The Consumer Protection Act, 2019

“A consumer is one who buys goods or hires services for consideration — but not for resale or any commercial purpose.” — Section 2(7), Consumer Protection Act, 2019

The Consumer Protection Act, 2019 repealed and replaced the 1986 Act (older question papers cite the 1986 Act — always check the year named).

Who Is a Consumer?

A consumer (Section 2(7)) is any person who buys goods or hires/avails services for consideration — including a user with the buyer’s approval — but not a person who obtains goods or services for resale or any commercial purpose. The Act confers six consumer rights (safety, information, choice, to be heard, redressal, education) and creates the Central Consumer Protection Authority (CCPA) to police unfair trade practices and misleading advertisements.

The Three Redressal Commissions

flowchart TD
    A["Consumer Disputes Redressal Commissions"]:::root
    A --> B["DISTRICT (S.28)<br/>up to ₹50 lakh"]:::leaf
    A --> C["STATE (S.42)<br/>₹50 lakh – ₹2 crore<br/>+ appeals from District"]:::leaf
    A --> D["NATIONAL (S.53)<br/>above ₹2 crore<br/>+ appeals from State"]:::leaf
    D --> E["Supreme Court"]:::sc

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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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A three-tier structure by claim value, with appeals moving up to the Supreme Court. An appeal from the District Commission must ordinarily be filed within 45 days.

Defect, Deficiency & Medical Services

A defect (S.2(10)) — a fault in the quality, quantity, potency, purity or standard of goods.
A deficiency (S.2(11)) — a shortcoming in the quality, nature or manner of performance of a service.
Product liability (Ss.82–87) makes a manufacturer, seller or service provider liable for harm from a defective product.
Medical services: a patient who pays for treatment is a consumer, and a doctor’s negligence is a deficiency in service — Indian Medical Association v. V.P. Shantha (1995). Wholly free treatment falls outside the Act (sue in tort instead).

✏️ Sample Solved Problem (IRAC Method)

Problem: P buys a sealed cold drink; inside the bottle is a dead insect. P falls ill after drinking it. Can he claim under the Consumer Protection Act, and against whom?

I — Issue

Whether a buyer of a defective sealed product is a “consumer” who can claim, and against whom, under the Consumer Protection Act 2019.

R — Rule

A buyer of goods for consideration is a consumer (S.2(7)); a foreign body in a sealed bottle is a defect (S.2(10)). Under product liability (Ss.82–87) the manufacturer is liable for harm caused by a defective product, and the buyer may approach the District Commission (claim up to ₹50 lakh). The neighbour principle of Donoghue v. Stevenson also gives a parallel negligence action.

A — Analysis

P bought the drink for consideration and did not buy it for resale — he is a consumer. A dead insect in a sealed bottle is a plain defect in the goods, and because the bottle was sealed, the manufacturer (not the retailer) is responsible for the contamination. P suffered harm (illness), satisfying product liability. He need not prove exactly how the insect got in — the sealed condition points to the manufacturer, echoing Donoghue v. Stevenson.

C — Conclusion

P can claim under the Consumer Protection Act 2019 as a consumer, against the manufacturer under product liability, before the District Commission — and may alternatively sue in negligence.

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