massively. And the previously existing
statute needed to be equipped to handle it.
There are many factors affecting this
topic such as corporate social responsibility, consumer complaints, and
Consumer’s intention to purchase. India is a nation with a population of about
1.42 billion individuals and plays host to 17% of the world’s population and
due to this massive implementation of most statutes is an issue. Understanding
a topic often aids in solving problems related to the issue. In this light,
this paper sought to study the perception of the Consumer Protection Act in
Chennai, to analyze the awareness of consumer rights in Chennai, and to analyze
whether there is enforcement of consumer rights.
OBJECTIVES:
a) To study the perception of the
Consumer Protection Act in Chennai
b) To analyze the awareness of consumer
rights in Chennai
c) To analyze whether there is
enforcement of consumer's rights
REVIEW OF LITERATURE:
Dr. Chatar Singh Negi (2020) studied the meaning and implications of empowering
consumers. The research is descriptive and uses secondary sources of data. The
research concluded that even though there were several laws, unfair trade
practices, and misleading advertisements were still rampant.
Neelam Chawla et.al. (2021) analyzed the current Indian legal framework that protects
online consumers’ interests. A structured questionnaire was used to collect
data from 290 e-consumers. The research found that lack of trust in goods and
their suppliers/manufacturers was one of the primary reasons for people not
buying online. And that the Consumer Protection Act helped lower this lack of
trust.
Wenjie Zhao (2010) investigated the motivation for seeking redress from the firms and the
third-party complaint process. The research collected data from 890 complainers
through interviews. The study revealed that the consumer’s complaint intention
is predicted by the knowledge of consumer rights and consumer agencies and the
importance of the product.
C. Yasodha et.al (2022). they assessed the awareness and satisfaction of consumers
on consumer legislation in India. 300 samples were sampled under convenient
sampling to collect data for the research. The study found that consumers are
less aware of consumer laws and have not yet reached satisfaction with the
implementation of legislation.
Dr. Upender Sethi (2017) analyzed the perception of consumers towards the Consumer
Protection Act of 1986. 500 samples were collected through
purposive/convenience sampling. The study found that awareness of consumers is
low and due to this, the enforcement of their rights could be higher.
Md. Abul Kalam Azad (2013) identified the present status of consumers and the problems
faced by them. 100 consumers were sampled through convenient sampling to
collect data for the survey. The study found that consumers have faced various
problems such as adulterations, inconsistent high prices, deceptive
advertising, packaging & branding, labeling, malpractices, false
information about goods and services, and shortage in weight measures.
M. Kriese et. Al. (2019) examined the link between financial consumer protection
(FCP) and economic growth. The research used cross-country data on 114
countries surveyed in the World Bank Global Survey on FCP and Financial Literacy
(2013). The results indicate that FCP enhances economic growth through fair
treatment, responsible lending, enforcement and dispute resolution, and
recourse regulations.
Sahar Jalal et.al. (2022) examined the effect of deceptive brand image on consumer
purchase intention, with consumer attitude as a mediator. A random sampling
technique was used to collect data from 175 individuals. The research found
that honest brand marketing is beneficial in increasing the attitude toward the
brand.
Brij Mohan Dutta (2019) explored people's perceptions of the Consumer Protection Act
in India. The researcher collected data through random sampling. The research
found that the consumer protection act had been successful in defending Indian
consumer's interests.
P. Uma Maheshwari Devi (2016) studied the level of awareness among educated and uneducated
consumers about Consumer rights. 1000 consumers were sampled through purposive
sampling to collect data. The study found that education did not create much
difference in the level of awareness, the majority of consumers do not know
Consumer Rights and laws. A positive correlation was found between Consumer
Perceptions, buying Practices, and Problems.
MZM Nomani et. al., (2019) examined whether the Consumer Protection Act 2019 exonerated
doctors from liability for defective services and negligence of duty. A
literature review was done to study the same. The research found that medical
services do come under the purview of the Consumer Protection Act 2019 and it
did not exonerate doctors from liability for defective services, and negligence
of duty.
S. Jothi Poorna (2020) analyzed the Consumer Protection Act 2019 and the difference
between the 2019 and 1986 enactment of the statute. A literature review was
conducted to study the same. The research found that the 2019 enactment of the
statute helped to deal with the new issue of consumer protection in a digital
market
K.B. Bello et. al., (2016) studied the relationship between consumer’s awareness of
their rights and corporate social responsibility. The paper utilized a
literature review to study the same. The study found that there is a higher
degree of corporate social responsibility when there is an increase in
consumer’s awareness of their rights.
Ishwar Mittal et. al., (2013) analyzed the consumers’ awareness and utilization of
consumer rights given under the Consumer Protection Act. The research utilized
a structured questionnaire and collected data from 600 respondents to study the
subject. The study found that even if consumers were aware of the existence of
the Consumer Protection Act, they did not know the procedure to enforce their
rights.
Ishwar Mittal et. al., (2015) analyzed the awareness level of consumers towards various
consumer protection legislations enacted in India to protect the interest of
consumers. The research used a structured questionnaire and collected data from
600 respondents to study the subject. The research found that consumers were
aware of only 1/4th of the then-currently enacted consumer protection
legislation.
Dr. Neetu Sharma (2013) studied the general awareness among consumers of consumer
protection. The research used a structured questionnaire and collected data
from 50 respondents to study the subject. The research found that consumer
awareness is growing day by day and discussed suggestions to improve the
enforcement of consumer rights.
C. Natarajan (2017) studied the awareness of women regarding consumer rights in the rural
context. 100 rural women were sampled through purposive sampling to study the
subject. The research found that various factors such as age groups,
educational status, income groups, and occupations affected awareness.
Suhail Nathani (2017) studied the relationship between the Consumer Protection Act 2019 and
the Competition Act. The research conducted a review of the literature to study
the same. The research found that the Competition Act takes precedence in cases
of overlap between the statutes.
Mallikarjun S Ballur (2020) studied the awareness of faculty in a private hospital and
college on the Consumer Protection Act 2019. The research used a structured
questionnaire to sample the faculty to study the subject. The research found
that the samples had a poor awareness of the matter.
Suné Donoghue (2009) studied consumer complaint behavior. The research conducted a review of
the literature to study the same. The research found that effective consumer
suggestion implementations reduce consumer complaints.
METHODOLOGY:
The present study is based on the
descriptive method. Primary data was collected through a structured
questionnaire using a convenient sampling method. The research collected a
total of 202 responses around Chennai to examine this issue. The Independent variables
utilized in this study are age, gender, occupation, place of residence, and
educational qualification of the respondent. The dependent variables used in
this research are awareness about the fact that you can claim remedy for
default in service through the Consumer Protection Act 2019, agreeability with
the statement that even ordinary citizens can claim remedy through the Consumer
Protection Act 2019, opinion on level of difficulty for ordinary citizens to
claim remedy for violation of their rights as citizens, opinion on whether they
would claim remedy if they were sold a faulty product, Opinion on whether a
person can claim remedy for medical negligence through Consumer Protection Act
2019, Rating on effectiveness of consumer protection act 2019. The tools used
for analysis are pie charts and bar graphs through SPSS.
ANALYSIS:
Legend: Figure
1 showing the age distribution of sample respondents
Legend: Figure 2 shows the gender
distribution of sample respondents
Legend: Figure 3 shows the residential
area distribution of sample respondents
Legend: Figure 4 shows the
educational qualification distribution of sample respondents
Legend: Figure 5 shows the
occupational sector distribution of sample respondents
Legend: Figure 6 shows awareness about
the fact that you can claim remedy for defaults in service through the Consumer
Protection Act 2019 distribution of sample respondents
Legend: Figure 7 shows agreeability
with the statement that even ordinary citizens can claim remedy through the
Consumer Protection Act 2019 distribution of sample respondents
Legend: Figure 8 shows opinions on
the ease of claiming remedy for violation of consumer rights by ordinary
citizens
Legend: Figure 10 shows opinions on
whether a person could claim remedy for medical negligence through the Consumer
Protection Act 2019 distribution of sample respondents
Legend: Figure 11 shows rating on the
effectiveness of the Consumer Protection Act 2019
Legend: Figure 12 shows the gender
distribution of sample respondents with relation to opinions on whether a
person could claim remedy for medical negligence through the Consumer
Protection Act 2019
Legend: Figure 15 shows the gender
distribution of sample respondents by awareness about the fact that you can
claim remedies for defaults in service through the Consumer Protection Act
2019.
RESULTS:
It is
revealed that 41.09% of sample respondents are of ages 21 to 30, 18.81% 31 to
40, 4.95% 41 to 50, 4.95% 51 to 60, and 30.2% below 20(Fig:1)
It is
revealed that 50% of sample respondents are female and 50% are male(Fig:2)
It is
revealed that 14.36% of sample respondents reside in rural regions, 40.59% semi-urban,
and 45.05% urban(Fig:3)
It is
revealed that 4.95% of sample respondents have completed postgraduate or above,
9.9% primary schooling, 44.55% secondary schooling, and 40.59%
Undergraduate(Fig:4)
It is
revealed that 38.12% of sample respondents work in the private sector, 10.89%
public sector, 30.2% are self-employed, 15.84% are students and 4.95% are
unemployed(Fig:5)
It is
revealed that 89.11% of sample respondents are aware of the fact that you can
claim remedy about the fact that you can claim remedy for defaults in service
through the Consumer Protection Act 2019, and 10.89% were not aware(Fig:6)
It is
revealed that 45.54% agree with the fact that even ordinary citizens can claim
remedy through Consumer Protection Act 2019, 35.15% disagree, 14.36% are
neutral, and 4.95% strongly disagree(Fig:7)
It is
revealed that 50% of sample respondents believe that it is difficult for the
ordinary man to claim remedy for violation of consumer rights, 24.75% easy,
9.9% neutral, 4.95% very difficult, 10.4% very easy(Fig:8)
It is
revealed that 39.11% of sample respondents say that they wouldn’t claim remedy
if they were sold a faulty product and 60.89% would(Fig:9)
It is
revealed that 19.8% of sample respondents believe that a person can maybe claim
remedy for medical negligence, 26.73% believe that a person can’t, and 53.47%
believe that a person can(Fig:10)
It is
revealed that 14.36% of sample respondents rate 1 out of 5 when asked for their
opinion on the effectiveness of the Consumer Protection Act 2019, 38.61% rate
2, 10.89% rate 3, 31.19% rate 4, and 4.95% rate 5(Fig:11)
It is
revealed that 4.95% of sample respondents who are female say that a person
maybe can claim remedy for medical negligence through the Consumer Protection
Act 2019, 11.39% say they can’t, and 33.66% say they can; 14.85% of sample
respondents who are male say that a person maybe can, 15.35% say that a person
can’t, and 19.8% say that a person can(Fig:12)
It is
revealed that 4.95% of sample respondents who have completed postgraduate or
above say that they would claim remedy if they were sold a faulty product; 9.9%
of sample respondents who have completed their primary schooling say that they
would; 13.86% of sample respondents who have completed their secondary
schooling say that they wouldn’t and 30.69% say that they would; 25.25% of
sample respondents who are undergraduates say that they wouldn’t and 15.35% say
that they would(Fig:13)
It is
revealed that 19.8% of sample respondents who are females say that they
wouldn’t claim remedy if they were sold a faulty product, 30.2% say they would;
19.31% of sample respondents say that they wouldn’t and 30.69% say that they
would(Fig:14)
It is revealed
that 49.5% of sample respondents who are
female say that they are aware of the fact that you can claim remedy for
defaults in service through the Consumer Protection Act 2019 and 0.5% not
aware; 39.6% of sample respondents who are male say that they are aware and
10.4% not aware(Fig:15)
DISCUSSION:
From Figure 6, we can infer that a
majority of the sample respondents are aware of the fact that you can claim
remedy for defaults in service but this is contrary to Figure 10 where almost
half of the respondents aren’t aware of the fact that you could claim remedy
for medical negligence. This suggests the need for further programs to improve
the awareness levels of the general public.
From Figure 7, we can see that a
majority of the sample respondents disagree with the statement that ordinary
citizens can claim remedy through the Consumer Protection Act 2019. This
suggests a level of negative perception around the enforceability of the Act,
which needs to be promptly remedied through awareness camps and increased legal
aid to ordinary citizens who want to enforce their rights.
From Figure 8, we can see a similar
state of affairs where a majority of sample respondents believe that it would
be difficult for ordinary citizens to claim remedy through the Consumer
Protection Act 2019. Similar to the above, there is a need for awareness camps
and increased legal aid to help ordinary citizens who want to enforce their
rights.
From Figure 9, we can see that a
significant percentage of the sample respondents believe that they wouldn’t
claim remedy if they were sold a faulty product. This further reinforces the
above two discussions where we see that there is a perception that enforcement
of consumer rights is a difficult thing. Which needs to be promptly remedied.
From Figure 11, we can see that a
majority of sample respondents have a low opinion on the effectiveness of the
Consumer Protection Act 2019. This suggests the need for commercial
advertisements supporting the use of the Consumer Protection Act 2019 to
improve the reputation of the act and also investigations on the act on why
there is such a negative perception of the act.
LIMITATIONS:
A convenient sampling method was
used.
CONCLUSION:
The Consumer Protection Act of 2019
represents a crucial legal framework designed to strengthen consumer rights and
interests, particularly in the evolving landscape of contemporary markets and
the expanding realm of e-commerce. This legislation serves as a pivotal tool,
fostering transparency, accountability, and fairness in commercial transactions
to create a more secure and equitable environment for consumers.
This research, conducted in Chennai,
delved into the perception of the Consumer Protection Act, analyzed awareness
levels of consumer rights, and assessed the enforcement of these rights. The
findings unveiled a concerning lack of awareness about the Consumer Protection
Act of 2019, coupled with a negative perception regarding its effectiveness. Furthermore,
there appeared to be a notable reluctance among consumers to enforce their
rights due to perceived difficulties in the process.
To address these issues and enhance
consumer empowerment, this study recommends implementing multifaceted
strategies. Firstly, organizing awareness camps and providing increased legal
aid can empower ordinary citizens, enabling them to navigate and assert their
rights under the Consumer Protection Act 2019. Secondly, targeted awareness
campaigns should be initiated to overcome the perceived challenges in enforcing
consumer rights, fostering a proactive and informed approach among the public.
Moreover, the research suggests the
implementation of commercial advertisements to promote the utilization of the
Consumer Protection Act 2019. By highlighting its significance and benefits,
such campaigns can contribute to altering the prevailing negative perception
and building confidence in the efficacy of the statute.
Finally, the study proposes
conducting investigations to identify and rectify the root causes behind the
negative perception surrounding the Consumer Protection Act. By understanding
the underlying factors, policymakers can devise informed interventions to
bolster public trust in the legislation and its enforcement mechanisms.
In summary, this research underscores
the imperative for comprehensive and targeted interventions to enhance
awareness, perception, and enforcement of consumer rights under the Consumer
Protection Act of 2019 in Chennai. The suggested policies aim to bridge
existing gaps and create a more informed, empowered, and confident consumer
base in the dynamic and evolving marketplace.
REFERENCES:
Dr. Chatar
Singh Negi and Dr. Sanjay Kumar. 2020. “Consumer protection in India:
empowering consumer”, International Journal of Development Research, 10, (02),
33873-3387
Chawla, N.,
& Kumar, B. (2021, July 9). E-Commerce and Consumer Protection in India:
The Emerging Trend. Journal of Business Ethics, 180(2), 581–604. https://doi.org/10.1007/s10551-021-04884-3
Zhao, W.,
& Othman, M. N. (2010). The influence of knowledge of consumer protection
and perception of marketing factors on consumer complaint behavior: A study of
Malaysian consumers. OIDA International Journal of Sustainable Development,
1(9), 27-35.
Yasoda.
(2022). A STUDY ON CONSUMER AWARENESS AND PERCEPTIONS ON CONSUMER PROTECTION
LAWS WITH SPECIAL REFERENCE TO THE ERODE DISTRICT. Yuvista Multidisciplinary
Journal, 1(1), 64–74.
Dr. Upender
Singh (2022, October 15). Comparative Analysis of Consumer Protection Act 1986
& 2019. International Journal for Multidisciplinary Research, 4(5).
https://doi.org/10.36948/ijfmr.2022.v04i05.1679
Azad, M. A.
K. (2013). Development of Consumer Protection Law in Bangladesh: An Empirical
Study. Journal of Business, 34(1).
Kriese, M.,
Abor, J.Y. and Agbloyor, E. (2019), "Financial consumer protection and
economic growth", International Journal of Emerging Markets, Vol. 14 No.
5, pp. 1060-1080. https://doi.org/10.1108/IJOEM-05-2018-022
ALQAYSI, S.
J., & ZAHARI, A. R. (2022). The Effect of Deceptive Brand Image on Consumer
Purchase Intention: Empirical Evidence from Iraqi Market. The Journal of Asian
Finance, Economics and Business, 9(6), 207-217.
Brij Mohan
Dutta. (2023, April 11). People’s Perception for Consumer Protection Act in
India: A Quantitative Investigation. JOURNAL OF CRITICAL REVIEWS, 6(1).
https://doi.org/10.48047/jcr.06.01.33
Devi, P. U.
M., & Rao, B. S. (2016, November). Consumer Protection Awareness- Role of
Education. Universal Journal of Industrial and Business Management, 4(4),
97–103. https://doi.org/10.13189/ujibm.2016.040401
Nomani, M.,
Rahman, F., & Alhalboosi, A. K. (2019). Consumer Protection Act, 2019 and
its implications for the medical profession and health care services in India.
Journal of Indian Academy of Forensic Medicine, 41(4), 282.
https://doi.org/10.5958/0974-0848.2019.00084.8
Poorna, S.
J. (2020). a Critical Analysis of Consumer Protection Act 2019. Supremo Amicus,
15, 283.
Charles
Makanyeza, Tendai Douglas Svotwa & Olumide Jaiyeoba | Giuseppe Festa
(Reviewing editor) (2021) The effect of consumer rights awareness on attitude
and purchase intention in the hotel industry: Moderating role of demographic
characteristics, Cogent Business & Management, 8:1, DOI:
10.1080/23311975.2021.1898301
Mittal, I.,
& Gupta, R. K. (2013). Awareness as an Instrument to Utilize Consumer
Rights: A Consumer Protection. Sandesh-Mastnath Journal of Management (ISSN:
0975-6515), 8(1-4).
Mittal, I.
(2015). Consumer awareness about different consumer protection legislations in
India. Journal of Distance Education and Management Research (ISSN: 2278-9251),
3.
Sharma, N.
(2013). Awareness in Consumer about the Consumer Protection Act. & Consumer
Right in India. Globsyn Management Journal, 7(1/2), 82.
Natarajan,
C., & Marishkumar, P. (2017). An Investigation of Awareness of Women on
Consumer Rights in the Rural Context. International Journal of Advanced
Scientific Research & Development (IJASRD), 4(2), 21-26.
Nathani,
S., & Akman, P. (2017). The interplay between consumer protection and
competition law in India. Journal of Antitrust Enforcement, 5(2), 197-215.
Ballur, M.
S. (2020). Assessing the knowledge about the Consumer Protection Act and
medical negligence in a medical college setting. Journal of Indian Academy of
Forensic Medicine, 42(1), 54. https://doi.org/10.5958/0974-0848.2020.00021.4
Donoghue,
S., & De Klerk, H. M. (2009). The right to be heard and to be understood is
a conceptual framework for consumer protection in emerging economies.
International Journal of Consumer Studies, 33(4), 456-467.
[1]Author, 1st year, B.A.LLB., (Hons), Saveetha School of
Law, Saveetha Institute of Medical and Technical Sciences (SIMATS),
Chennai-600077, otsathyamoorthi@gmail.com
Article Information
AN EMPIRICAL STUDY OF THE PUBLIC OPINION ON THE PERCEPTION, AWARENESS, AND ENFORCEMENT OF THE CONSUMER PROTECTION ACT 2019
Authors: O.T. SATHYAMOORTHI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/25
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.