CONSUMER PROTECTION ACT PDF
Short title. 2. Interpretation and application of Act. 3. Establishment of Consumer Commission. 4. Functions and powers of the Consumer Commission. 5. 1. This Act may be cited as the Consumer Protection Act. Short title. PART I. Interpretation. 2. 1) In this Act unless the context otherwise requires-. '"Ierpre- tation. NOTIFICATION. Dated the 20th January, S.R.O. No. Law/—In exercise of the powers conferred by section. 82 of the consumers' Right Protection.
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PDF | On Jan 1, , Madhav Madhusudan Singh and others published The Keywords: Consumer protection act (CPA), Professional. To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards. Establishment of Central Consumer Protection Authority. Qualifications . (1) This Act may be called the Consumer Protection Act,
This could affect the independence of these quasi-judicial bodies. Consumer Protection Councils will be set up at the district, state, and national level, as advisory bodies. The Bill does not specify whom the Councils will advise. If the Councils advise the government, it is unclear in what capacity such advice will be given.
The Act also recognises offences such as unfair trade practices, which include providing false information regarding the quality or quantity of a good or service, and misleading advertisements.
Over the years, there have been challenges in the implementation of the Act. A high number of consumers were unaware of their rights under the Act. In this context, the Law Commission of India had recommended that a separate law be enacted and presented a draft Bill in relation to unfair contract terms. However, the Bill lapsed with the dissolution of the 15th Lok Sabha.
Key Features Consumer Complaints The Bill sets up Consumer Disputes Redressal Commissions consumer courts to hear complaints on matters like: i defect in goods or deficiency in services; ii unfair or restrictive trade practices; iii excessive pricing; iv knowingly selling goods or providing services that do not meet safety norms; and v product liability.
Such complaints can be filed electronically and from where the complainant resides or works. These Commissions will be set up at District, State and National level, with pecuniary jurisdiction up to Rs one crore, Rs one crore to Rs 10 crore, and above Rs 10 crore, respectively.
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In case of unfair contracts, the State Commissions will hear complaints where the value is up to Rs 10 crore, and National Commissions will hear complaints above that value. These Commissions can declare unfair terms of such contracts to be null and void. Appeals from the National Commission will be heard by the Supreme Court.
The Commissions will attempt to dispose a complaint within three months, if the complaint does not require analysis or testing of commodities. If analysis and testing is required, the complaint will be disposed within a period of five months.
Who are we ?
The District Commissions will consist of a President and at least two members. The State and National Commissions will consist of a President and at least four members. The qualifications, tenure, and method of appointment and removal of the President and members of these Commissions will be prescribed by central government through notification. The Commissions may refer a matter for mediation if the parties consent to settle their dispute in this manner. It will be headed by a Chief Commissioner and comprise other Commissioners.
It will have an investigation arm headed by a Director General. It may: i issue safety notices; ii pass orders to recall goods, prevent unfair and restrictive trade practices; iii reimburse purchase price paid; and iv impose penalties for false and misleading advertisements. It may also file complaints before the Consumer Disputes Redressal Commissions. The Councils will advise on promotion and protection of consumer rights. Under the Bill, the Central and State Council will be headed by the Minister-in-charge of Consumer Affairs at the central and state level, respectively.
The District Council will be headed by the District Collector.
Product Liability The Bill allows a person to make a claim of product liability against a manufacturer, seller, or service provider for any defect in a product or deficiency in a service. A claim for compensation may be made for any harm caused, including: i property damage; ii personal injury, illness, or death; and iii mental agony or emotional harm accompanying these conditions.
Unfair contracts A contract is said to be unfair if it causes significant change in the rights of the consumer, which include the following: i requiring excessive security deposits; ii imposing a disproportionate penalty for a breach in contract; iii refusing to accept early repayment of debts; iv terminating the contract without reasonable cause; v transferring a contract to a third party to the detriment of the consumer without his consent; or vi imposing unreasonable charge or obligations which put the consumer at a disadvantage.
The State and National Commissions may determine if the terms of a contract are unfair and declare such terms to be null and void.
Unfair and restrictive trade practices An unfair trade practice includes: i making a false statement regarding the quality or standard of a good or service; ii selling of goods not complying with standards; iii manufacture of spurious goods; iv non-issuance of a receipt for a good or service sold; v refusing to withdraw or refund goods or services within 30 days; or vi disclosing personal information provided by a consumer to any other person.
A restrictive trade practice is one that imposes unjustified costs or restrictions on consumers, including: i delays in supply that lead to increase in price; and ii requiring purchase of certain goods or services as a condition for procuring any other goods or services. The CCPA may take steps to prevent and discontinue unfair and restrictive trade practices. The District, State or National Commissions may order the discontinuation of unfair and restrictive trade practices.
Penalties If a person does not comply with the orders of the District, State or National Commissions, he may face imprisonment up to three years, or a fine not less than Rs 25, extendable to Rs one lakh, or both. If a person does not comply with an order issued by the CCPA, he may face imprisonment of up to six months, or a fine of up to Rs 20 lakh, or both.
For false and misleading advertisements, a penalty of up to Rs 10 lakh may be imposed on a manufacturer or an endorser.
For a subsequent offence, the fine may extend to Rs 50 lakh. The manufacturer can also be punished with imprisonment of up to two years, which may extend to five years in case of every subsequent offence.
From Wikipedia, the free encyclopedia. Legislation in India. Main article: Consumer Court.
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Retrieved 10 December Archived from the original on 21 July Retrieved 18 December Consumer Law India. Retrieved Indian legislation.
Retrieved from " https: Hidden categories: Namespaces Article Talk. Views Read Edit View history. This page was last edited on 11 April , at The Consumers Association or the statutory consumer protection body — Consumer Focus — via a super complaint.
The act was passed in Assembly in October and came into force on December 24 The complaint can be filed by both the consumer of a goods as well as of the services. These Commissions can declare unfair terms of such contracts to be null and void.
It will have an investigation arm headed by a Director General. These include bills of lading and other documents of title, negotiable and certain non-negotiable instruments. What was once international and customary law has become a national and fixed body of law by the use of case law and precedent.