From Caveat Emptor to Caveat Venditor: The Consumer Protection Act 2019 And the Consumer Rights
Nigam S (2020) From Caveat Emptor to Caveat Venditor: The Consumer Protection Act 2019 And the Consumer Rights, Legal News and Views, Volume 34 No. 3 page 2 - 7
7 Pages Posted: 13 Jan 2021
Date Written: October 22, 2020
In the times, when the capitalism is creating a havoc and neo liberal economy has adversely affected the society while dismantling the rights of citizens as workers and consumers, the new consumer protection law seemingly strengthens the rights of consumers. In the evolving world of digital economy, many avenues are being created for electronic transactions when the consumers are being exploited in new ways. The law needs to keep pace with the changing socio-economic environment. In this context, seemingly, moving a step forward from the contract law principle of `Let the Buyer Beware’ (caveat emptor) to Let the Seller Beware’ (caveat venditor) the Consumer Protection Act 2019 (Act No. 35 of 2019) theoretically has ushered a reform in the field of consumer rights by introducing the concept of transparency in transactions and making the sellers and endorsers accountable for the products they are selling or endorsing. This law introduced the concept of product liability whereby manufacturers and sellers of products are made responsible to compensate for any harm caused to consumer because of defective product. The law also elaborates on the definition of `unfair contracts’ to protect consumers. This essay briefly examines the provisions of this new law which has repealed and replaced the Consumer Protection Act 1986 and suggests that the law should be implemented in its true spirit to pave a new way for democratic environment where citizens as consumers could be protected from exploitation in the free market economy.
Keywords: Consumer, Consumer Protection Act, Capitalism
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