Marketing and Consumer Protection
Core
Marketing identifies customer needs and satisfies them profitably. Functions include market research, product planning, pricing, promotion, distribution and after-sales service. The marketing mix is product, price, place and promotion; services add people, process and physical evidence. Segmentation divides the market; targeting selects segments; positioning creates a distinct image.
The Consumer Protection Act 2019 protects consumers against unfair trade practices, defective goods, deficient services and misleading advertisements. Consumer rights include safety, information, choice, being heard, redressal and consumer education. Complaints go to the District, State or National Commission. After the 2021 amendment, the District Commission handles claims up to ₹50 lakh, the State Commission above ₹50 lakh up to ₹2 crore and the National Commission above ₹2 crore. A complaint must generally be filed within two years of the cause of action.
Worked example
A consumer buys a refrigerator for ₹60,000; it fails within three months and the dealer refuses repair. The consumer can file a complaint before the District Commission because the claim is within its pecuniary limit. The complaint should state the defect and the relief sought, with supporting bills, and it is within the two-year limitation. Reasoning: choose the commission by claim value, not by the brand's size. A claim for compensation must be pleaded and proved.
Traps
Marketing is not only selling or advertising. A customer buys; a consumer uses. A guarantee is a seller's promise; a warranty is a contractual term. Do not ignore the 2021 pecuniary amendment. Limitation runs from the cause of action, not from the date of purchase alone. Misleading advertisements can attract penalties under the 2019 Act.