The *Consumer Protection Act, 2019* in India is a comprehensive law aimed at safeguarding consumer rights and

interests. Some of its key features are:

1. *Establishment of Consumer Protection Authorities*:
- The Act provides for the establishment of the *Central Consumer Protection Authority (CCPA)*, which can take
action against unfair trade practices, misleading advertisements, and violation of consumer rights.
2. *Consumer Dispute Redressal Commissions*:
- The Act creates a three-tier structure of consumer redressal forums:
- *District Consumer Disputes Redressal Commission*
- *State Consumer Disputes Redressal Commission*
- *National Consumer Disputes Redressal Commission*
- These commissions help resolve disputes and provide compensation to consumers.
3. *Consumer Rights*:
- The Act enshrines the *right to be protected against hazardous goods and services, **the right to be informed*
about the quality, quantity, and price of goods, *the right to choose* from a variety of goods and services, *the
right to be heard, and **the right to seek redressal* of grievances.
4. *E-commerce Regulation*:
- The Act introduces provisions to protect consumers in e-commerce, such as mandating sellers to display clear
information regarding goods and services, ensuring fair trade practices, and the right to return or refund products
bought online.
5. *Unfair Trade Practices and Misleading Advertisements*:
- The Act defines and penalizes *unfair trade practices* like deceptive advertising, false representation, and
fraudulent activities.
- There are specific penalties for *misleading advertisements* and the advertiser can be fined or imprisoned.
6. *Product Liability*:
- The Act holds manufacturers, service providers, and sellers accountable for any defect or deficiency in products
or services, and consumers can seek compensation for harm caused by defective goods.
7. *Consumer Mediation*:
- The Act encourages the use of *mediation* as an alternative dispute resolution (ADR) mechanism. It helps
consumers and businesses settle disputes without lengthy court procedures.
8. *Penalties and Compensation*:
- The Act provides provisions for *penalties* on businesses for non-compliance and allows consumers to claim
*compensation* for damages due to unfair trade practices, defective products, or deficient services.
9. *Jurisdiction and Appeal*:
- The Act allows consumers to file complaints in any jurisdiction where they reside or work. Consumers can
appeal against the decision of the district or state commissions to higher authorities.
10. *Simplified Consumer Grievance Redressal*:
- The process of filing complaints has been made simpler, and *consumer complaints can be filed online*,
facilitating easy access to justice.
In essence, the *Consumer Protection Act, 2019* is designed to protect consumers from exploitation, ensuring a
transparent, efficient, and accountable marketplace.
2
The *Consumer Protection Act, 1986* was a landmark legislation in India aimed at protecting the rights of
consumers and addressing their grievances. While the Act has been replaced by the *Consumer Protection Act,
2019, its features remain important in the history of consumer rights in India. Here are the salient features of the
**Consumer Protection Act, 1986*:
1. *Definition of Consumer*:
- The Act defined a *consumer* as any person who buys goods or services for personal use and not for resale or
commercial purposes.
2. *Consumer Protection Councils*:
- The Act established *Consumer Protection Councils* at the national, state, and district levels to promote and
protect the rights of consumers. These councils were advisory bodies to educate consumers about their rights and
promote consumer welfare.
3. *Consumer Rights*:
- The Act outlined specific consumer rights, including:
- The *right to safety* against hazardous goods and services.
- The *right to be informed* about the quality, quantity, and price of goods.
- The *right to choose* from a variety of goods and services.
- The *right to be heard* in case of grievances.
- The *right to seek redressal* for any grievances against unfair practices or defective goods and services.
4. *Consumer Disputes Redressal Agencies*:
- The Act established a three-tier system of *consumer disputes redressal agencies*:
- *District Consumer Disputes Redressal Forum (DCDRF)*
- *State Consumer Disputes Redressal Commission (SCDRC)*
- *National Consumer Disputes Redressal Commission (NCDRC)*
- These forums provided a mechanism for consumers to lodge complaints and seek remedies for grievances
related to defective goods, deficient services, or unfair trade practices.
5. *Grievance Redressal Process*:
- Consumers were empowered to file complaints with the respective consumer forums. The process was
designed to be *quick, affordable, and accessible*.
- The Act aimed at ensuring that disputes could be resolved in a relatively short period (within 3 to 5 months).
6. *Relief to Consumers*:
- Consumers could seek various forms of relief, including *replacement of goods, **repair of defects, **refund of
price, and **compensation* for any injury or loss caused by defective goods or services.
7. *Unfair Trade Practices*:
- The Act defined and prohibited *unfair trade practices*, including deceptive advertising, false claims,
misleading product descriptions, and fraud.
8. *Penalties for Defective Products and Services*:
- The Act held manufacturers, sellers, and service providers responsible for defects in goods or deficiencies in
services. Consumers could seek redressal for harm caused by defective products.
9. *Jurisdiction and Appeal*: The Act allowed consumers to file complaints in the forum of their choice, whether
at the district, state, or national level, based on the value of the complaint.
- Consumers could appeal the decisions of lower forums to higher forums.
10. *No Cost of Litigation*:
- The Act aimed to keep the process of filing complaints inexpensive, making it easier for ordinary consumers to
seek justice without financial barriers.
11. *Product Liability*:
- The Act indirectly encouraged *product liability*, where the manufacturer, seller, or service provider would be
liable for any damages caused by defects in the product or service.
### Limitations of the Act:
- The Act had limitations in addressing newer issues like e-commerce, misleading online advertisements, and more
complex consumer grievances, which led to the introduction of the *Consumer Protection Act, 2019*.
The *Consumer Protection Act, 1986* laid the foundation for consumer rights in India, creating awareness and a
system for addressing consumer grievances, even though the newer law has expanded and strengthened these
provisions.
3
In India, under the law of torts, several general defenses are available to a defendant to avoid liability. These
defenses can be broadly categorized as follows:
1. *Volenti non fit injuria (Consent or Assumption of Risk)*:
- This defense is used when the plaintiff voluntarily consented to the risk of harm or injury. If a person knowingly
and willingly exposes themselves to a situation that may cause harm, they cannot later claim compensation for
injuries resulting from it.
- Example: If someone willingly participates in a dangerous sport like boxing, they may not be able to sue if they
get injured during the game.
2. *Necessity*:
- A person may use this defense when an act is done to prevent greater harm. The defendant can claim that their
act was necessary to protect themselves or others from a more significant danger.
- Example: Breaking into someone’s house to save them from a fire would be justified under this defense.
3. *Self-Defense*:
- If a person uses force to defend themselves or their property from an immediate threat of harm, they may
claim self-defense. The force used must be reasonable and proportionate to the threat faced.
- Example: If someone is attacked, they can defend themselves using reasonable force to protect themselves
from harm.
4. *Private Defence (Defense of Property)*:
- Similar to self-defense, this defense involves protecting one’s property from imminent harm. The person can
use reasonable force to protect their property.
- Example: If someone is about to steal from your property, you may use reasonable force to stop them.
5. *Mistake*:
- A person can claim a defense based on a mistake, where the act was done under an honest and reasonable
mistake of fact or law. However, this defense is not always accepted in torts.
- Example: If someone mistakenly thinks they have the right to enter a property, they might not be liable for
trespassing if they genuinely believed they had permission.
6. *Statutory Authority*:
- This defense applies when the defendant’s actions are authorized by law or statutory provisions. If a defendant
is acting under a legal duty or authorized by a statute to perform an action, they may not be held liable for a tort.
- Example: A police officer acting under the authority of law to make an arrest.
7. *Act of God (Force Majeure)*:
- This defense is used when an event occurs due to natural forces beyond human control, like floods,
earthquakes, or storms. If the damage was caused by such an event, the defendant may not be liable.
- Example: Damage to property due to a natural disaster like an earthquake.
8. *Infancy (Minority)*:
- A minor (under the age of 18) is generally not liable for torts unless they commit an act that is considered an
exception, such as a deliberate act of malice or if they were acting in a way that could foreseeably cause harm.
- Example: A child causing harm while playing may not be held liable.
9. *Insanity*:
- If the defendant can prove that they were mentally incapable of understanding the nature of their act at the
time of committing the tort, they may be exempted from liability.
- Example: If someone with a mental illness commits an act, they may not be held liable for their actions if they
were unaware of the consequences.
10. *Parental/Guardian Liability*:
- In some cases, parents or guardians may be held liable for torts committed by their children if it is proven that
the guardian failed in their duty of supervision or control.
These defenses provide a way for the defendant to either avoid liability or mitigate the extent of the liability in a
tort case.