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STUDY ON AWARENESS OF COPRA, 2019
Samarpita Gulati
Stuti Surekha
Apoorv Shukla
Maheshwaran Jayapaul (Mentor)
May, 2021
1
ACKNOWLEDGEMENT
We, SAMARPITA GULATI, STUTI SUREKHA and APOORV SHUKLA, take this opportunity
to express our gratitude to the people who made it possible for us to complete this project.
We would like to express our deep gratitude to our Director, Dr. Dinesh Nilkant, Center for
Management Studies, Jain (Deemed-to -be-University) for giving us an opportunity to undertake
the Project Centric Learning. Project Centric Learning has helped us in enhancement of our interest
towards Research and made our thinking process, managerial skills and decision-making ability
better.
We are thankful to our mentor Mr. MAHESHWARAN JAYAPAUL for his guidance, enthusiasm
and encouragement in completing the Project and clearing our doubts at each step of this Project.
Even though the time span within which the project had to be conducted was short, he/she ensured
that the research was conducted in a meticulous and procedural manner.
We wish to thank our parents for their support and encouragement throughout the study.
Samarpita Gulati - 19BBAR0416 - Section ‘J’
Stuti Surekha - 19BBAR0485 - Section ‘J’
Apoorv Shukla - 19BBAR0649 - Section ‘J’
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ABOUT THE AUTHORS
Samarpita Gulati is a IInd-Year Corporate BBA student at Center For Management Studies, Jain
(Deemed-to-be) University.
Stuti Surekha is a IInd-Year Corporate BBA student at Center For Management Studies, Jain
(Deemed-to-be) University
Apoorv Shukla is a IInd-Year Corporate BBA student at Center For Management Studies, Jain
(Deemed-to-be) University
Maheshwaran Jayapaul (mentor) is a professor at Center For Management Studies, Jain
(Deemed-to-be) University.
3
ABSTRACT
To protect the right of consumers against unfair trade practices, the Consumer Protection Act
was passed in 1986 and it went through a few amendments before Consumer Protection Act,
2019. The following study focuses on whether the citizens of India are aware of the act and
whether they are using it to its full benefit. First-hand data is collected through a questionnaire,
whose respondents belonged to different parts of the country. Articles, journals and other
research papers were referred to for the purpose of secondary data collection. Through the
questionnaire, it was found that even though the majority of people were aware of COPRA,
2019, a significant number of people did not complain about a fraudulent trade practice that they
experienced. Then the reason for the same is analyzed further.
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KEYWORDS
● Consumer
● Redressal
● Consumer Courts
● Law
● Respondents
● Consumer Duties
● Consumer Rights
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TABLE OF CONTENTS
S.NO. PARTICULARS PAGE NO.
1. Introduction 6-11
1.1 History and Evolution of COPRA 6-8
1.2 Defining the purpose of study 8-10
1.3 Theoretical Model 10-11
1.4 About Law Sector in India 12-13
2. Review of Literature 14-21
3. ResearchMethodology 22-26
3.1 Type of Study 22
3.2 Location of Study 22-23
3.3 Population of selected location 23
3.4 Respondents 23
3.5 Sample Size 23-24
3.6 Objectives 24-26
3.7 Plan for Data Collection 26
4. Analysis and Interpretation 27-36
5. Findings and Conclusion 37-40
5.1 Findings 37-38
5.2 Suggestion 38-39
5.3 Implications of the Study 39
5.4 Limitation of study 39-40
5.5 Conclusion 40
6. Reference
7. Questionnaire
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CHAPTER - 1
INTRODUCTION
BACKGROUND AND HISTORY
To keep up with the present times, the consumer protection act must be updated with the current
Business practices like e-commerce buying and selling with lots of changes in the traditional
business model. The parliament of India passed the consumer protection act,2019. This will be
more effective as the Consumer protection act,1986 has become outdated as the market evolved
at a rapid pace, the 1986 act was unable to safeguard the interest of consumers. The act,
therefore, was passed to improve the interest of consumers, give them greater protection, and
make the process of filing complaints easy. This act also helps to regulate and monitor consumer
markets to welfare consumers to remove unfair trade practices that are happening in underground
markets.
EVOLUTION OF CONSUMER PROTECTION ACT
Consumer protection act has its deep roots from Indian rich soil, around 3200 B.C in ancient
India human values and ethical practices were of great pride and importance. The kings of India
felt great pride in the welfare of citizens, their social and economic life. They put many trade
restrictions in the interest of buyers. There were many punishments for sellers who take
advantage of the consumer’s. The king is the supreme authority to give justice to the consumers
under the rule of dharma. In the British period, modern systems were introduced in India and
many laws were enacted to protect the interest of consumers generally. The civil justice system
in current times discourages the consumer from seeking help or any legal action. The consumer
protection act,2019 gives easy justice. It has brought a legal revolution in India. Also, it is a very
cost-effective mechanism and gives support to the consumer. Indian consumer law will rule the
markets, a new phase on legal structure with strong ancient foundations.
I. Pre 1950
The consumer protection act was managed by English common law. The British legal structure
generated various classifications to deal with different aspects in present times.
1. Torts are civil wrongs, various tests were designed by the courts, soon it was adopted in
India. They were adopted in India. The consumer can file a suit on the grounds of fraud,
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misrepresentation, fraud, etc. The compensation was in terms of money or replacement of
the product or, sometimes consumers can get a master service concept where liability for
the manufacturer is there.
2. Contracts are a binding agreement that has been entered by two or more individuals. It
has its duties, reliefs available in case of a breach. Customers could approach the court
for justice if the seller did any fraud or unfair practices. The buyer can use a principal-
agent to take the manufacture to court. This also includes the liability rule.
3. Fiduciary obligations emerge in rare circumstances if it could be established if a trust-
based relationship is their shopkeeper and customer. It has to be proved that the buyer
was made to trust the seller and the trust have been violated.
II. 1950 to 1986
The Indian constitution came into action in 1950, the government made many legislations to
tackle the issue of consumer protection. The scope of these was limited to the subject matter of
each statute. Consumers must see the reliance on each statute. If he is unable to file the statutes,
he has to file a tort or under fiduciary law.
The legislation enacted during 1950 to 1986 are,
The Drugs Control Act, 1950
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
The Prevention of Food Adulteration Act, 1954
The Essential Commodities Act, 1956
The Trade and Merchandise Marks Act, 1958
The Monopolies and Restrictive Trade Practices Act, 1969
The Cigarettes (Regulation of Production, Distribution, and Supply) Act, 1975
The Prevention of Black Marketing and Maintenance of Supplies of Essential Act 1980
The Standards of Weights and Measures (Enforcement) Act, 1985[3]
The Bureau of Indian Standards Act, 1986
None of these were fully capable of overcoming unfair trade practices that exploited the
consumer. Even after the government had initiated various policies to help the interest of
consumers, they were unable to achieve these objectives.
After a series of meets the final draft was sent to Lok Sabha on 9th December 1986 by HKL
Bhagat. He was Minister of Parliamentary Affairs, civil supplies, and food. Many changes
happened in the old consumer protection act. This gives more power to consumers to sue unfair
traders.
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III. 1986 to 2019
Consumer protection bill 1986 was first discussed in Lok Sabha on 5th December 1986.
Parliament passed the consumer protection bill, 1986. Therefore (COPRA) came into action in
1986.
First of its kind when it came into action for consumer protection. This act brought different
products and services. It created an extra layer of protection for consumers better than existing
laws. It also created different courts for consumers. This gives quick and effective action for
consumers, within three months of getting noticed. This includes monetary and damage
compensation for customers.
The consumer protection Act 1986 had many changes in the years 1991,1993 and 2002. These
broadened the authority to consumer courts. For example, the 2002 amendment introduce the
court to sell the property of an individual if they disobey the court laws.
IV. 2019 and after
On 6th August 2019, the consumer protection bill was passed in the parliament. President
announced on 9th august 2019. Therefore, the Consumer Protection act of 2019 came into action.
This act introduced a more quick and effective way, creating a new act altogether, giving a high
level of security for consumers.
When drafting this act, the government considered the e-commerce industry and modern ways
for the commercial business of goods and services. Also introduced online marketing laws and
micro-level marketing the latest phenomenon.
INTERNATIONAL INFLUENCE
The consumer protection act, 1986 was inspired by the United Nations framework. The national
consumer council has 28 members and multiple officials. They held two meetings to discuss
consumer protection laws. They also organized a national workshop for it on March 11 and 12th
1985. The bill has inspirations from multiple countries. Like New Zealand, the United States of
America, the United Kingdom, and Australia.
PURPOSE OF THE STUDY
Consumerism in India is as old as trade and commerce.
The purpose of this study is to check if the citizens of the country know about their rights and
responsibilities as a consumer and are they using it wisely. Majority of the citizens do not know
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about the law, so they don’t take action but the ones who do they go to the very extent of getting
what is theirs. This study will help us find out about how many people follow the law and how
many are being exploited.
Consumers as a whole don't know the rights so they are being exploited and taken advantage of.
The sellers sell their products at a high price and expect things to go their way but as a country
we know that's not possible. In a country like India where people ask for discounts on their daily
purchases, they do not realise they are getting exploited. And that is the reason why the
Consumer Protection Act was established in 1986.
Even though the act is passed and not many people follow it they are still being exploited.
This act was passed in 1986 first and has made amendments since then to help the customers
even more. The latest amendment was made in 2019.
The Consumer Protection Act also known as COPRA was passed as a social law for the benefit
of consumers so that they are not misled by sellers in their purchases they made on a daily or
regular basis. Each state has a consumer court in which they can file a complaint against the
seller if there has been any unfortunate event that has taken place.
Since the population of India keeps growing at a tremendous rate it is natural that the supply of
goods and services also keep increasing, just like the law of supply.
Consumers in India tend to get exploited as there is a very high population that has a lack of
education, there is poverty in the country, illiteracy, ignorance to what's happening around them,
traditional Indian perception of silent suffering and their ignorance of legal remedies available,
these are just a few examples. We see that the consumers get to practice all these rights. They
can approach a consumer court if they have any problem in their product or service.
Do consumers know their rights? Are officials effectively delivering the government's message
to a remote village? The Narendra Modi government is seeking answers to this in order to
strengthen the implementation of ongoing programs and projects.
The research department at the Indian Institute of Mass Communication is full of hands as it
researches the impact of government programs on all Ministers and writes proposals based on
their findings to help link gaps.
While the 'Jaago Grahak' consumer service campaign has been circulating for almost a decade,
research results indicate ignorance among consumers about the grievance redressal process.
A team of researchers at the institute, after reviewing and evaluating the drinking water and
sanitation communication system, made important suggestions such as involving community
elders and local leaders of the panchayat to convey their message better.
"For the first time IIMC is being treated as a communications team in the country and the
government is making efforts to analyze the impact of its global communications campaigns.
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Scientific analysis helps to understand how to make the campaign work better," IIMC Director-
General KG Suresh told Mail Today.
The basic concept towards our study is to see if consumers know the various rights they have in
order to get the right product and service at the right time, place, without any damage, ect.
THEORETICAL MODEL
For conducting the study on awareness of Consumer Protection Act (COPRA), 2019, there are
two possible hypotheses:
HYPOTHESIS I
Consumers have no knowledge about the COPRA, 2019.
HYPOTHESIS II
Consumers have at least some knowledge about COPRA, 2019.
Our research would be based on the second hypothesis, i.e., consumers have at least some
knowledge of the Consumer Protection Act, 2019 and the results drawn would be directly
concerned with the extent of knowledge about different subsets of the act that the people have
and if they are applying this knowledge to get the satisfactory redressal that they deserve.
Figure: Awareness of consumers on different aspects of COPRA
CONSUM
ERS
COP
RA
AWAREN
ESS
Consu
mer
Rights
Consu
mer
Duties
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Through the above chart, it is depicted that we would theoretically be updated if the consumers
are aware of the following parts of the Consumer Protection Act, 2019 :
1. Consumer Rights
According to COPRA, 2019, following are the rights of the consumers:
● Right to Safety against the products or services which are hazardous to life
and property
● Right to be Informed about the quality, quantity, and price of goods,
products or services, so as to protect the consumer against unfair trade
practices;
● Right to Choose from a variety of goods, products or services at
competitive prices
● Right to be Heard by the law
● Right to Seek Redressal against unfair trade practice or restrictive trade
practices or unscrupulous exploitation of consumers
● Right to Consumer Awareness
2. Consumer Duties :
● Not to fall in the trap of false marketing
● To be updated on the latest Consumer Protection Act
● Read the labels of the products carefully
● Only make legal purchases
● Always ask for a receipt and retain the same
● Duly file a complaint in case a defective product/service is received
3. Redressal Agencies
According to COPRA, 2019, following are the three tiers of redressal agencies
that a consumer can approach in case of an unfair trade practice:
● District Commission - A consumer can approach the district commission
when the value of goods or services paid as consideration does not exceed
Rs. 1 crore
● State Commission - A consumer can approach the state commission when
the value of goods or services paid as consideration is more than Rs. 1
crore but does not exceed Rs. 10 crores
● National Commission - A consumer can approach the national
commission when the value of goods or services paid as consideration
exceeds Rs. 10 crores
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ABOUT THE LAW SECTOR IN INDIA
Legal practice in India is one of the highest paid and most lucrative sectors, with an estimated six
million lawyers working in the field. Key players in the field include individual lawyers and law
firms, especially in families. It is worth noting here that the attorney's right to practice law is not
a fundamental right but a legal right; as governed by the provisions of the Advocates Act, 1961
(hereinafter referred to as the ‘Act’) and the Bar Council Barriers Act, 1975 (hereinafter referred
to as the ‘Rules).
Anyone can request for a act to be passed but for that they need to file a request and those
requests are written down and sent to the lok sabha or rajya sabha as a bill, if bill is approved by
all the members of the house after discussion they pass it onto the higher court from where it is
given to the president who makes the bill legal and calls it the law.
In the earlier days when there was no act such as Consumer Protection Act, the code of civil
procedure of 1908, the Indian contract act of 1872, the sale of goods act of 1930, Indian penal
code of 1860, standards of weight and measures act of 1976, ect were established to help the
consumers from being exploited. To provide better protection for consumer interests The
Consumer Protection Bill, 1986 was introduced in Lok Sabha on December 5, 1986.
The Consumer Protection Act(COPRA), 1986 was passed by the Indian parliament and came
into effect in December 1986. The Act was passed to protect consumer interests and to establish
state-owned enterprises to deal with consumer problems and any consequences. . Consumer
courts were established as Consumer Dispute Resolution Agencies and deal with consumer
disputes, disputes and complaints. It is a forum where the consumer can file a lawsuit against the
seller where the consumer feels he or she has been deceived or exploited by the seller. The point
of having a separate forum for consumer disputes is to ensure that such disputes are resolved
expeditiously and to make it less expensive.
The authorities that are established under the 2019 act are: The district commission whose
jurisdiction on disputes should be upto one crore rupees, the state commission whose origin
jurisdiction on disputes should be between one to ten crore rupees and that is if it apples from the
district commission, national commission whose jurisdiction on disputes is above ten crore
rupees and apples from the state commission, the central consumer protection authority and
central consumer protection council are also present in case of any disputes that may take place.
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Consumer protection, was found not only in one law but also in the amendment and re-enactment
of many laws such as the Sale of Goods Act, 1930, Essential Commodities Act, 1955 and the
Competition Act, 2002 which are just a few of the many laws that promoted the concept of '
Consumerism '.
Under the Consumer Protection Act(COPRA), 1986 , Consumer Councils were established at
Institutional, Government and District levels with the power of appeal and officials. More than 1
crore cases fall under the jurisdiction of the institution and cases between 20 Lakhs to 1 Crore
are heard in the State council and anything below that is at the District level.
Currently, the Constitution of India has 448 articles in 25 sections and 12 schedules. There are
104 amendments made to the Indian constitution as of 25 January 2020. The first amendment to
the Indian Constitution was made in 1950.
There are 104 amendments (enacted on 25 January 2020 to extend the reservation of SC and ST
seats in Lok Sabha and provinces) enacted in the Indian constitution to date.
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CHAPTER - 2
REVIEW OF LITERATURE
1. Overview of the 2019 Act is a change in the Consumer Protection Act. An article written
by Legal Solutions Worldwide. The 1986 law never allowed a consumer to go to the
Consumer Forum, if he or she had another solution or solution to the problem / shortage
under the law. It is unfortunate that the buyer can only go to the Forum, if it is lost or lost
due to any improper trade or inefficiency. it is dangerous but has failed to put credit on
the supplier of these goods. Nor did it increase the safety requirements and permitted
levels of hazardous substances in the property.
2. Indian Consumer Protection Act, 2019. The article, written by Yashika Sarvaria, is about
the key takeaway measures of the Consumer Protection Act. She said the 1986 Consumer
Protection Act did not work as well as the new single amendment made in 2019, which is
more effective and reliable in terms of e-commerce, direct marketing,
telecommunications and many other ways to do digitalization. She defined the Consumer
Protection Act in terms of section 2 (47) of the 2019 Act. Refrain from withdrawing,
returning or losing defective goods and services and refunds what is contemplated within
the period specified in the bill or within 30 days without such provision in the bill. The
repealed 1986 law does not include misleading online advertisements in the definition of
illegal trading acts added to the 2019 Act.
3. Prateek S Shrivastava and Saurabh R Shrivastava (2014) How COPRA can be used
in the medical industry: Science and biotechnology have made great strides in the last
few decades, contributing to the improvement of human health, and the further increase
in human rights. To protect consumer interests, States around the world have established
consumer protection organizations. Even in India, the Consumer Protection Act
(COPRA) was passed by Parliament in 1986 as a social law for the benefit of consumers.
Health care services, whenever purchased by recipients are also expected to provide
customer satisfaction.
4. Article written by Smita Paliwal and Gaurav Singh Gaur (2020). Consumer Protection
Act 2019, including the healthcare industry. The Consumer Protection Act, 2019 (CPA),
which came into effect on July 24, 2020, is expected to go a long way in meeting the
needs of consumers as a whole. In the current era, as the COVID-19 epidemic is raging
across the country, disputes are likely to arise due to the vain services provided in certain
sections of the health sector. The new Consumer Protection Act (CPA) came into effect
in place of the old law, which was more than 30 years old.
5. Weheb Hussaini and Snigdha Singh (2020) Transparency and choice for consumers.
Transformational change in the Indian economy has profoundly changed the way many
Indians buy, buy, travel and explore. The combined effect of the internet, market
competition and fast innovations have greatly expanded the range of options and
information available to consumers. As a result, consumer culture has long been
disrupted to create the need for a new grievance redressal system in the new market. As a
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result of this new and vibrant market, the Indian Parliament on 6 August 2019 passed the
Consumer Protection Bill, 2019.
6. K. Srinivasan (1999) noted that the analysis of data from consumer courts in different
provinces shows that there is a direct relationship between literacy and consumer
awareness. The question that needs to be considered is what can the Government do to
improve this position? It is often said that "Customer is independent and the consumer is
King." If so, why do we have a consumer protection law? Why is there a need to protect
the King? Shouldn’t it be aptly named the “Consumer Sovereignty Act”? It is up to the
consumers to decide. After all the power of democracy, citizens get the right government.
Likewise consumers in the community gain a position in the market depending on what
they do or do not do. It is widely acknowledged that “consumer development” in India is
still a long way off.
7. Verma D. P. S. (2002) examines major developments in the field of consumer protection
in India since 1984, when official regulations were introduced to regulate illegal trading
practices for the first time. The Consumer Protection Act, 1986, was enacted to provide a
quick and cheap solution to consumer complaints. Corrections can now be sought from
any consumer court for negligence or lack of medical services. The Bureau of Indian
Standards Act, 1986, sets out measures to stop and control the quality of manufactured
goods. The Consumer Welfare Fund has been established to provide financial assistance
to voluntary consumer organizations and to improve consumer movement around the
world. The explosion of voluntary consumer organizations in various parts of the country
can be seen. Other activities include the establishment of a separate Consumer Affairs
Department in the Coalition Government and the establishment of a Consumer Product
Testing Lab.
8. Patidar Suresh (2008) concluded that consumer awareness is important in protecting
consumer interests. Research has tried to uncover the fact that the consumer problem is
focused on consumer awareness. Consumer awareness can be raised through the sincere
efforts of the government and somehow by the public. While much has been done by the
government to improve the level of awareness among urban and rural consumers, there is
still room for improvement.
9. Patil Ashok (2011) concluded that it is a well-known fact that without public
participation, the government, as one body, would not have protected consumers from
defective products. There are many rules for customer care and their prices are constantly
rising. However it leaves much to be said that their performance should be based on
consumer awareness and the integrity of the authorities in their performance.
10. Chandra A.K. (2011) noted that the Consumer Protection Act, 1986, is one of the social
and economic laws, used to protect consumer interests in India. Unlike existing laws,
penalties or penalties in nature, the provisions of this Act pay naturally. The Act is
designed to provide a simple, quick and cost-effective solution to consumer complaints,
as well as certain forms of relief and compensation where applicable to the consumer.
Consumer purchases are emerging rapidly as environmental forces affecting big business
decisions as consumers become more aware of their rights. Or provide comprehensive
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legal measures in India to curb illegal business practices, protect consumer interests, and
promote consumer exploitation; companies still have to do more. Chandra analyzed
consumer awareness and perception of consumer rights and the Consumer Protection Act
using a sample from the Raipur region on their purchasing behavior and their action in
the event they are dissatisfied with creating consumer goods.
11. Venugopal P. et al. (2012) concluded that educational institutions do their best to
promote consumer spending or we cannot even say that educational institutions are
designed for financial gain and do nothing to promote consumer spending. It is clear that
IITs, IIMs, IIPAs, IIFTs, VITs, IGNOUs support and play a key role in promoting
consumer use and creating awareness among the people (rural and urban). But these are
not the only educational corpses on Earth. When 10 universities or schools are ready to
make such a difference and are able to do so many campaigns, what if all the schools,
colleges and university organizations start working? The change will be final. This could
be a free-consuming world.
12. Seema Sundd, Rituraj Srivastav, Prabhat Ranjan (2021) After 1986, the style and scope
of the business grew in unimaginable ways over the past three decades. The new year
market has completely changed with the advent of the internet and technology. It has put
consumers at risk of new threats of exploitation, increasing the need for a new consumer
law. The 1986 law will never expect consumer courts to adjudicate e-commerce
transactions. High-quality marketing, Direct Selling and E-Retailing are some of the
things under the new law. With the expansion of e-commerce trading authority and the
inclusion of "e-commerce" disclosure, the rules applicable to direct sales have been
applied to e-commerce sales under the new Act. Consumer Protection Laws, E-commerce
Laws, 2020, also specify the rights and liabilities involved in e-commerce. Access to the
Act is extended not only to goods and services but also to digital products purchased or
sold through a digital network. Most importantly the protection offered to Indian
consumers comes not only from the Indian E-commerce organization, but also from a
foreign business that provides services to Indian consumers.
13. Ramesh Bhat (1996) The recent decision to introduce confidential treatment under the
Consumer Protection Act (COPRA) 1986 is considered an important step in regulating
the private medical sector. The study examined the views of independent providers on the
law. They believe that COPRA will be effective in reducing misconduct and misconduct,
but it has serious side effects such as increased medical bills, increased medication and
diagnostics, a negative impact on emergency care, and so on. Medical organizations have
also said the introduction of COPRA is a step towards expensive, intimidating and
unnecessary courts.
14. KMC Manipal (2013) With the inclusion of health care services under the Consumer
Protection Act, outbreaks of cases arising from violations of medical / dental law are
evident. Therefore, it is important for health professionals today to be aware of these
rules. Assess and compare awareness of the Consumer Protection Act between dentists,
dentists in educational institutions and private dentists. The questionnaire was conducted
on 224 Manipal and Mangalore dentists and 112 private dentists from Udupi and
Mangalore, Karnataka, India. Results. A total of 69.6% of the DTI and 76.8% of the DPP
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were reported to be aware of the Consumer Protection Act but subsequent analysis of
responses did not reveal the same. Awareness of the rules and regulations of the
Consumer Protection Act was found at the bottom of both dental groups. No differences
were found in gender-based awareness, qualifications and performance. There is a need
to make health professionals aware of these rules so that their growing concerns and
performance are in line with the well-being of patients.
15. Samarjit Pattnaik and Rahul Tyagi (2020) An important change regarding social authority
is that for administrative purposes, only the amount of goods and services will be
considered and not the amount of damages demanded, so the consumer can no longer
authorize the forum he or she prefers. by seeking excessive injury as a result of mental
trauma etc. introduces arrangements for the supply of the manufacturer or seller, the
obligation to provide compensation for any kind of damage to the final buyer as a result
of improper purchase sold to him, regardless of the fact that there was a contract between
the buyer concerned and the manufacturer. Including health and safety information,
secure payment methods, product shelf life, price reductions, showing all cases included.
Under the new regime, e-commerce companies must unconditionally accept returns of
defective or defective goods, including counterfeit and counterfeit products, and provide
refunds within fourteen days. Given the purpose of this action, its peak time when
lawmakers and architects realize that what is lacking in the justice system is not legal
software / court procedures, but basic hardware infrastructure to carry a heavy case.
16. Advait Palepu (2021) According to him. Supreme Court issues notice on new provisions
in Consumer Protection Act. The question of digital financial transactions was raised by
three MPs (MPs) from the Shiv Sena party: Rahul Shewale, Hemant Patil, and
Omprakash Rajenimbalkar. Online or digital payments are increasing especially after the
outbreak of the COVID-19 epidemic in the country. According to a bank fraud report,
online bankruptcy is considered to be entirely based on social engineering strategies such
as Vishing and Phishing ”—Anurag Thakur, Finance Minister. Thakur lists various
regulatory measures taken by the RBI such as the credit bureau for unauthorized
transactions or fraud, the Ombudsman Scheme for Digital Transactions, bank
cybersecurity regulations, cards, ATMs, the latest Digital Payments Security Controls
framework, and various other authorized measures. banks and other organizations. Anil
Desai, a Shiv Sena member of parliament, raised questions within Rajya Sabha, March
23, 2021, as to whether online banking fraud was on the rise and what steps the
government is taking to combat cybercrime.
17. Karishma Jain (2021) World Consumer Rights Day is celebrated annually on March 15.
This day is dedicated to raising awareness of consumer rights and needs so that
consumers can fight social injustice. After the establishment of the Grahak Panchayat in
Pune in 1974, consumer welfare centers were established in many provinces and the
organization continued to grow. Last year, on July 20, an amendment to the law was
made to make customers more efficient and effective.
18. Zia haq (2021) As shopping goes online, e-commerce disputes rise to unprecedented
levels. E-commerce disputes raised by consumers over the national consumer assistance
19
number have raised concerns about offline purchases, details from the customer service
directory. Retail trading in India, run by informal and small retailers, has undergone
changes as the epidemic accelerates online shopping, from food to fashion and
electronics sales. According to data from the consumer affairs department, during the
period April 2020-February 21, consumers entered into 1,88,262 disputes or claims
related to e-commerce transactions. At 22%, this share was the highest in five categories
including banks, telecom, electronic products and consumer firmness. The e-commerce
segment was a component that could not be legally regulated or self-regulated until the
government drafted its own consumer protection law.
19. An article written by Himachalam Dasaraju Hans News Service on 14 March 2021. The
world consumer protection act that happens on 15 of March aims that all the buyers and
consumers all across the world need to look upon the climate changes, India widespread
illiteracy, poverty, ignorance of consumer rights, lack of sufficient information about
products and services, the lethargic attitude of the consumers, and lack of organized
efforts to see the market evils are some of the major factors.
The 'CP Act 2019' has gone one breakthrough in paving the way for identifying,
recognizing, and incorporating various rights for consumer protection, which were
necessary for a view of the changing circumstances of the business environment.
20. An article written by PRAGATI Journal of Indian Economy in June 2019 , Effectiveness
of Consumer Forums in India , united states consumer protection and secretary general
passed a resolution to influence the member countries especially the developing ones to
adopt policies and laws for better protection of the interests of the consumers. The Act
gives statutory recognition to 6 consumer rights, which are the right to safety, right to
information, right to settle on, right to be heard, right to hunt redressal, and right to
consumer education.
21. An article written by Aditya Mehta and Tanya Singh on March 2, 2021 , One-Sided
Contractual Terms Constitute Unfair Trade Practice under Consumer Law in India, a
consumer complaint before the National Consumer Disputes Redressal Commission. He
was seeking a refund of sale consideration along with an interest of 20% per annum, on
account of inordinate delay in completion of construction and obtaining occupation
certificate on part of Developer. The Court has held that the same would constitute an
unfair trade practice under the consumer laws in India.
22. An article written by Aditya Mehta on 09 September 2019, https://www.mondaq.com
Consumer Protection Act, 2019 – Key Highlights For Product Manufacturers. This act
introduced producers of goods to pay liability for defective goods or when the
manufacture has not given proper warning/instructions , manufacturer had deployed
reasonable means to offer warnings or instructions regarding such condition; the product
was used under the influence of alcohol or a prescription without such prescription; and
the dangers with reference to a product are obvious or commonly known or consumers
need to have known, in sight of the characteristics of the merchandise.
23. An article written by Jaydeep Bhambhani and Pranav Shangari on 19 October 2020
India: The Consumer Protection (E-Commerce) Rules, 2020 It can be said that Rules aim
20
to bring transparency and accountability in the provision of information and disclosure by
e-commerce platforms to consumers. Rules also seek to put a check and provide for
disclosure on the practice of preferential treatment being accorded to some sellers
reducing the possibility of unfair trade practices by large sellers. Given that non-
compliance with the Rules would have penal provisions as set out in the Act, it could be
an excessive deterrent for small businesses. Further, these Rules neither deal with
consumer data protection nor storage of confidential information especially for e-
commerce entities operating as payment aggregators.
24. An article written by Utkarsh Anand, Hindustan Times PUBLISHED On MAR 17, 2021|
https://www.hindustantimes.com Old consumer cases won’t be transferred according to
this old cases won’t be transferred to new law if the case is registered before old
consumer complaints pending before them in terms of the monetary jurisdiction fixed
under the 1986 Consumer Protection Act, that only such cases filed on or after July 20,
2020—when the new consumer protection law (2019 Act) was notified—should be
addressed as per the new law while the old cases are going to be decided in accordance
with the 1986 Act. The top court directed that no such transfer shall happen and therefore
the old cases shall be decided by the buyer court in accordance with the jurisdiction fixed
by the old law.
25. According to this article.(2021) While earlier the pecuniary jurisdiction was selected the
idea of the worth of products or services in question and therefore the compensation
being sought, it's to be determined only on the idea of the worth of the products or
services paid as consideration. The State Commission adjudicates over cases whose value
is above Rs1 crore, but below Rs10 crore. The National Commission will choose
complaints above Rs10 crore. Consumers have an option of filing their complaints before
the important Estate regulatory agency (RERA), meant exclusively for handling
complaints concerning land. The complaint is essentially about the builder legally
delivering the apartments with all relevant documents and compensating the allottees for
the delay in granting possession, I might suggest that you simply approach Haryana
RERA or HRERA, Panchkula.
26. E-commerce disputes raised by consumers over the national consumer assistance number
have raised concerns about offline purchases, details from the customer service directory.
Retail trading in India, run by informal and small retailers, has undergone changes as the
epidemic accelerates online shopping, from food to fashion and electronics sales.
According to data from the consumer affairs department, during the period April 2020-
February 21, consumers entered into 1,88,262 disputes or claims related to e-commerce
transactions. At 22%, this share was the highest in five categories including banks,
telecom, electronic products and consumer firmness. The e-commerce segment was a
component that could not be legally regulated or self-regulated until the government
drafted its own consumer protection law.
27. Aprajita Rana and Aman Gera (2019) Consumer Protection Act, 2019 (the "Act") has
been passed by Parliament. The law, among other things, provides for the protection of
consumer interests, the establishment of a central consumer protection authority, a
mechanism for resolving consumer disputes and directly regulating product liability and
21
misleading advertising. The law has received the President's approval. However, the
Central Government will still notify the date on which the Act will take effect. Once
notified, this Act will apply and regulate matters contemplated by it and will replace the
existing Consumer Protection Act, 1986.Who is the manufacturer of the product. The law
prescribes a product manufacturer as a business that manufactures goods (or parts of it) or
incorporates parts made by another person, or brands them into third-party goods, or
designs / manufactures / manufactures / builds / rebuilds - produces any product before
sale, etc.
28. Smita Paliwal and Rajeev Rambhatla (2020)The first consumer protection law The
Consumer Protection Act, 1986 ('old act') was introduced for the purpose of protecting
consumer rights. However, with the advent of technology and the introduction of e-
commerce and various other ways of doing business, existing legislative reforms proved
necessary and prudent to better protect today's consumers. Over the past 20 years,
consumer space in India has seen a trend that begins with the opening up of the economy
in the early 1990s to the arrival of online markets and e-commerce. The Act is an
acceptable measure as it appears to affect the interests of the old Act and was introduced
during a critical phase where consumers and their rights must be protected as global
markets become more and more consumer-centered. The Act gives more power to the
Regional Commission, the State Commission while also reviewing their education
authorities thereby reducing the burden of the National Commission.
29. Vijaya Singh (2020) The Consumer Protection Act, 1986, replaced the Consumer
Protection Act, 2019, wf 20.07.2020. The Government has expanded the scope of the Act
and provided comprehensive and comprehensive definitions of consumer, consumer
rights (including consumer awareness), commercial, approvals, product debt, incorrect
contract, misleading advertisement, including 'telecom' in the definition of "service",
provided by Central Consumer The Protection Authority has the power to search and
capture and issue guidelines and penalties for false or misleading advertisements. The
new Consumer Act also sets a time limit of 3 months to complete the entire case from the
date the notice was received by the opposition party. 19 However, it is unreasonable to
conclude a case within 3 months and especially when the patent has increased. According
to Juxtapositionally, in the first phase, the Regional Commission and the State
Commission will be held accountable and mass transactions will take place from the
National Commission to the State Commission and from the State Commission to the
Regional Commission which will also delay proceedings as benchmarks and
infrastructure are determined.
30. Curare Legal (2021) Cases of class actions take into account the similarities of facts and
the benefits required in proceedings where all class members have the same complaint
and some members of the said group begin the process before the courts in terms of their
ability to represent other class members. It would not be fair to say that the proceedings
of the section may also be maintained in the case of the Civil Interest Court / civil action
cases under Articles 32 and 226 of enforcement of the fundamental rights enshrined in
the Indian Constitution before the Supreme Court and the Supreme Court of India,
however. -PIL and standard continuous classroom actions which means no locus stand in
PIL. The Supreme Court quotes in favor of a law enacted by the full bench of the
22
NCDRC in Ambrish Kumar Shukla (supra) stating that the most important test of a
consumer forum while appealing a class appeal to look at an equity interest test is exactly
the same in the same complaint to the same person; if the test is satisfied with the class
appeal, the matter must be properly adjudicated and continue to renew the class
complaint and return to fair hearing.
23
CHAPTER - 3
RESEARCH METHODOLOGY
Type of study
Our research is based on a General Research which allows us to explore our research more and
not restrict it to one type, along with general research we've made our research very descriptive
in nature. So that it helps the person reading it much more easily.
By taking general research we did not limit ourselves to any kind of information as consumer
protection act is a really big topic and people are not aware of their rights and the law as much as
they should know.
By conducting a descriptive research we help the citizens of India seek redressal and not be
exploited in any way. For instance, we can even go to a consumer court if our bag of flour is torn
or has insects in them. By doing this we as consumers can get what we can seek redressal.
The research process involves identifying, finding, evaluating, and analysing the information you
need to support your research question, and then developing and expressing your ideas. These
are the same skills you need every time you write a report, suggestion, or compile a presentation.
Descriptive research is a research method that describes the characteristics of a demographic or
object being studied. This approach focuses more on the “what” of the research topic than on the
“why” of the research topic.
The descriptive research method focuses mainly on defining the nature of a class of people,
without focusing on the “why” of something happening. In other words, it "explains" the topic of
research, without covering why "it" happens.
Location
The location that we have chosen is India as a whole, that is, the north, south, east and west.
India is a very diverse country and there are a lot of people who have settled in from different
places all over the world.
24
India lies on the Indian Plate, in the northern part of the Indo-Australian Plate, on the continents
that make up the Indian subcontinent. The land is north of the equator between 8 ° 4 'north to 37
° 6' latitude latitude and 68 ° 7 'east to 97 ° 25' east distance.
India being so big in location is divided into 4 areas, namely, north south east and west.
Population
India being so big in its location is likely to have a large population. The current population of
India is 136.64 crores. The population of India 2020 is estimated at 1,380,004,385 people by
mid-year according to UN data. India's population accounts for 17.7% of the world's population.
India ranks 2nd in the list of countries (and dependents) on people. The population of India is
464 per Km2 (1,202 people per mi2).
It is very likely that the population of the country will still increase. The population of the
country keeps increasing and the more people will know about the Consumer Protection Act as
and when the people are educated about their rights.
Respondents
Our respondents are based on a questionnaire we had prepared. Most of them would be family,
friends and colleagues. Our target was to reach about 200 people so that we can have research
which is not restricted to only one region. We have responses from different regions of India that
are north, south, east and west.
By gathering so many responses we get to know how many people know about the act and how
many do not. With the help of our respondents we can understand that most of the people do
know about the act and a very few of them have seeked redressal for the same, whereas most of
them do not seek redressal as they are late to do so or the product was in perfect condition so
they did not file a complaint.
COPRA being such a common law is not known by 10-20 percent of in Indian population.
Sample Size
Since our goal is to reach the whole country in a short span of time, our target for sample size is
about 100.
By this we can determine how many people really know about their rights and how many did
not. By this we can help the people who did not know about it and educate them about their
25
rights so that the next time they are not exploited in any way and they can seek redressal for the
same.
Plan for Analysis
We conducted the analysis through google forms. Through google forms we asked the people to
answer a set of questions which were mainly Multiple Choice Questions (MCQs). As we wanted
a lot of responses we sent the link to a group of people individually and posted it on our social
media so that we can get a lot of responses. Social media being a huge platform helped us get a
lot of responses.
We interpreted our statistical data via pie charts and tabular forms, which makes it easier for
analysis. By conducting MCQ we get to know what they practice and how concerned they are
about their products reaching them in a more systematic form and to see how educated people
are to get what is theirs and what is really theirs.
Objectives
The objective of this study is to check if the citizens of the country know about their rights and
responsibilities as a consumer and are they using it wisely. Majority of the citizens do not know
about the law, so they don’t take action but the ones who do they go to the very extent of getting
what is theirs. This study will help us find out about how many people follow the law and how
many are being exploited.
The main objectives of the Act is to provide better and more comprehensive protection to
consumers as well as effective protection against various forms of exploitation such as faulty
goods, troubled services and unfair trading practices. It also provides simple, fast and
inexpensive equipment to redress consumer complaints.
Even when we order products from online websites like Amazon we tend to get a wrong product
or the seal of the package is broken or anything else, some of us do not file a complaint with
Amazon thinking the product we ordered is right and there’s no problem with it. But it is very
important for us to return these products and file a complaint as we do not know what could have
been done to them and with the help of Consumer Protection Act we can get the right products.
It will help provide better protection for consumers, a fast redressal to the consumers grievances,
help create a framework for seeking redressal, it will provide rights to consumers that are
forgone and safeguard the rights of the customers.
26
1.This will help with better protection of consumer interests and, more specifically, to provide
for the establishment of consumer councils and other authorities to resolve consumer disputes
and related matters.
2. It seeks to promote and protect consumer rights such as:
(a) the right to be protected from the marketing of dangerous goods and health products;
(b) the right to be informed of the quality, quantity, strength, purity, quality and price of the
goods to protect the consumer from improper commercial practices;
(c) the right to be guaranteed, where possible, to access affordable property authorities;
(d) the right to a hearing and assurance that the interests of consumers will be taken into account
in appropriate courts;
(e) the right to seek redress for unfair trade practices or unfair consumer exploitation; and
(f) the right to consumer education.
3. These items are required to be developed and protected by the Consumer Protection Council in
order to establish them at Central State level.
4. To provide a quick and easy solution to consumer disputes, judicial equipment is required to
be set at regional, State and Central levels. These sub-jurisdictions will consider the principles of
environmental justice and be empowered to provide assistance in a particular way and to
provide, where appropriate, compensation to consumers. Penalties for non-compliance with
orders issued by judicial structures are also provided.
5. The Bill seeks to achieve all the objectives in a more timely manner.
It is a consumer's responsibility to know the following:
• Obligation to know - Consumers must be aware of the safety and quality of
products and services before purchase.
• Responsibility for independent thinking - Consumers should be well concerned
about what they want and need and therefore make independent decisions.
• Obligation to speak openly- Consumers should not be afraid to talk about their
problems and tell traders what they really want.
27
• Complaint liability - It is the consumer's responsibility to express and lodge a
complaint against their dissatisfaction with goods or services in a complaint and hournable
manner.
• Responsible consumer obligation - The consumer must act responsibly and not
engage in any fraudulent activity.
Plan for Data Collection
Our plan is to collect the data through a questionnaire.
Google Forms survey management software installed as part of the free Google Docs Editors site
provided by Google. This service also includes Google Docs, Google Spreadsheets, Google
Slides, Google Drawings, Google Sites and Google Keep. Google Forms is only available as a
web application.
Google forms really have helped us reach out to many people and get us our answers.
The current study is quality and testing. In research, the literature available on consumer
protection and welfare, in the context of India has been examined and on the basis of the
provisions of the Consumer Protection Act of 1986 and its implementation, opinion, is being
developed.
By coming to a conclusion, the literature available on the subject, the various judgments of cases
and the provision of a well-studied action. The researcher also contacted clients, government
officials, correctional judges, and academics and obtained their views on the matter.
28
CHAPTER - 4
ANALYSIS AND INTERPRETATION
A survey was conducted by us through Google Forms to know how much of the general public
is aware about the Consumer Protection Act (COPRA), 2019. The questions were either
situation-based or tested the theoretical knowledge of the people about the act, and mainly
consisted of multiple choice questions. It was spread across different parts of the country and to
people belonging to different age groups. For most of the parts, our interpretation would be age-
based.
More than 100 responses were received. Out of those, 48.1 percent of people belonged to North
India, 31.1 percent belonged to South India, 18.9 percent to East and 1.9 percent to West.
Out of the total respondents, 71.7 percent of people belonged to the age group 13-20 years, 23.6
percent to the age group of 21-28 years, 1.9 percent to the age group of 37-44 and the rest (2.8
percent) were the people who were of the age of 45 years and above.
29
Although COPRA seems famous enough, about 19.8 percent people did not have any idea about
it and 80.2 percent were aware of the act. Out of the 21 people who did not know about the act,
16 people belonged to the age group of 13-20. So around 20 percent of the teenagers had no idea
about the Consumer Protection Act, 2019.
Age Group Number of respondents Unaware of COPRA Aware of COPRA
13 - 20 76 16 60
21 - 28 25 4 21
37 - 44 2 0 2
45 and above 3 1 2
TOTAL 106 21 85
30
To further empower the Consumer Protection Act (2019), the Central Consumer Protection
Authority (CCPA) was set up by the Central government. Apart from regulating the matters
related to unfair trade practices and violations of consumer rights, it also looks at the matters
related to misleading advertisements. The authority can impose upto Rs. 10 lakh of penalty on a
manufacturer or an endorser in the case of a misleading or false advertisement. When it was
asked to the respondents if they knew that “false advertising” is an offence according to the
Consumer Protection Act, 2019, 91.8 percent people had the knowledge whereas 9.2 percent
people did not.
For filing a case against a violation of consumer rights, a person should have a bill/receipts as the
proof of purchase and cannot proceed to the consumer court with it. Many companies even offer
a special discount/free product if a customer does not get the bill because of some issue. The
respondents were asked if they always asked for a bill/receipt after the purchase of goods and/or
services. About 83.5 percent of people used to ask for the bill/receipt, whereas the rest 16.5
percent of people did not.
31
The next concern was the retainment of the bill/receipt. Even if a person asks for a bill/receipts,
the person would still need to keep it safe as they may not be able to avail the benefit of their
case proven genuine without a proof of trade. After questioning the people, it was found that
only about 58.8 percent of the people retained their bills/receipts for some time and the other
41.2 percent were not concerned for keeping them.
Age
Group
Asks for a
bill/receipt
Does not ask for a
bill/receipt
Retains the
bill/receipt
Does not retain the
bill/receipt
32
13 - 20 51 9 35 25
21 - 28 16 5 13 8
37 - 44 2 0 0 2
45 and
above 2 0 2 0
TOTAL 71 14 50 35
From the responses, it was surprising to discover that 12.9 percent of people were not known
about the three tiers of consumer redressal forums and 24.7 percent of the people did not know
that they could seek redressal for little things too.
33
The survey revealed that there were only 7.1 percent of people who claimed to have never
received a defective product/service whereas 23.5 people were not sure if they did. The rest 69.4
percent of people had received a defective product or service some time in their life. This figure,
alone, is enough to realise the need of a law for the protection of the consumer rights and help
them in such situations.
Analysing the further responses, it was found that only 55.3 percent of people complained for the
defective product/service that they received.
When asked for the reason for not complaining about the same, following were the reasons listed
out by people:
● 27.5 percent of people thought that the product/service was cheap so they should not care
about the defect
● 37.7 percent of people were reluctant to “waste” their time for that
● 11.6 percent of people thought that they were too late to complain for the same
● 8.7 percent of people were not aware of the available redressals
● 37.7 percent of people believed that the product/service did not harm them in any way so
they could ignore it
34
● 14.5 percent people were reluctant to file a complaint because when they did the same
some time in the past, they did not get a satisfactory solution
● 2.9 percent of people were afraid of the long procedures for redressals against the big
corporates
● 1.4 percent of people did not think that it was necessary for them to complain
● 1.4 percent of people returned the product successfully to the shopkeeper
● 1.4 percent of people got the product replaced without hassle
35
Age
Group
Received a defective
product
Did not receive a
defective product Complained Did not complain
13 - 20 55 5 33 22
21 - 28 20 1 12 8
37 - 44 2 0 0 2
45 and
above 2 0 2 0
TOTAL 79 6 47 32
When a person files a complaint, he/she expects the law to back them up with an adequate
decision. When the respondents were asked to state the level of satisfaction, on a scale of 1 to 10,
they procured from the redressal, most of the respondents had a positive response but only 6.9%
of them could rate it as a 10. As much as 26.4% of the people were neutral about the level of
satisfaction as they rated it a 5 or a 6.
36
After collecting the above data to know in depth about the level of awareness the consumers
have about COPRA,2019, people were asked to provide suggestions for any kind of changes that
they thought were necessary in the act. Although most of the people thought that there were no
changes required, a few people focussed on the following points:
Do you think there are any amendments/changes required for COPRA, 2019?
1 To make it more accessible to the consumers
2
Yes, you should spread awareness among uneducated groups and enable them to speak for
themselves.
3 There are many cases which are registered but the judgment needs to get as soon as possible
4 Quick solving of grievances would be great.
5
Divide consumer courts for different segments so the cases can proceed in a much faster and
convenient way
6
The Act has been perfectly drafted, only the mindset of people must change to exercise their
rights.
7 The actions must be taken little fast and efficiency should be increased
8 Aware more people about it
9
The laws should be better executed and there should be more spending on consumer
education.
From the observations above, it can be seen that the Consumer Protection Act, 2019 is widely
known to most of the people out of the sample chosen but around 20% did not know about it
which is a drawback since those people would not be able to benefit from the act and have a
higher risk to be exploited. People suggested that the act should be more accessible to the
consumers and it’s awareness should be spread amongst uneducated people. Working on these
could help the government reach a better percentage of people. Through the sample’s responses,
it can be interpreted that most of the population is aware about the basics of COPRA, 2019, like
“False Advertising” being an offence under the act and this provides a positive view of people’s
knowledge of the act and the question which arises is that, “Are the people are actually
implementing their knowledge to raise voice against the exploitation that they might be facing?”
Through our questionnaire, we discovered that around 70% of the people came across a defective
product/service during their lifetime but only 55.3% of the people complained about the same.
37
Majority of the people did not complain because the product did not actually harm them in any
way or it was cheap but there is a reason of concern too since a lot of people did not complain
only because they did not want to “waste time” on it as they thought that it would be a lengthy
process with delayed justice whereas many people complained in the past and did not get a
satisfactory resolution and this is loophole in the act which many people mentioned in the
suggestions part of the questionnaire. People want a division of consumer courts for different
segments so the cases can proceed in a much faster and convenient way.
In a nutshell, some segments are deprived of the knowledge of the act and must be taken care of
by the government and the segments who know about the act need to be assured of a satisfactory
and quick solution in order of them to be entrusting their time with the law.
38
CHAPTER - 5
CONCLUSION
Findings of the Study
Through the survey that was conducted we wanted to find out how many people are aware of
their rights and in which zone of the country. As well as the different age groups as per our
survey the 13-20 age group does not know about the Act than the ones above the age group of
28+ Our responses were mainly from North and South.
To further empower the Consumer Рrоteсtiоn Асt (2019), the Сentrаl Соnsumer Рrоteсtiоn
Аuthоrity (ССРА) wаs set uр by the Сentrаl gоvernment. Араrt frоm regulating the matters
related to unfair trade рrасtiсes and violations of consumer rights, it also lооks аt the matters
related tо misleading аdvertisements.
Fоr filing а саse аgаinst а viоlаtiоn оf соnsumer rights, а рersоn shоuld hаve а bill/reсeiрts аs the
рrооf оf рurсhаse аnd саnnоt рrосeed tо the соnsumer соurt with it. Mаnу соmраnies even offer
a discount/free product if a customer dоes nоt get the bill because оf sоme issue.
Age
Group
Number of
respondents Aware of COPRA
Asks for a
bill/receipt
Retains the
bill/receipt
Received a
defective
product
Complai
ned
13 - 20 76 60 51 35 55 33
21 - 28 25 21 16 13 20 12
37 - 44 2 2 2 0 2 0
45 and
above 3 2 2 2 2 2
39
TOTAL 106 85 71 50 79 47
From the responses we got, we found out that most people complained about the defective
products they have received. Those who did not complain for the same were asked why they
didn't do so and a lot of them said it was because it was a waste of their time and people believed
that the product/service did not harm them in any way so they could ignore it.
When а рersоn files а соmрlаint, he/she exрeсts the lаw tо bасk them uр with аn аdequаte
deсisiоn. When the respondents were аsked tо stаte the level оf sаtisfасtiоn, оn а sсаle оf 1 tо
10, they рrосured frоm the redressаl, mоst оf the respondents hаd а positive response but оnly
6.9% оf them соuld rаte it аs а 10. As much as 26.4% оf the рeoрle were neutral аbоut the level
of satisfaction as they rated it а 5 оr а 6.
By conducting this questionnaire we found all the information we thought would be important
for our research. We got responses that helped us get answers to questions we found important
and the responses we got were very diverse as it was from different age groups.
Implications of the study on the Government Business Organisations
The government seeks redressals for the damaged goods. But are the consumers happy and
satisfied with the responses they get? Are the redressals they give good enough for the
consumers to stay loyal to that company?
The more the government helps the people of the country seek redressal the more people will be
able to fight for their rights. People will have satisfaction that their being heard and something
about that is being done. The better the faster consumers are given what they deserve the more
they will want to believe in the Government for things to be done.
40
Implications of the study on Business Organisations
The more the citizens raise a voice the more the business will know about the problem with their
products and with the help of that, they can make the product better for future customers and that
will help the company and the customers as well. There are businesses that do customer reviews
and take them very seriously as they need to maintain a brand reputation and this is only possible
if there are honest customers who put their opinion out there when they do not like a particular
product from a brand they are very loyal to.
It is very important for the company to be transparent about the products they are making, for
instance, in case of makeup, they need to be specific on what formula they are using so that in
case someone has an allergy they can avoid that product. It is very important for the customer to
know what is being used and not for a better customer relationship.
Implications of the study on GeneralPublic
Whenever a law is brought into the picture, it not only has an effect on the government or
businessman, it directly or indirectly affects the general public too. While considering the
Consumer Protection Act, 2019, it directly has an impact on the people of the nation as they are
the consumers and the act revolves around their rights. While conducting this study, it was found
that many people who are aware about the act choose to stay quiet even if they are a victim of an
unfair trade practice. This study would help us spread knowledge about the act and the redressals
to the government, traders, manufacturers and general public. The findings of the study could be
an eye-opener for the government and hence, can help them to bring the necessary changes to the
law and educate the people better about it so that the consumers could raise their voices as and
when required. This leads to responsible consumerism and ethical trade practices.
Limitations
41
Our study was based in India but most of the respondents of the questionnaire belonged to the
North and South parts of the country and hence, a very low number out of the sample belonged
to the East and West parts of the country and so, application of the study in those geographical
areas might not be completely legitimate.
The study focussed mainly on analysing the part of respondents that had at least some idea of the
Consumer Protection Act, 2019 and did take into consideration the ones with no knowledge of
the same.
Due to lack of resources, we could only reach out to 106 participants for the research purpose
and India being a vast country, this sample is too small to be 100% conclusive on the basis of the
responses. Adding to that, most of our respondents belonged to literate culture.
Our research study is based on the awareness of consumers about COPRA, 2019 and does not
take into account the traders or manufacturers.
Further scope ofstudy
The above limitations could be eliminated by taking a bigger sample which is geographically
spread across the country in approximately equal numbers. Further, illiterate people should also
be considered for the study since they are also a part of the consumer group of India. Lastly,
traders and manufacturers would also have a significant part in the research study because the act
involves them as much as it involves the consumers as they should be the one to avoid
conducting unfair trade practices in the first place.
The above points could not be included in current study because of various time and resource
based limitations. Also, reaching out to certain social groups was unsafe in the current pandemic
situation.
42
References
1. THE CONSUMER PROTECTION ACT, 1986. (2002). National Consumer Disputes
Redressal Commission
2. The Gazette of India. (2019). Ministry of Law and Justice (Legislative Department)
3. Sahoo, S., & Chatterjee, A. (2009). Consumer Protection - Problems and Prospects.
SSRN
4. FAQs on Consumer Protection Act 2019. (2019). Department of Consumer Affairs
5. Supreme court issues notice on new provisions in Consumer Protection Act , (2021),
India Legal
6. Palepu, A. (2021). CERT-In, RBI and Banks Working To Trach and disable phishing
websites. Medianama
7. Kapoor, S. (2019).Effectiveness of Consumer Forums in India. PRAGATI Journal of
Indian Economy
8. Jain,K. ( 2021). World Consumer Rights Day 2021: Know history, significance,
consumer rights in India , DNA News
9. Haq,Z. (2021).As shopping goes online, e-commerce disputes rise to unprecedented
Hindustan Times
10. Metha, A. , & Singh ,T. (2021). One-Sided Contractual Terms Constitute Unfair Trade
Practice under Consumer Law in India. India Corporate Law
11. Rana,A ,& Gera, A. (2019). Consumer Protection Act, 2019 – Key Highlights For
Product Manufacturers.Mondaq
12. Bhambhani,J & Shangari,P. (2020).The Consumer Protection (E-Commerce) Rules.
Mondaq
13. Anand,U. (2021) . Old consumer cases won’t be transferred. Hindustan Times
14. Flat not allotted? RERA better option than consumer forum,(2021),Tribune News Service
15. 22% of consumer complaints linked to e-commerce sector, (2021),IANS
16. World Consumer Rights Day 2021: What is the importance of the day, know about
Indian Consumer Protection Act,(2021),Zee News
43
17. Changes to the Consumer Protection Act- An Overview of the 2019 Act to understand the
recent amendments to COPRA, (2021) .Helpline Law
18. Sarvaria ,Y.(2020),Consumer Protection Act, 2019: Key Takeaways. Mondaq
19. Sundd, S. , Srivastav,R. & Rajan, P.(2021),Consumer Protection Act, 2019: Key Features
And Highlights, Mondaq
20. Bhat , R . (1996) ,Regulating the private health care sector: the case of the IndiHealth
Policy and Plannin.Health Policy and Planning
21. Aradhya, Shankar , Acharya & ,Shashidhar .(2012),Consumer Protection Act –
Awareness?.KMC Manipal
22. Patidar , S,(2013) ,The Consumer Protection Act, 1986 of India- 25 Years of Enactment:
A Critical Study. Pacific Business Review International
23. Paliwal ,S &, Singh ,G. (2020) .Exclusion Of ‘Healthcare’ From The Definition Of
‘Service’: A Delusional Relief For Medical Professionals . Mondaq
24. Srivastava ,S , Srivastava,P ,& Ramasamy , J , (2014) .Scope of consumer protection act
in medical profession in India. Research Gate
25. Hussaini ,W &, Singh ,S . (2020) .Consumer Protection Act 2019: Promising
Transparency And Choices To Consumers .
26. Palepu ,A . Reports on banking, payments, fintech and crypto-curencies. Additional
reporting on media regulations, data protection and other areas. Mondaq
27. Jain , K ,(2021). World Consumer Rights Day 2021: Know history, significance,
consumer rights in India . DNA
28. Haq ,Z.(2021). As shopping goes online, e-commerce disputes rise to unprecedented
levels.
29. Pattnaik , S &, Taygi , R ,(2020) . Consumer Protection Act, 2019: A Paradigm Shift ? .
Mondaq
30. Rana ,A & Gera ,A ,(2019) . Consumer Protection Act, 2019 – Key Highlights For
Product Manufacturers. Mondaq
31. Paliwal , S & , Rambhatia , R. (2020) . An Overview Of The Changes To Be Introduced
By The Consumer Protection Act, 2019. Mondaq
44
32. 16. Singh ,V (2020) . The Consumer Protection Act, 2019: A Need Of The Hour ,
Mondaq
33. Bhan , A & Rohatgi , M, (2021). Legal systems in India: overview . Thomson Reuters.
34. Singh ,H ,(2020) . Indian Constitution: Parts, Schedules and Articles at a Glance . Jagran
Josh
35. Law of India ,(2021). Wikipedia.org
36. Consumer Court India ,(2021). Cleartax
37. Draft Rules under Consumer Protection Act, 2019 , (2021). Prsindia.org
38. ‘Consumers should be aware about their rights’ ,(2016) . Times of India
39. Consumer Awareness, Consumer Rights and Responsibilities . Toppr.com
40. Dutta, S , (2017) . Are consumers aware of their rights? Modi govt seeks answers on the
efficacy of its schemes . India Today
41. THE CONSUMER PROTECTION ACT, 1986 ,(2016) . Ncdrc
42. Sarvaria , Y ,(2021) . Consumer Protection Act, 2019: Key Takeaways .Mondaq
45
Questionnaire
Title : Awareness of Consumer Protection Act, 2019
Questions:
Section1
1. Which part of the country do you belong to? *
A. North
B. South
C. East
D. West
2. Which age group do you belong to? *
A. 13 - 20
B. 21 - 28
C. 29 - 36
D. 37 - 44
E. 45 and above
3. Do you have any idea about the Consumer Protection Act? *
A. Yes
B. No
If the person answers “Yes” in question 3 (Section 1), only then he/she moves to the next
Section.
46
Section2
1. Do you know that even false marketing is also an "offence" under COPRA? *
A. Yes
B. No
2. Do you always ask for a bill/receipt for the purchases that you make? *
A. Yes
B. No
3. If yes, do you retain the bill/receipt? *
A. Yes
B. No
4. Are you aware of the three-tier Consumer Disputes Redressal Agencies, i.e. District,
State and National? *
A. Yes
B. No
5. Did you know that you can seek redressal for things as small as an expired toffee or a
torn pack of flour? *
A. Yes
B. No
6. Have you ever come across a defective product/service? *
47
A. Yes
B. No
C. Maybe
7. If yes, did you complain about the same? *
A. Yes
B. No
8. If you received a defective product/service but did not complain about it, what was the
reason for the same? (Select all that apply)
A. It was cheap
B. You did not want to waste time in that
C. You got late to complain
D. You were not awareabout the redressals available
E. Did not harm you in any way
F. Complained about some other thing in past but did not get satisfactory solution so thought it
would be better to stay quite
G. Other: _____________
9. On a scale of 1-10, how satisfied were you with the redressal you got after filing a
complaint?
10. Do you think there are any amendments/changes required for COPRA, 2019? If yes,
please state your reason for the same. *

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Study on awareness of copra,2019 final

  • 1. STUDY ON AWARENESS OF COPRA, 2019 Samarpita Gulati Stuti Surekha Apoorv Shukla Maheshwaran Jayapaul (Mentor) May, 2021
  • 2. 1 ACKNOWLEDGEMENT We, SAMARPITA GULATI, STUTI SUREKHA and APOORV SHUKLA, take this opportunity to express our gratitude to the people who made it possible for us to complete this project. We would like to express our deep gratitude to our Director, Dr. Dinesh Nilkant, Center for Management Studies, Jain (Deemed-to -be-University) for giving us an opportunity to undertake the Project Centric Learning. Project Centric Learning has helped us in enhancement of our interest towards Research and made our thinking process, managerial skills and decision-making ability better. We are thankful to our mentor Mr. MAHESHWARAN JAYAPAUL for his guidance, enthusiasm and encouragement in completing the Project and clearing our doubts at each step of this Project. Even though the time span within which the project had to be conducted was short, he/she ensured that the research was conducted in a meticulous and procedural manner. We wish to thank our parents for their support and encouragement throughout the study. Samarpita Gulati - 19BBAR0416 - Section ‘J’ Stuti Surekha - 19BBAR0485 - Section ‘J’ Apoorv Shukla - 19BBAR0649 - Section ‘J’
  • 3. 2 ABOUT THE AUTHORS Samarpita Gulati is a IInd-Year Corporate BBA student at Center For Management Studies, Jain (Deemed-to-be) University. Stuti Surekha is a IInd-Year Corporate BBA student at Center For Management Studies, Jain (Deemed-to-be) University Apoorv Shukla is a IInd-Year Corporate BBA student at Center For Management Studies, Jain (Deemed-to-be) University Maheshwaran Jayapaul (mentor) is a professor at Center For Management Studies, Jain (Deemed-to-be) University.
  • 4. 3 ABSTRACT To protect the right of consumers against unfair trade practices, the Consumer Protection Act was passed in 1986 and it went through a few amendments before Consumer Protection Act, 2019. The following study focuses on whether the citizens of India are aware of the act and whether they are using it to its full benefit. First-hand data is collected through a questionnaire, whose respondents belonged to different parts of the country. Articles, journals and other research papers were referred to for the purpose of secondary data collection. Through the questionnaire, it was found that even though the majority of people were aware of COPRA, 2019, a significant number of people did not complain about a fraudulent trade practice that they experienced. Then the reason for the same is analyzed further.
  • 5. 4 KEYWORDS ● Consumer ● Redressal ● Consumer Courts ● Law ● Respondents ● Consumer Duties ● Consumer Rights
  • 6. 5
  • 7. 6 TABLE OF CONTENTS S.NO. PARTICULARS PAGE NO. 1. Introduction 6-11 1.1 History and Evolution of COPRA 6-8 1.2 Defining the purpose of study 8-10 1.3 Theoretical Model 10-11 1.4 About Law Sector in India 12-13 2. Review of Literature 14-21 3. ResearchMethodology 22-26 3.1 Type of Study 22 3.2 Location of Study 22-23 3.3 Population of selected location 23 3.4 Respondents 23 3.5 Sample Size 23-24 3.6 Objectives 24-26 3.7 Plan for Data Collection 26 4. Analysis and Interpretation 27-36 5. Findings and Conclusion 37-40 5.1 Findings 37-38 5.2 Suggestion 38-39 5.3 Implications of the Study 39 5.4 Limitation of study 39-40 5.5 Conclusion 40 6. Reference 7. Questionnaire
  • 8. 7 CHAPTER - 1 INTRODUCTION BACKGROUND AND HISTORY To keep up with the present times, the consumer protection act must be updated with the current Business practices like e-commerce buying and selling with lots of changes in the traditional business model. The parliament of India passed the consumer protection act,2019. This will be more effective as the Consumer protection act,1986 has become outdated as the market evolved at a rapid pace, the 1986 act was unable to safeguard the interest of consumers. The act, therefore, was passed to improve the interest of consumers, give them greater protection, and make the process of filing complaints easy. This act also helps to regulate and monitor consumer markets to welfare consumers to remove unfair trade practices that are happening in underground markets. EVOLUTION OF CONSUMER PROTECTION ACT Consumer protection act has its deep roots from Indian rich soil, around 3200 B.C in ancient India human values and ethical practices were of great pride and importance. The kings of India felt great pride in the welfare of citizens, their social and economic life. They put many trade restrictions in the interest of buyers. There were many punishments for sellers who take advantage of the consumer’s. The king is the supreme authority to give justice to the consumers under the rule of dharma. In the British period, modern systems were introduced in India and many laws were enacted to protect the interest of consumers generally. The civil justice system in current times discourages the consumer from seeking help or any legal action. The consumer protection act,2019 gives easy justice. It has brought a legal revolution in India. Also, it is a very cost-effective mechanism and gives support to the consumer. Indian consumer law will rule the markets, a new phase on legal structure with strong ancient foundations. I. Pre 1950 The consumer protection act was managed by English common law. The British legal structure generated various classifications to deal with different aspects in present times. 1. Torts are civil wrongs, various tests were designed by the courts, soon it was adopted in India. They were adopted in India. The consumer can file a suit on the grounds of fraud,
  • 9. 8 misrepresentation, fraud, etc. The compensation was in terms of money or replacement of the product or, sometimes consumers can get a master service concept where liability for the manufacturer is there. 2. Contracts are a binding agreement that has been entered by two or more individuals. It has its duties, reliefs available in case of a breach. Customers could approach the court for justice if the seller did any fraud or unfair practices. The buyer can use a principal- agent to take the manufacture to court. This also includes the liability rule. 3. Fiduciary obligations emerge in rare circumstances if it could be established if a trust- based relationship is their shopkeeper and customer. It has to be proved that the buyer was made to trust the seller and the trust have been violated. II. 1950 to 1986 The Indian constitution came into action in 1950, the government made many legislations to tackle the issue of consumer protection. The scope of these was limited to the subject matter of each statute. Consumers must see the reliance on each statute. If he is unable to file the statutes, he has to file a tort or under fiduciary law. The legislation enacted during 1950 to 1986 are, The Drugs Control Act, 1950 The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 The Prevention of Food Adulteration Act, 1954 The Essential Commodities Act, 1956 The Trade and Merchandise Marks Act, 1958 The Monopolies and Restrictive Trade Practices Act, 1969 The Cigarettes (Regulation of Production, Distribution, and Supply) Act, 1975 The Prevention of Black Marketing and Maintenance of Supplies of Essential Act 1980 The Standards of Weights and Measures (Enforcement) Act, 1985[3] The Bureau of Indian Standards Act, 1986 None of these were fully capable of overcoming unfair trade practices that exploited the consumer. Even after the government had initiated various policies to help the interest of consumers, they were unable to achieve these objectives. After a series of meets the final draft was sent to Lok Sabha on 9th December 1986 by HKL Bhagat. He was Minister of Parliamentary Affairs, civil supplies, and food. Many changes happened in the old consumer protection act. This gives more power to consumers to sue unfair traders.
  • 10. 9 III. 1986 to 2019 Consumer protection bill 1986 was first discussed in Lok Sabha on 5th December 1986. Parliament passed the consumer protection bill, 1986. Therefore (COPRA) came into action in 1986. First of its kind when it came into action for consumer protection. This act brought different products and services. It created an extra layer of protection for consumers better than existing laws. It also created different courts for consumers. This gives quick and effective action for consumers, within three months of getting noticed. This includes monetary and damage compensation for customers. The consumer protection Act 1986 had many changes in the years 1991,1993 and 2002. These broadened the authority to consumer courts. For example, the 2002 amendment introduce the court to sell the property of an individual if they disobey the court laws. IV. 2019 and after On 6th August 2019, the consumer protection bill was passed in the parliament. President announced on 9th august 2019. Therefore, the Consumer Protection act of 2019 came into action. This act introduced a more quick and effective way, creating a new act altogether, giving a high level of security for consumers. When drafting this act, the government considered the e-commerce industry and modern ways for the commercial business of goods and services. Also introduced online marketing laws and micro-level marketing the latest phenomenon. INTERNATIONAL INFLUENCE The consumer protection act, 1986 was inspired by the United Nations framework. The national consumer council has 28 members and multiple officials. They held two meetings to discuss consumer protection laws. They also organized a national workshop for it on March 11 and 12th 1985. The bill has inspirations from multiple countries. Like New Zealand, the United States of America, the United Kingdom, and Australia. PURPOSE OF THE STUDY Consumerism in India is as old as trade and commerce. The purpose of this study is to check if the citizens of the country know about their rights and responsibilities as a consumer and are they using it wisely. Majority of the citizens do not know
  • 11. 10 about the law, so they don’t take action but the ones who do they go to the very extent of getting what is theirs. This study will help us find out about how many people follow the law and how many are being exploited. Consumers as a whole don't know the rights so they are being exploited and taken advantage of. The sellers sell their products at a high price and expect things to go their way but as a country we know that's not possible. In a country like India where people ask for discounts on their daily purchases, they do not realise they are getting exploited. And that is the reason why the Consumer Protection Act was established in 1986. Even though the act is passed and not many people follow it they are still being exploited. This act was passed in 1986 first and has made amendments since then to help the customers even more. The latest amendment was made in 2019. The Consumer Protection Act also known as COPRA was passed as a social law for the benefit of consumers so that they are not misled by sellers in their purchases they made on a daily or regular basis. Each state has a consumer court in which they can file a complaint against the seller if there has been any unfortunate event that has taken place. Since the population of India keeps growing at a tremendous rate it is natural that the supply of goods and services also keep increasing, just like the law of supply. Consumers in India tend to get exploited as there is a very high population that has a lack of education, there is poverty in the country, illiteracy, ignorance to what's happening around them, traditional Indian perception of silent suffering and their ignorance of legal remedies available, these are just a few examples. We see that the consumers get to practice all these rights. They can approach a consumer court if they have any problem in their product or service. Do consumers know their rights? Are officials effectively delivering the government's message to a remote village? The Narendra Modi government is seeking answers to this in order to strengthen the implementation of ongoing programs and projects. The research department at the Indian Institute of Mass Communication is full of hands as it researches the impact of government programs on all Ministers and writes proposals based on their findings to help link gaps. While the 'Jaago Grahak' consumer service campaign has been circulating for almost a decade, research results indicate ignorance among consumers about the grievance redressal process. A team of researchers at the institute, after reviewing and evaluating the drinking water and sanitation communication system, made important suggestions such as involving community elders and local leaders of the panchayat to convey their message better. "For the first time IIMC is being treated as a communications team in the country and the government is making efforts to analyze the impact of its global communications campaigns.
  • 12. 11 Scientific analysis helps to understand how to make the campaign work better," IIMC Director- General KG Suresh told Mail Today. The basic concept towards our study is to see if consumers know the various rights they have in order to get the right product and service at the right time, place, without any damage, ect. THEORETICAL MODEL For conducting the study on awareness of Consumer Protection Act (COPRA), 2019, there are two possible hypotheses: HYPOTHESIS I Consumers have no knowledge about the COPRA, 2019. HYPOTHESIS II Consumers have at least some knowledge about COPRA, 2019. Our research would be based on the second hypothesis, i.e., consumers have at least some knowledge of the Consumer Protection Act, 2019 and the results drawn would be directly concerned with the extent of knowledge about different subsets of the act that the people have and if they are applying this knowledge to get the satisfactory redressal that they deserve. Figure: Awareness of consumers on different aspects of COPRA CONSUM ERS COP RA AWAREN ESS Consu mer Rights Consu mer Duties
  • 13. 12 Through the above chart, it is depicted that we would theoretically be updated if the consumers are aware of the following parts of the Consumer Protection Act, 2019 : 1. Consumer Rights According to COPRA, 2019, following are the rights of the consumers: ● Right to Safety against the products or services which are hazardous to life and property ● Right to be Informed about the quality, quantity, and price of goods, products or services, so as to protect the consumer against unfair trade practices; ● Right to Choose from a variety of goods, products or services at competitive prices ● Right to be Heard by the law ● Right to Seek Redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers ● Right to Consumer Awareness 2. Consumer Duties : ● Not to fall in the trap of false marketing ● To be updated on the latest Consumer Protection Act ● Read the labels of the products carefully ● Only make legal purchases ● Always ask for a receipt and retain the same ● Duly file a complaint in case a defective product/service is received 3. Redressal Agencies According to COPRA, 2019, following are the three tiers of redressal agencies that a consumer can approach in case of an unfair trade practice: ● District Commission - A consumer can approach the district commission when the value of goods or services paid as consideration does not exceed Rs. 1 crore ● State Commission - A consumer can approach the state commission when the value of goods or services paid as consideration is more than Rs. 1 crore but does not exceed Rs. 10 crores ● National Commission - A consumer can approach the national commission when the value of goods or services paid as consideration exceeds Rs. 10 crores
  • 14. 13 ABOUT THE LAW SECTOR IN INDIA Legal practice in India is one of the highest paid and most lucrative sectors, with an estimated six million lawyers working in the field. Key players in the field include individual lawyers and law firms, especially in families. It is worth noting here that the attorney's right to practice law is not a fundamental right but a legal right; as governed by the provisions of the Advocates Act, 1961 (hereinafter referred to as the ‘Act’) and the Bar Council Barriers Act, 1975 (hereinafter referred to as the ‘Rules). Anyone can request for a act to be passed but for that they need to file a request and those requests are written down and sent to the lok sabha or rajya sabha as a bill, if bill is approved by all the members of the house after discussion they pass it onto the higher court from where it is given to the president who makes the bill legal and calls it the law. In the earlier days when there was no act such as Consumer Protection Act, the code of civil procedure of 1908, the Indian contract act of 1872, the sale of goods act of 1930, Indian penal code of 1860, standards of weight and measures act of 1976, ect were established to help the consumers from being exploited. To provide better protection for consumer interests The Consumer Protection Bill, 1986 was introduced in Lok Sabha on December 5, 1986. The Consumer Protection Act(COPRA), 1986 was passed by the Indian parliament and came into effect in December 1986. The Act was passed to protect consumer interests and to establish state-owned enterprises to deal with consumer problems and any consequences. . Consumer courts were established as Consumer Dispute Resolution Agencies and deal with consumer disputes, disputes and complaints. It is a forum where the consumer can file a lawsuit against the seller where the consumer feels he or she has been deceived or exploited by the seller. The point of having a separate forum for consumer disputes is to ensure that such disputes are resolved expeditiously and to make it less expensive. The authorities that are established under the 2019 act are: The district commission whose jurisdiction on disputes should be upto one crore rupees, the state commission whose origin jurisdiction on disputes should be between one to ten crore rupees and that is if it apples from the district commission, national commission whose jurisdiction on disputes is above ten crore rupees and apples from the state commission, the central consumer protection authority and central consumer protection council are also present in case of any disputes that may take place.
  • 15. 14 Consumer protection, was found not only in one law but also in the amendment and re-enactment of many laws such as the Sale of Goods Act, 1930, Essential Commodities Act, 1955 and the Competition Act, 2002 which are just a few of the many laws that promoted the concept of ' Consumerism '. Under the Consumer Protection Act(COPRA), 1986 , Consumer Councils were established at Institutional, Government and District levels with the power of appeal and officials. More than 1 crore cases fall under the jurisdiction of the institution and cases between 20 Lakhs to 1 Crore are heard in the State council and anything below that is at the District level. Currently, the Constitution of India has 448 articles in 25 sections and 12 schedules. There are 104 amendments made to the Indian constitution as of 25 January 2020. The first amendment to the Indian Constitution was made in 1950. There are 104 amendments (enacted on 25 January 2020 to extend the reservation of SC and ST seats in Lok Sabha and provinces) enacted in the Indian constitution to date.
  • 16. 15 CHAPTER - 2 REVIEW OF LITERATURE 1. Overview of the 2019 Act is a change in the Consumer Protection Act. An article written by Legal Solutions Worldwide. The 1986 law never allowed a consumer to go to the Consumer Forum, if he or she had another solution or solution to the problem / shortage under the law. It is unfortunate that the buyer can only go to the Forum, if it is lost or lost due to any improper trade or inefficiency. it is dangerous but has failed to put credit on the supplier of these goods. Nor did it increase the safety requirements and permitted levels of hazardous substances in the property. 2. Indian Consumer Protection Act, 2019. The article, written by Yashika Sarvaria, is about the key takeaway measures of the Consumer Protection Act. She said the 1986 Consumer Protection Act did not work as well as the new single amendment made in 2019, which is more effective and reliable in terms of e-commerce, direct marketing, telecommunications and many other ways to do digitalization. She defined the Consumer Protection Act in terms of section 2 (47) of the 2019 Act. Refrain from withdrawing, returning or losing defective goods and services and refunds what is contemplated within the period specified in the bill or within 30 days without such provision in the bill. The repealed 1986 law does not include misleading online advertisements in the definition of illegal trading acts added to the 2019 Act. 3. Prateek S Shrivastava and Saurabh R Shrivastava (2014) How COPRA can be used in the medical industry: Science and biotechnology have made great strides in the last few decades, contributing to the improvement of human health, and the further increase in human rights. To protect consumer interests, States around the world have established consumer protection organizations. Even in India, the Consumer Protection Act (COPRA) was passed by Parliament in 1986 as a social law for the benefit of consumers. Health care services, whenever purchased by recipients are also expected to provide customer satisfaction. 4. Article written by Smita Paliwal and Gaurav Singh Gaur (2020). Consumer Protection Act 2019, including the healthcare industry. The Consumer Protection Act, 2019 (CPA), which came into effect on July 24, 2020, is expected to go a long way in meeting the needs of consumers as a whole. In the current era, as the COVID-19 epidemic is raging across the country, disputes are likely to arise due to the vain services provided in certain sections of the health sector. The new Consumer Protection Act (CPA) came into effect in place of the old law, which was more than 30 years old. 5. Weheb Hussaini and Snigdha Singh (2020) Transparency and choice for consumers. Transformational change in the Indian economy has profoundly changed the way many Indians buy, buy, travel and explore. The combined effect of the internet, market competition and fast innovations have greatly expanded the range of options and information available to consumers. As a result, consumer culture has long been disrupted to create the need for a new grievance redressal system in the new market. As a
  • 17. 16 result of this new and vibrant market, the Indian Parliament on 6 August 2019 passed the Consumer Protection Bill, 2019. 6. K. Srinivasan (1999) noted that the analysis of data from consumer courts in different provinces shows that there is a direct relationship between literacy and consumer awareness. The question that needs to be considered is what can the Government do to improve this position? It is often said that "Customer is independent and the consumer is King." If so, why do we have a consumer protection law? Why is there a need to protect the King? Shouldn’t it be aptly named the “Consumer Sovereignty Act”? It is up to the consumers to decide. After all the power of democracy, citizens get the right government. Likewise consumers in the community gain a position in the market depending on what they do or do not do. It is widely acknowledged that “consumer development” in India is still a long way off. 7. Verma D. P. S. (2002) examines major developments in the field of consumer protection in India since 1984, when official regulations were introduced to regulate illegal trading practices for the first time. The Consumer Protection Act, 1986, was enacted to provide a quick and cheap solution to consumer complaints. Corrections can now be sought from any consumer court for negligence or lack of medical services. The Bureau of Indian Standards Act, 1986, sets out measures to stop and control the quality of manufactured goods. The Consumer Welfare Fund has been established to provide financial assistance to voluntary consumer organizations and to improve consumer movement around the world. The explosion of voluntary consumer organizations in various parts of the country can be seen. Other activities include the establishment of a separate Consumer Affairs Department in the Coalition Government and the establishment of a Consumer Product Testing Lab. 8. Patidar Suresh (2008) concluded that consumer awareness is important in protecting consumer interests. Research has tried to uncover the fact that the consumer problem is focused on consumer awareness. Consumer awareness can be raised through the sincere efforts of the government and somehow by the public. While much has been done by the government to improve the level of awareness among urban and rural consumers, there is still room for improvement. 9. Patil Ashok (2011) concluded that it is a well-known fact that without public participation, the government, as one body, would not have protected consumers from defective products. There are many rules for customer care and their prices are constantly rising. However it leaves much to be said that their performance should be based on consumer awareness and the integrity of the authorities in their performance. 10. Chandra A.K. (2011) noted that the Consumer Protection Act, 1986, is one of the social and economic laws, used to protect consumer interests in India. Unlike existing laws, penalties or penalties in nature, the provisions of this Act pay naturally. The Act is designed to provide a simple, quick and cost-effective solution to consumer complaints, as well as certain forms of relief and compensation where applicable to the consumer. Consumer purchases are emerging rapidly as environmental forces affecting big business decisions as consumers become more aware of their rights. Or provide comprehensive
  • 18. 17 legal measures in India to curb illegal business practices, protect consumer interests, and promote consumer exploitation; companies still have to do more. Chandra analyzed consumer awareness and perception of consumer rights and the Consumer Protection Act using a sample from the Raipur region on their purchasing behavior and their action in the event they are dissatisfied with creating consumer goods. 11. Venugopal P. et al. (2012) concluded that educational institutions do their best to promote consumer spending or we cannot even say that educational institutions are designed for financial gain and do nothing to promote consumer spending. It is clear that IITs, IIMs, IIPAs, IIFTs, VITs, IGNOUs support and play a key role in promoting consumer use and creating awareness among the people (rural and urban). But these are not the only educational corpses on Earth. When 10 universities or schools are ready to make such a difference and are able to do so many campaigns, what if all the schools, colleges and university organizations start working? The change will be final. This could be a free-consuming world. 12. Seema Sundd, Rituraj Srivastav, Prabhat Ranjan (2021) After 1986, the style and scope of the business grew in unimaginable ways over the past three decades. The new year market has completely changed with the advent of the internet and technology. It has put consumers at risk of new threats of exploitation, increasing the need for a new consumer law. The 1986 law will never expect consumer courts to adjudicate e-commerce transactions. High-quality marketing, Direct Selling and E-Retailing are some of the things under the new law. With the expansion of e-commerce trading authority and the inclusion of "e-commerce" disclosure, the rules applicable to direct sales have been applied to e-commerce sales under the new Act. Consumer Protection Laws, E-commerce Laws, 2020, also specify the rights and liabilities involved in e-commerce. Access to the Act is extended not only to goods and services but also to digital products purchased or sold through a digital network. Most importantly the protection offered to Indian consumers comes not only from the Indian E-commerce organization, but also from a foreign business that provides services to Indian consumers. 13. Ramesh Bhat (1996) The recent decision to introduce confidential treatment under the Consumer Protection Act (COPRA) 1986 is considered an important step in regulating the private medical sector. The study examined the views of independent providers on the law. They believe that COPRA will be effective in reducing misconduct and misconduct, but it has serious side effects such as increased medical bills, increased medication and diagnostics, a negative impact on emergency care, and so on. Medical organizations have also said the introduction of COPRA is a step towards expensive, intimidating and unnecessary courts. 14. KMC Manipal (2013) With the inclusion of health care services under the Consumer Protection Act, outbreaks of cases arising from violations of medical / dental law are evident. Therefore, it is important for health professionals today to be aware of these rules. Assess and compare awareness of the Consumer Protection Act between dentists, dentists in educational institutions and private dentists. The questionnaire was conducted on 224 Manipal and Mangalore dentists and 112 private dentists from Udupi and Mangalore, Karnataka, India. Results. A total of 69.6% of the DTI and 76.8% of the DPP
  • 19. 18 were reported to be aware of the Consumer Protection Act but subsequent analysis of responses did not reveal the same. Awareness of the rules and regulations of the Consumer Protection Act was found at the bottom of both dental groups. No differences were found in gender-based awareness, qualifications and performance. There is a need to make health professionals aware of these rules so that their growing concerns and performance are in line with the well-being of patients. 15. Samarjit Pattnaik and Rahul Tyagi (2020) An important change regarding social authority is that for administrative purposes, only the amount of goods and services will be considered and not the amount of damages demanded, so the consumer can no longer authorize the forum he or she prefers. by seeking excessive injury as a result of mental trauma etc. introduces arrangements for the supply of the manufacturer or seller, the obligation to provide compensation for any kind of damage to the final buyer as a result of improper purchase sold to him, regardless of the fact that there was a contract between the buyer concerned and the manufacturer. Including health and safety information, secure payment methods, product shelf life, price reductions, showing all cases included. Under the new regime, e-commerce companies must unconditionally accept returns of defective or defective goods, including counterfeit and counterfeit products, and provide refunds within fourteen days. Given the purpose of this action, its peak time when lawmakers and architects realize that what is lacking in the justice system is not legal software / court procedures, but basic hardware infrastructure to carry a heavy case. 16. Advait Palepu (2021) According to him. Supreme Court issues notice on new provisions in Consumer Protection Act. The question of digital financial transactions was raised by three MPs (MPs) from the Shiv Sena party: Rahul Shewale, Hemant Patil, and Omprakash Rajenimbalkar. Online or digital payments are increasing especially after the outbreak of the COVID-19 epidemic in the country. According to a bank fraud report, online bankruptcy is considered to be entirely based on social engineering strategies such as Vishing and Phishing ”—Anurag Thakur, Finance Minister. Thakur lists various regulatory measures taken by the RBI such as the credit bureau for unauthorized transactions or fraud, the Ombudsman Scheme for Digital Transactions, bank cybersecurity regulations, cards, ATMs, the latest Digital Payments Security Controls framework, and various other authorized measures. banks and other organizations. Anil Desai, a Shiv Sena member of parliament, raised questions within Rajya Sabha, March 23, 2021, as to whether online banking fraud was on the rise and what steps the government is taking to combat cybercrime. 17. Karishma Jain (2021) World Consumer Rights Day is celebrated annually on March 15. This day is dedicated to raising awareness of consumer rights and needs so that consumers can fight social injustice. After the establishment of the Grahak Panchayat in Pune in 1974, consumer welfare centers were established in many provinces and the organization continued to grow. Last year, on July 20, an amendment to the law was made to make customers more efficient and effective. 18. Zia haq (2021) As shopping goes online, e-commerce disputes rise to unprecedented levels. E-commerce disputes raised by consumers over the national consumer assistance
  • 20. 19 number have raised concerns about offline purchases, details from the customer service directory. Retail trading in India, run by informal and small retailers, has undergone changes as the epidemic accelerates online shopping, from food to fashion and electronics sales. According to data from the consumer affairs department, during the period April 2020-February 21, consumers entered into 1,88,262 disputes or claims related to e-commerce transactions. At 22%, this share was the highest in five categories including banks, telecom, electronic products and consumer firmness. The e-commerce segment was a component that could not be legally regulated or self-regulated until the government drafted its own consumer protection law. 19. An article written by Himachalam Dasaraju Hans News Service on 14 March 2021. The world consumer protection act that happens on 15 of March aims that all the buyers and consumers all across the world need to look upon the climate changes, India widespread illiteracy, poverty, ignorance of consumer rights, lack of sufficient information about products and services, the lethargic attitude of the consumers, and lack of organized efforts to see the market evils are some of the major factors. The 'CP Act 2019' has gone one breakthrough in paving the way for identifying, recognizing, and incorporating various rights for consumer protection, which were necessary for a view of the changing circumstances of the business environment. 20. An article written by PRAGATI Journal of Indian Economy in June 2019 , Effectiveness of Consumer Forums in India , united states consumer protection and secretary general passed a resolution to influence the member countries especially the developing ones to adopt policies and laws for better protection of the interests of the consumers. The Act gives statutory recognition to 6 consumer rights, which are the right to safety, right to information, right to settle on, right to be heard, right to hunt redressal, and right to consumer education. 21. An article written by Aditya Mehta and Tanya Singh on March 2, 2021 , One-Sided Contractual Terms Constitute Unfair Trade Practice under Consumer Law in India, a consumer complaint before the National Consumer Disputes Redressal Commission. He was seeking a refund of sale consideration along with an interest of 20% per annum, on account of inordinate delay in completion of construction and obtaining occupation certificate on part of Developer. The Court has held that the same would constitute an unfair trade practice under the consumer laws in India. 22. An article written by Aditya Mehta on 09 September 2019, https://www.mondaq.com Consumer Protection Act, 2019 – Key Highlights For Product Manufacturers. This act introduced producers of goods to pay liability for defective goods or when the manufacture has not given proper warning/instructions , manufacturer had deployed reasonable means to offer warnings or instructions regarding such condition; the product was used under the influence of alcohol or a prescription without such prescription; and the dangers with reference to a product are obvious or commonly known or consumers need to have known, in sight of the characteristics of the merchandise. 23. An article written by Jaydeep Bhambhani and Pranav Shangari on 19 October 2020 India: The Consumer Protection (E-Commerce) Rules, 2020 It can be said that Rules aim
  • 21. 20 to bring transparency and accountability in the provision of information and disclosure by e-commerce platforms to consumers. Rules also seek to put a check and provide for disclosure on the practice of preferential treatment being accorded to some sellers reducing the possibility of unfair trade practices by large sellers. Given that non- compliance with the Rules would have penal provisions as set out in the Act, it could be an excessive deterrent for small businesses. Further, these Rules neither deal with consumer data protection nor storage of confidential information especially for e- commerce entities operating as payment aggregators. 24. An article written by Utkarsh Anand, Hindustan Times PUBLISHED On MAR 17, 2021| https://www.hindustantimes.com Old consumer cases won’t be transferred according to this old cases won’t be transferred to new law if the case is registered before old consumer complaints pending before them in terms of the monetary jurisdiction fixed under the 1986 Consumer Protection Act, that only such cases filed on or after July 20, 2020—when the new consumer protection law (2019 Act) was notified—should be addressed as per the new law while the old cases are going to be decided in accordance with the 1986 Act. The top court directed that no such transfer shall happen and therefore the old cases shall be decided by the buyer court in accordance with the jurisdiction fixed by the old law. 25. According to this article.(2021) While earlier the pecuniary jurisdiction was selected the idea of the worth of products or services in question and therefore the compensation being sought, it's to be determined only on the idea of the worth of the products or services paid as consideration. The State Commission adjudicates over cases whose value is above Rs1 crore, but below Rs10 crore. The National Commission will choose complaints above Rs10 crore. Consumers have an option of filing their complaints before the important Estate regulatory agency (RERA), meant exclusively for handling complaints concerning land. The complaint is essentially about the builder legally delivering the apartments with all relevant documents and compensating the allottees for the delay in granting possession, I might suggest that you simply approach Haryana RERA or HRERA, Panchkula. 26. E-commerce disputes raised by consumers over the national consumer assistance number have raised concerns about offline purchases, details from the customer service directory. Retail trading in India, run by informal and small retailers, has undergone changes as the epidemic accelerates online shopping, from food to fashion and electronics sales. According to data from the consumer affairs department, during the period April 2020- February 21, consumers entered into 1,88,262 disputes or claims related to e-commerce transactions. At 22%, this share was the highest in five categories including banks, telecom, electronic products and consumer firmness. The e-commerce segment was a component that could not be legally regulated or self-regulated until the government drafted its own consumer protection law. 27. Aprajita Rana and Aman Gera (2019) Consumer Protection Act, 2019 (the "Act") has been passed by Parliament. The law, among other things, provides for the protection of consumer interests, the establishment of a central consumer protection authority, a mechanism for resolving consumer disputes and directly regulating product liability and
  • 22. 21 misleading advertising. The law has received the President's approval. However, the Central Government will still notify the date on which the Act will take effect. Once notified, this Act will apply and regulate matters contemplated by it and will replace the existing Consumer Protection Act, 1986.Who is the manufacturer of the product. The law prescribes a product manufacturer as a business that manufactures goods (or parts of it) or incorporates parts made by another person, or brands them into third-party goods, or designs / manufactures / manufactures / builds / rebuilds - produces any product before sale, etc. 28. Smita Paliwal and Rajeev Rambhatla (2020)The first consumer protection law The Consumer Protection Act, 1986 ('old act') was introduced for the purpose of protecting consumer rights. However, with the advent of technology and the introduction of e- commerce and various other ways of doing business, existing legislative reforms proved necessary and prudent to better protect today's consumers. Over the past 20 years, consumer space in India has seen a trend that begins with the opening up of the economy in the early 1990s to the arrival of online markets and e-commerce. The Act is an acceptable measure as it appears to affect the interests of the old Act and was introduced during a critical phase where consumers and their rights must be protected as global markets become more and more consumer-centered. The Act gives more power to the Regional Commission, the State Commission while also reviewing their education authorities thereby reducing the burden of the National Commission. 29. Vijaya Singh (2020) The Consumer Protection Act, 1986, replaced the Consumer Protection Act, 2019, wf 20.07.2020. The Government has expanded the scope of the Act and provided comprehensive and comprehensive definitions of consumer, consumer rights (including consumer awareness), commercial, approvals, product debt, incorrect contract, misleading advertisement, including 'telecom' in the definition of "service", provided by Central Consumer The Protection Authority has the power to search and capture and issue guidelines and penalties for false or misleading advertisements. The new Consumer Act also sets a time limit of 3 months to complete the entire case from the date the notice was received by the opposition party. 19 However, it is unreasonable to conclude a case within 3 months and especially when the patent has increased. According to Juxtapositionally, in the first phase, the Regional Commission and the State Commission will be held accountable and mass transactions will take place from the National Commission to the State Commission and from the State Commission to the Regional Commission which will also delay proceedings as benchmarks and infrastructure are determined. 30. Curare Legal (2021) Cases of class actions take into account the similarities of facts and the benefits required in proceedings where all class members have the same complaint and some members of the said group begin the process before the courts in terms of their ability to represent other class members. It would not be fair to say that the proceedings of the section may also be maintained in the case of the Civil Interest Court / civil action cases under Articles 32 and 226 of enforcement of the fundamental rights enshrined in the Indian Constitution before the Supreme Court and the Supreme Court of India, however. -PIL and standard continuous classroom actions which means no locus stand in PIL. The Supreme Court quotes in favor of a law enacted by the full bench of the
  • 23. 22 NCDRC in Ambrish Kumar Shukla (supra) stating that the most important test of a consumer forum while appealing a class appeal to look at an equity interest test is exactly the same in the same complaint to the same person; if the test is satisfied with the class appeal, the matter must be properly adjudicated and continue to renew the class complaint and return to fair hearing.
  • 24. 23 CHAPTER - 3 RESEARCH METHODOLOGY Type of study Our research is based on a General Research which allows us to explore our research more and not restrict it to one type, along with general research we've made our research very descriptive in nature. So that it helps the person reading it much more easily. By taking general research we did not limit ourselves to any kind of information as consumer protection act is a really big topic and people are not aware of their rights and the law as much as they should know. By conducting a descriptive research we help the citizens of India seek redressal and not be exploited in any way. For instance, we can even go to a consumer court if our bag of flour is torn or has insects in them. By doing this we as consumers can get what we can seek redressal. The research process involves identifying, finding, evaluating, and analysing the information you need to support your research question, and then developing and expressing your ideas. These are the same skills you need every time you write a report, suggestion, or compile a presentation. Descriptive research is a research method that describes the characteristics of a demographic or object being studied. This approach focuses more on the “what” of the research topic than on the “why” of the research topic. The descriptive research method focuses mainly on defining the nature of a class of people, without focusing on the “why” of something happening. In other words, it "explains" the topic of research, without covering why "it" happens. Location The location that we have chosen is India as a whole, that is, the north, south, east and west. India is a very diverse country and there are a lot of people who have settled in from different places all over the world.
  • 25. 24 India lies on the Indian Plate, in the northern part of the Indo-Australian Plate, on the continents that make up the Indian subcontinent. The land is north of the equator between 8 ° 4 'north to 37 ° 6' latitude latitude and 68 ° 7 'east to 97 ° 25' east distance. India being so big in location is divided into 4 areas, namely, north south east and west. Population India being so big in its location is likely to have a large population. The current population of India is 136.64 crores. The population of India 2020 is estimated at 1,380,004,385 people by mid-year according to UN data. India's population accounts for 17.7% of the world's population. India ranks 2nd in the list of countries (and dependents) on people. The population of India is 464 per Km2 (1,202 people per mi2). It is very likely that the population of the country will still increase. The population of the country keeps increasing and the more people will know about the Consumer Protection Act as and when the people are educated about their rights. Respondents Our respondents are based on a questionnaire we had prepared. Most of them would be family, friends and colleagues. Our target was to reach about 200 people so that we can have research which is not restricted to only one region. We have responses from different regions of India that are north, south, east and west. By gathering so many responses we get to know how many people know about the act and how many do not. With the help of our respondents we can understand that most of the people do know about the act and a very few of them have seeked redressal for the same, whereas most of them do not seek redressal as they are late to do so or the product was in perfect condition so they did not file a complaint. COPRA being such a common law is not known by 10-20 percent of in Indian population. Sample Size Since our goal is to reach the whole country in a short span of time, our target for sample size is about 100. By this we can determine how many people really know about their rights and how many did not. By this we can help the people who did not know about it and educate them about their
  • 26. 25 rights so that the next time they are not exploited in any way and they can seek redressal for the same. Plan for Analysis We conducted the analysis through google forms. Through google forms we asked the people to answer a set of questions which were mainly Multiple Choice Questions (MCQs). As we wanted a lot of responses we sent the link to a group of people individually and posted it on our social media so that we can get a lot of responses. Social media being a huge platform helped us get a lot of responses. We interpreted our statistical data via pie charts and tabular forms, which makes it easier for analysis. By conducting MCQ we get to know what they practice and how concerned they are about their products reaching them in a more systematic form and to see how educated people are to get what is theirs and what is really theirs. Objectives The objective of this study is to check if the citizens of the country know about their rights and responsibilities as a consumer and are they using it wisely. Majority of the citizens do not know about the law, so they don’t take action but the ones who do they go to the very extent of getting what is theirs. This study will help us find out about how many people follow the law and how many are being exploited. The main objectives of the Act is to provide better and more comprehensive protection to consumers as well as effective protection against various forms of exploitation such as faulty goods, troubled services and unfair trading practices. It also provides simple, fast and inexpensive equipment to redress consumer complaints. Even when we order products from online websites like Amazon we tend to get a wrong product or the seal of the package is broken or anything else, some of us do not file a complaint with Amazon thinking the product we ordered is right and there’s no problem with it. But it is very important for us to return these products and file a complaint as we do not know what could have been done to them and with the help of Consumer Protection Act we can get the right products. It will help provide better protection for consumers, a fast redressal to the consumers grievances, help create a framework for seeking redressal, it will provide rights to consumers that are forgone and safeguard the rights of the customers.
  • 27. 26 1.This will help with better protection of consumer interests and, more specifically, to provide for the establishment of consumer councils and other authorities to resolve consumer disputes and related matters. 2. It seeks to promote and protect consumer rights such as: (a) the right to be protected from the marketing of dangerous goods and health products; (b) the right to be informed of the quality, quantity, strength, purity, quality and price of the goods to protect the consumer from improper commercial practices; (c) the right to be guaranteed, where possible, to access affordable property authorities; (d) the right to a hearing and assurance that the interests of consumers will be taken into account in appropriate courts; (e) the right to seek redress for unfair trade practices or unfair consumer exploitation; and (f) the right to consumer education. 3. These items are required to be developed and protected by the Consumer Protection Council in order to establish them at Central State level. 4. To provide a quick and easy solution to consumer disputes, judicial equipment is required to be set at regional, State and Central levels. These sub-jurisdictions will consider the principles of environmental justice and be empowered to provide assistance in a particular way and to provide, where appropriate, compensation to consumers. Penalties for non-compliance with orders issued by judicial structures are also provided. 5. The Bill seeks to achieve all the objectives in a more timely manner. It is a consumer's responsibility to know the following: • Obligation to know - Consumers must be aware of the safety and quality of products and services before purchase. • Responsibility for independent thinking - Consumers should be well concerned about what they want and need and therefore make independent decisions. • Obligation to speak openly- Consumers should not be afraid to talk about their problems and tell traders what they really want.
  • 28. 27 • Complaint liability - It is the consumer's responsibility to express and lodge a complaint against their dissatisfaction with goods or services in a complaint and hournable manner. • Responsible consumer obligation - The consumer must act responsibly and not engage in any fraudulent activity. Plan for Data Collection Our plan is to collect the data through a questionnaire. Google Forms survey management software installed as part of the free Google Docs Editors site provided by Google. This service also includes Google Docs, Google Spreadsheets, Google Slides, Google Drawings, Google Sites and Google Keep. Google Forms is only available as a web application. Google forms really have helped us reach out to many people and get us our answers. The current study is quality and testing. In research, the literature available on consumer protection and welfare, in the context of India has been examined and on the basis of the provisions of the Consumer Protection Act of 1986 and its implementation, opinion, is being developed. By coming to a conclusion, the literature available on the subject, the various judgments of cases and the provision of a well-studied action. The researcher also contacted clients, government officials, correctional judges, and academics and obtained their views on the matter.
  • 29. 28 CHAPTER - 4 ANALYSIS AND INTERPRETATION A survey was conducted by us through Google Forms to know how much of the general public is aware about the Consumer Protection Act (COPRA), 2019. The questions were either situation-based or tested the theoretical knowledge of the people about the act, and mainly consisted of multiple choice questions. It was spread across different parts of the country and to people belonging to different age groups. For most of the parts, our interpretation would be age- based. More than 100 responses were received. Out of those, 48.1 percent of people belonged to North India, 31.1 percent belonged to South India, 18.9 percent to East and 1.9 percent to West. Out of the total respondents, 71.7 percent of people belonged to the age group 13-20 years, 23.6 percent to the age group of 21-28 years, 1.9 percent to the age group of 37-44 and the rest (2.8 percent) were the people who were of the age of 45 years and above.
  • 30. 29 Although COPRA seems famous enough, about 19.8 percent people did not have any idea about it and 80.2 percent were aware of the act. Out of the 21 people who did not know about the act, 16 people belonged to the age group of 13-20. So around 20 percent of the teenagers had no idea about the Consumer Protection Act, 2019. Age Group Number of respondents Unaware of COPRA Aware of COPRA 13 - 20 76 16 60 21 - 28 25 4 21 37 - 44 2 0 2 45 and above 3 1 2 TOTAL 106 21 85
  • 31. 30 To further empower the Consumer Protection Act (2019), the Central Consumer Protection Authority (CCPA) was set up by the Central government. Apart from regulating the matters related to unfair trade practices and violations of consumer rights, it also looks at the matters related to misleading advertisements. The authority can impose upto Rs. 10 lakh of penalty on a manufacturer or an endorser in the case of a misleading or false advertisement. When it was asked to the respondents if they knew that “false advertising” is an offence according to the Consumer Protection Act, 2019, 91.8 percent people had the knowledge whereas 9.2 percent people did not. For filing a case against a violation of consumer rights, a person should have a bill/receipts as the proof of purchase and cannot proceed to the consumer court with it. Many companies even offer a special discount/free product if a customer does not get the bill because of some issue. The respondents were asked if they always asked for a bill/receipt after the purchase of goods and/or services. About 83.5 percent of people used to ask for the bill/receipt, whereas the rest 16.5 percent of people did not.
  • 32. 31 The next concern was the retainment of the bill/receipt. Even if a person asks for a bill/receipts, the person would still need to keep it safe as they may not be able to avail the benefit of their case proven genuine without a proof of trade. After questioning the people, it was found that only about 58.8 percent of the people retained their bills/receipts for some time and the other 41.2 percent were not concerned for keeping them. Age Group Asks for a bill/receipt Does not ask for a bill/receipt Retains the bill/receipt Does not retain the bill/receipt
  • 33. 32 13 - 20 51 9 35 25 21 - 28 16 5 13 8 37 - 44 2 0 0 2 45 and above 2 0 2 0 TOTAL 71 14 50 35 From the responses, it was surprising to discover that 12.9 percent of people were not known about the three tiers of consumer redressal forums and 24.7 percent of the people did not know that they could seek redressal for little things too.
  • 34. 33 The survey revealed that there were only 7.1 percent of people who claimed to have never received a defective product/service whereas 23.5 people were not sure if they did. The rest 69.4 percent of people had received a defective product or service some time in their life. This figure, alone, is enough to realise the need of a law for the protection of the consumer rights and help them in such situations. Analysing the further responses, it was found that only 55.3 percent of people complained for the defective product/service that they received. When asked for the reason for not complaining about the same, following were the reasons listed out by people: ● 27.5 percent of people thought that the product/service was cheap so they should not care about the defect ● 37.7 percent of people were reluctant to “waste” their time for that ● 11.6 percent of people thought that they were too late to complain for the same ● 8.7 percent of people were not aware of the available redressals ● 37.7 percent of people believed that the product/service did not harm them in any way so they could ignore it
  • 35. 34 ● 14.5 percent people were reluctant to file a complaint because when they did the same some time in the past, they did not get a satisfactory solution ● 2.9 percent of people were afraid of the long procedures for redressals against the big corporates ● 1.4 percent of people did not think that it was necessary for them to complain ● 1.4 percent of people returned the product successfully to the shopkeeper ● 1.4 percent of people got the product replaced without hassle
  • 36. 35 Age Group Received a defective product Did not receive a defective product Complained Did not complain 13 - 20 55 5 33 22 21 - 28 20 1 12 8 37 - 44 2 0 0 2 45 and above 2 0 2 0 TOTAL 79 6 47 32 When a person files a complaint, he/she expects the law to back them up with an adequate decision. When the respondents were asked to state the level of satisfaction, on a scale of 1 to 10, they procured from the redressal, most of the respondents had a positive response but only 6.9% of them could rate it as a 10. As much as 26.4% of the people were neutral about the level of satisfaction as they rated it a 5 or a 6.
  • 37. 36 After collecting the above data to know in depth about the level of awareness the consumers have about COPRA,2019, people were asked to provide suggestions for any kind of changes that they thought were necessary in the act. Although most of the people thought that there were no changes required, a few people focussed on the following points: Do you think there are any amendments/changes required for COPRA, 2019? 1 To make it more accessible to the consumers 2 Yes, you should spread awareness among uneducated groups and enable them to speak for themselves. 3 There are many cases which are registered but the judgment needs to get as soon as possible 4 Quick solving of grievances would be great. 5 Divide consumer courts for different segments so the cases can proceed in a much faster and convenient way 6 The Act has been perfectly drafted, only the mindset of people must change to exercise their rights. 7 The actions must be taken little fast and efficiency should be increased 8 Aware more people about it 9 The laws should be better executed and there should be more spending on consumer education. From the observations above, it can be seen that the Consumer Protection Act, 2019 is widely known to most of the people out of the sample chosen but around 20% did not know about it which is a drawback since those people would not be able to benefit from the act and have a higher risk to be exploited. People suggested that the act should be more accessible to the consumers and it’s awareness should be spread amongst uneducated people. Working on these could help the government reach a better percentage of people. Through the sample’s responses, it can be interpreted that most of the population is aware about the basics of COPRA, 2019, like “False Advertising” being an offence under the act and this provides a positive view of people’s knowledge of the act and the question which arises is that, “Are the people are actually implementing their knowledge to raise voice against the exploitation that they might be facing?” Through our questionnaire, we discovered that around 70% of the people came across a defective product/service during their lifetime but only 55.3% of the people complained about the same.
  • 38. 37 Majority of the people did not complain because the product did not actually harm them in any way or it was cheap but there is a reason of concern too since a lot of people did not complain only because they did not want to “waste time” on it as they thought that it would be a lengthy process with delayed justice whereas many people complained in the past and did not get a satisfactory resolution and this is loophole in the act which many people mentioned in the suggestions part of the questionnaire. People want a division of consumer courts for different segments so the cases can proceed in a much faster and convenient way. In a nutshell, some segments are deprived of the knowledge of the act and must be taken care of by the government and the segments who know about the act need to be assured of a satisfactory and quick solution in order of them to be entrusting their time with the law.
  • 39. 38 CHAPTER - 5 CONCLUSION Findings of the Study Through the survey that was conducted we wanted to find out how many people are aware of their rights and in which zone of the country. As well as the different age groups as per our survey the 13-20 age group does not know about the Act than the ones above the age group of 28+ Our responses were mainly from North and South. To further empower the Consumer Рrоteсtiоn Асt (2019), the Сentrаl Соnsumer Рrоteсtiоn Аuthоrity (ССРА) wаs set uр by the Сentrаl gоvernment. Араrt frоm regulating the matters related to unfair trade рrасtiсes and violations of consumer rights, it also lооks аt the matters related tо misleading аdvertisements. Fоr filing а саse аgаinst а viоlаtiоn оf соnsumer rights, а рersоn shоuld hаve а bill/reсeiрts аs the рrооf оf рurсhаse аnd саnnоt рrосeed tо the соnsumer соurt with it. Mаnу соmраnies even offer a discount/free product if a customer dоes nоt get the bill because оf sоme issue. Age Group Number of respondents Aware of COPRA Asks for a bill/receipt Retains the bill/receipt Received a defective product Complai ned 13 - 20 76 60 51 35 55 33 21 - 28 25 21 16 13 20 12 37 - 44 2 2 2 0 2 0 45 and above 3 2 2 2 2 2
  • 40. 39 TOTAL 106 85 71 50 79 47 From the responses we got, we found out that most people complained about the defective products they have received. Those who did not complain for the same were asked why they didn't do so and a lot of them said it was because it was a waste of their time and people believed that the product/service did not harm them in any way so they could ignore it. When а рersоn files а соmрlаint, he/she exрeсts the lаw tо bасk them uр with аn аdequаte deсisiоn. When the respondents were аsked tо stаte the level оf sаtisfасtiоn, оn а sсаle оf 1 tо 10, they рrосured frоm the redressаl, mоst оf the respondents hаd а positive response but оnly 6.9% оf them соuld rаte it аs а 10. As much as 26.4% оf the рeoрle were neutral аbоut the level of satisfaction as they rated it а 5 оr а 6. By conducting this questionnaire we found all the information we thought would be important for our research. We got responses that helped us get answers to questions we found important and the responses we got were very diverse as it was from different age groups. Implications of the study on the Government Business Organisations The government seeks redressals for the damaged goods. But are the consumers happy and satisfied with the responses they get? Are the redressals they give good enough for the consumers to stay loyal to that company? The more the government helps the people of the country seek redressal the more people will be able to fight for their rights. People will have satisfaction that their being heard and something about that is being done. The better the faster consumers are given what they deserve the more they will want to believe in the Government for things to be done.
  • 41. 40 Implications of the study on Business Organisations The more the citizens raise a voice the more the business will know about the problem with their products and with the help of that, they can make the product better for future customers and that will help the company and the customers as well. There are businesses that do customer reviews and take them very seriously as they need to maintain a brand reputation and this is only possible if there are honest customers who put their opinion out there when they do not like a particular product from a brand they are very loyal to. It is very important for the company to be transparent about the products they are making, for instance, in case of makeup, they need to be specific on what formula they are using so that in case someone has an allergy they can avoid that product. It is very important for the customer to know what is being used and not for a better customer relationship. Implications of the study on GeneralPublic Whenever a law is brought into the picture, it not only has an effect on the government or businessman, it directly or indirectly affects the general public too. While considering the Consumer Protection Act, 2019, it directly has an impact on the people of the nation as they are the consumers and the act revolves around their rights. While conducting this study, it was found that many people who are aware about the act choose to stay quiet even if they are a victim of an unfair trade practice. This study would help us spread knowledge about the act and the redressals to the government, traders, manufacturers and general public. The findings of the study could be an eye-opener for the government and hence, can help them to bring the necessary changes to the law and educate the people better about it so that the consumers could raise their voices as and when required. This leads to responsible consumerism and ethical trade practices. Limitations
  • 42. 41 Our study was based in India but most of the respondents of the questionnaire belonged to the North and South parts of the country and hence, a very low number out of the sample belonged to the East and West parts of the country and so, application of the study in those geographical areas might not be completely legitimate. The study focussed mainly on analysing the part of respondents that had at least some idea of the Consumer Protection Act, 2019 and did take into consideration the ones with no knowledge of the same. Due to lack of resources, we could only reach out to 106 participants for the research purpose and India being a vast country, this sample is too small to be 100% conclusive on the basis of the responses. Adding to that, most of our respondents belonged to literate culture. Our research study is based on the awareness of consumers about COPRA, 2019 and does not take into account the traders or manufacturers. Further scope ofstudy The above limitations could be eliminated by taking a bigger sample which is geographically spread across the country in approximately equal numbers. Further, illiterate people should also be considered for the study since they are also a part of the consumer group of India. Lastly, traders and manufacturers would also have a significant part in the research study because the act involves them as much as it involves the consumers as they should be the one to avoid conducting unfair trade practices in the first place. The above points could not be included in current study because of various time and resource based limitations. Also, reaching out to certain social groups was unsafe in the current pandemic situation.
  • 43. 42 References 1. THE CONSUMER PROTECTION ACT, 1986. (2002). National Consumer Disputes Redressal Commission 2. The Gazette of India. (2019). Ministry of Law and Justice (Legislative Department) 3. Sahoo, S., & Chatterjee, A. (2009). Consumer Protection - Problems and Prospects. SSRN 4. FAQs on Consumer Protection Act 2019. (2019). Department of Consumer Affairs 5. Supreme court issues notice on new provisions in Consumer Protection Act , (2021), India Legal 6. Palepu, A. (2021). CERT-In, RBI and Banks Working To Trach and disable phishing websites. Medianama 7. Kapoor, S. (2019).Effectiveness of Consumer Forums in India. PRAGATI Journal of Indian Economy 8. Jain,K. ( 2021). World Consumer Rights Day 2021: Know history, significance, consumer rights in India , DNA News 9. Haq,Z. (2021).As shopping goes online, e-commerce disputes rise to unprecedented Hindustan Times 10. Metha, A. , & Singh ,T. (2021). One-Sided Contractual Terms Constitute Unfair Trade Practice under Consumer Law in India. India Corporate Law 11. Rana,A ,& Gera, A. (2019). Consumer Protection Act, 2019 – Key Highlights For Product Manufacturers.Mondaq 12. Bhambhani,J & Shangari,P. (2020).The Consumer Protection (E-Commerce) Rules. Mondaq 13. Anand,U. (2021) . Old consumer cases won’t be transferred. Hindustan Times 14. Flat not allotted? RERA better option than consumer forum,(2021),Tribune News Service 15. 22% of consumer complaints linked to e-commerce sector, (2021),IANS 16. World Consumer Rights Day 2021: What is the importance of the day, know about Indian Consumer Protection Act,(2021),Zee News
  • 44. 43 17. Changes to the Consumer Protection Act- An Overview of the 2019 Act to understand the recent amendments to COPRA, (2021) .Helpline Law 18. Sarvaria ,Y.(2020),Consumer Protection Act, 2019: Key Takeaways. Mondaq 19. Sundd, S. , Srivastav,R. & Rajan, P.(2021),Consumer Protection Act, 2019: Key Features And Highlights, Mondaq 20. Bhat , R . (1996) ,Regulating the private health care sector: the case of the IndiHealth Policy and Plannin.Health Policy and Planning 21. Aradhya, Shankar , Acharya & ,Shashidhar .(2012),Consumer Protection Act – Awareness?.KMC Manipal 22. Patidar , S,(2013) ,The Consumer Protection Act, 1986 of India- 25 Years of Enactment: A Critical Study. Pacific Business Review International 23. Paliwal ,S &, Singh ,G. (2020) .Exclusion Of ‘Healthcare’ From The Definition Of ‘Service’: A Delusional Relief For Medical Professionals . Mondaq 24. Srivastava ,S , Srivastava,P ,& Ramasamy , J , (2014) .Scope of consumer protection act in medical profession in India. Research Gate 25. Hussaini ,W &, Singh ,S . (2020) .Consumer Protection Act 2019: Promising Transparency And Choices To Consumers . 26. Palepu ,A . Reports on banking, payments, fintech and crypto-curencies. Additional reporting on media regulations, data protection and other areas. Mondaq 27. Jain , K ,(2021). World Consumer Rights Day 2021: Know history, significance, consumer rights in India . DNA 28. Haq ,Z.(2021). As shopping goes online, e-commerce disputes rise to unprecedented levels. 29. Pattnaik , S &, Taygi , R ,(2020) . Consumer Protection Act, 2019: A Paradigm Shift ? . Mondaq 30. Rana ,A & Gera ,A ,(2019) . Consumer Protection Act, 2019 – Key Highlights For Product Manufacturers. Mondaq 31. Paliwal , S & , Rambhatia , R. (2020) . An Overview Of The Changes To Be Introduced By The Consumer Protection Act, 2019. Mondaq
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  • 46. 45 Questionnaire Title : Awareness of Consumer Protection Act, 2019 Questions: Section1 1. Which part of the country do you belong to? * A. North B. South C. East D. West 2. Which age group do you belong to? * A. 13 - 20 B. 21 - 28 C. 29 - 36 D. 37 - 44 E. 45 and above 3. Do you have any idea about the Consumer Protection Act? * A. Yes B. No If the person answers “Yes” in question 3 (Section 1), only then he/she moves to the next Section.
  • 47. 46 Section2 1. Do you know that even false marketing is also an "offence" under COPRA? * A. Yes B. No 2. Do you always ask for a bill/receipt for the purchases that you make? * A. Yes B. No 3. If yes, do you retain the bill/receipt? * A. Yes B. No 4. Are you aware of the three-tier Consumer Disputes Redressal Agencies, i.e. District, State and National? * A. Yes B. No 5. Did you know that you can seek redressal for things as small as an expired toffee or a torn pack of flour? * A. Yes B. No 6. Have you ever come across a defective product/service? *
  • 48. 47 A. Yes B. No C. Maybe 7. If yes, did you complain about the same? * A. Yes B. No 8. If you received a defective product/service but did not complain about it, what was the reason for the same? (Select all that apply) A. It was cheap B. You did not want to waste time in that C. You got late to complain D. You were not awareabout the redressals available E. Did not harm you in any way F. Complained about some other thing in past but did not get satisfactory solution so thought it would be better to stay quite G. Other: _____________ 9. On a scale of 1-10, how satisfied were you with the redressal you got after filing a complaint? 10. Do you think there are any amendments/changes required for COPRA, 2019? If yes, please state your reason for the same. *