Author of “The Consumer Protection Act, 2019 : A Benefit & An Affliction”

Tell us about yourself ?

This is Harshada Gupta. Graduated in Bachelor’s of Arts under Political Science & Hindi Literature. Currently pursuing my 3 years LLB. Aiming to specialise in Human Rights and ADR.Since a child,I use to argue a lot with my parents, always use to fight on equality like, “why am I getting a half glass of milk compared to my brother’s full glass of milk?”; argue with my mother regarding the discrimination made between a girl and a boy and never ever apologized for being true.These qualities and struggling life made up my mind to become an Advocate.

Why do you find the definition of ‘Consumer’ in the 1986 Act, ambiguous? From your perspective, does the new law make it clear? 

As time changed, the needs of the consumer increased. And to fulfil these needs, the businesses came up with online portals where shopping was made easier for the consumers. But, with benefits there came disadvantages which badly affected the consumers. To overcome this difficulty, the MCAFPD did amended the very old act. This made me to consider the definition of consumer as ambiguous in the current scenario. But, as the new law has come, accordingly the consumer definition is amended and is clear, keeping in mind the reality.

What makes ‘Consumer Spending’ play the role of an operator in our economy? 

Consumer is the main operator of the economy. Consumer spending plays a vital role in the growth of GDP. Itaffects the demand scale which ultimately runs the market to increase the production, thereby increasing outputs, resulting in more employment and higher demand value. This helps the economy grow stronger.

In what ways will the New Consumer Law be an affliction for the sellers?

    

The new consumer law has come up with several new provisions which makes it easy for the consumer to consume, but hard for the sellers to sell. Provisions such as strict rules imposing on manufacturers and sellers before producing or selling any goods or services, provision of product liability, misleading advertising, endorsements with harder punishments increases the burden of responsibilities on their shoulders of not just producing for profit, but producing and selling keeping in mind the consumers profit too.

What according to you are the basic changes that we failed to inculcate in the New Consumer Law? 

      

The most important basic change that we failed to inculcate in the new consumer law was the need to meet the environment i.e. the challenge of developing eco friendly goods under consumerism.

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