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All you need to know about the Consumer Protection...

The Consumer Protection Act, 2019 ("Bill"), seeking to replace the erstwhile Consumer Protection Act of 1986 ("Act"), was ratified by the Lok Sabha on December 20, 2019, and it awaits approval of the Rajya Sabha. The Bill focuses on implementing consumer rights along with the timely and effective resolution of consumer disputes.The crux of the existing Act includes goods and services that are considered exclusions are free and personal services. The Bill will widen the scope of the existing Act covering and regulating goods and services, including telecom and housing construction, as well as all modes of transactions inclusive of online, teleshopping, and so on for consideration. Newer concepts like 'product liability' aims at addressing the altering dynamics of the consumer markets.The inclusion of new definitions like 'e-commerce' in particular, will seemingly widen the ambit of the Act to include the e-commerce sector in particular, which is excluded in the existing Act. Point to be noted, "Consumer" has been defined and explained inclusive of consumers purchasing goods or availing services by using online platforms including Airbnb, Quikr and Flipkart. The Bill will regulate online shoppers as well as the traditional consumers purchasing or availing goods and services from brick and mortar shops.Some prevalent concepts like the 'Complainant' will include Central Consumer Protection Authority which the Bill aims at establishing, and the parent or legal guardianship in regards to a minor consumer. The complainant, besides the existing rules under the Act, can now lodge a complaint against a trader or a service provider alike for being a party to an unfair contract and can also stake a claim for product liability. Furthermore, owing to the Bill the complainant has the option of filing the complaint through electronic media and getting in touch with the consumer disputes resolution authorities from the comfort of one’s home or business. In all likelihood introducing the provision of 'product liability' is one of the most crucial features of the Bill. The current Act hasn’t got any provision for 'product liability'. The concept of 'product liability' has been introduced through the bill permitting complainants to stake a claim of product liability against the manufacturer of a product or a service provider if the product is defective or if the service is deficient in any way, shape or form. The product manufacturer shall be deemed liable in a product liability class action if there is a manufacturing defect in the product including design defects, deviation from the manufacturing specifications or explicit warranty, or instructions are inadequate for use. Point to be noted, the product manufacturer can be held responsible or liable even if there isn’t any proof of negligence or fraud in making the explicit warranty of a product.A product service provider’s liability arises, if the quality of the service delivered was faulty or imperfect or deficient or inadequate in its nature or the performance levels or there may have been acts of omission or commission or even negligence or any pertinent information may have been wilfully withheld causing irreparable harm or the instructions or warnings issued by the service provider may have been inadequate for the prevention of any harm or the service hasn’t been conforming to explicit warranty or the contract’s terms and conditions. Besides, the Bill provides for product liability of a seller who may not be a product manufacturer in special cases.The Bill further aims at establishing a Central Consumer Protection Authority for expedited and efficient judgments of consumer complaints. Besides regulatory functions, the Authority has suo motu powers to inquire about any aberrations of consumer rights.An appeal can be filed by an aggrieved person on the basis of an order decreed by the new Central Consumer Protection Authority, to the National Commission. Besides, the Bill vests advisory functions on the current Consumer Protection Councils and provides for these Councils to be established at district, state, and national levels.The Bill brings forth provisions enabling mediation to be an alternate remedy. Resolving consumer disputes through mediation will reduce the burden to a great extent on the consumer disputes resolution authorities and the dispute resolution process would be expedited.One particular provision of the Bill imposes a penalty on the manufacturer or the manufacturer or service provider is penalized for putting up a fake or misleading ad that is prejudicial to the consumer’s interest. Both the endorser and publishers of fake and misleading advertisements have to pay a hefty penalty and are even banned for a few years on offenses subsequently. While this may seem like a positive change, the possibility of a frivolous lawsuit against the celebrities exists for monetary or personal gain.Besides, the Bill considers a contract 'unfair' if it’s the cause of material alterations of consumers’ rights. The State and National Commissions may ascertain if the contract terms are unfair and proclaim such terms null and void.Last but not the least,  the government is empowered by the Bill to create rules for preventing unfair trade practices in e-commerce, direct selling and to safeguard the vested interests and entitlements of the consumers resulting in effectively resolving issues that arise from online transactions and blooming e-commerce marketplace.With the era driven by the internet emerging and with the growth of e-commerce has besides providing user-friendly options and opportunities for online consumers has paved the way for the newest versions of unfair trade and unethical business practices. The Consumer Protection Bill, 2019 will be protecting consumer interests and keep the consumer protection laws up to speed with the altering dynamics of the consumer market and the newer market trends.Contact 7604047601 for a consultation with a registered expert consumer protection lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

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How to file consumer case for online shopping

HOW TO FILE A CONSUMER CASE FOR ONLINE SHOPPING Online shopping is the activity of buying and selling of goods over Internet. Online shopping is the most preferred way of shopping today because of its convenience and easy access. Also, people get more variety and options in online shopping. In this blog, I shall discuss the details about the consumer rights and awareness and also how to file a consumer case for online shopping.Let us first discuss the basic details: -1.    Who is a Consumer?2.    What is Consumer Awareness? 3.    Consumer Rights4.    Responsibilities of a Consumer WHO IS A CONSUMER? A consumer is an individual who purchases goods and services for own consumption and not for resale. He/ She makes his/ her own decision on whether to buy an item or not and is influenced by advertisement and marketing schemes. WHAT IS CONSUMER AWARENESS?The act of making consumer aware of the information about product, goods, services, and consumer rights is called Consumer Awareness. Consumer awareness is important so that buyers can take right decision and make the right choice.CONSUMER RIGHTSConsumer Right is an insight into what rights consumer holds when it comes to seller which provide the goods.A consumer holds various rights such as: -·      Right to Safety·      Right to Information·      Right to Choose·      Right to Heard·      Right to seek Redressal·      Right to Consumer Education   RESPONSIBILITIES OF A CONSUMERAs an aware consumer, there are certain responsibilities which an individual need to carry in order to bring further changes in the society. Apart from this, it would also benefit the other consumers and help them to fight the unfair practice and be aware of it.Ø Consumers should be aware of their rights under the Consumer Protection Act and must practice the same if needed.Ø Before buying anything, the consumer should be well aware of the product. Ø If by any chance the product is found not satisfactory or false, a complaint should be immediately filed.Ø While making a purchase the consumer should ask for a cash memo always.Ø While making purchase, a customer should always check the standard marks which have been introduced for the genuineness of the quality product like ISI, Hallmark, etc.With the advancement in technology and time, we can see changes in almost every field. Technology has changed our lives in a drastic way. Life has become easy and convenient and one of its adverse effect can be seen in Online Shopping. Online Shopping has replaced the traditional mode of shopping and people seems to adapt it very quickly. There are various sites for online shopping and it has made shopping really convenient and commodious.ONLINE SHOPPING: AN INDIAN PERSPECTIVEWith the forthcoming of Internet, online shopping has been referred to, as a website, where the goods or services are sold off directly by means of shopping cart and permitting mode of payment through card system. Also, it contains guiding the business with the assistance of electronic mass media, creating the practice of IT likewise, electronic Data Interchange. In last few years, India too embraced e-commerce as a newer and modern face of business entrepreneurship. Since 1991, after India’s economy was liberalized with an outlook to assimilate through the world economy, the prerequisite to assist over with policy and procedural reforms in international trade has become the basis of countries vocation and monetary policies. Accordingly, past few years have perceived a revolution in technology with the extensive growth of the Internet, along with the application together with other technologies. Now online commerce or electronic commerce as a portion of IT uprisings has become extensively used in global trade as well as the Indian economy. PROS AND CONS OF ONLINE SHOPPING.At present internet can be a great resource for shoppers looking to expand their choices of products to buy and is an invaluable way to save money. Online shopping sites are highly competitive, not only with other online stores, but also with brick-and-mortar competitors. The price-comparison websites makes deal hunting easier and also help guide shoppers to online stores with the best reputations by posting reviews submitted by other shoppers. Advantages of online shopping include stores offering no shipping charges and free ship-to-store options. Many online stores do not pass on sales tax (unless required by the state) to customers, which can add up to substantial savings for those shoppers who buy primarily online.There are many other advantages of shopping online like: -Ø The stores are almost never closed.Ø Online shoppers save on gas.Ø There are no parking hassles.Ø Online shoppers rarely have to deal with aggressive salespeople.Ø There are no annoying crowds.Ø Online shoppers do not have to wait in long lines to check out.Ø Many online retailers allow shoppers to post reviews about the products that they purchased.Ø There are more choices for buying refurbished products.Ø Online sales representatives often receive more intensive product training than those at the local stores.Ø Online sale representatives have more flexibility with making decisions such as applying coupons, meeting competitors' prices and expediting shipping at no extra charge.Disadvantages of Shopping OnlineMany a times a deal that looks great falls short of what has been advertised. Online communication is difficult and thus it takes enormous patience and tenacity to get satisfaction. Besides, problem solving face to face with local store employees is often faster and more satisfying. Linking with the next level of management is much easier at local stores than online.There are many other disadvantages of shopping online like: -Online shoppers do not have the ability to physically inspect or try on the items being considered for purchase.Erstwhile online shoppers sometimes lose the power to negotiate the price and payment terms that may exist in local stores.Products ordered online are sometimes back ordered but shoppers may not find out until weeks later. This is particularly problematic when buying gifts.Consumers do not always know if a site is a legitimate retail store and if is safe to shop.Shipping and restocking costs are often charged on returns.Online buyers often do not have a person (or the same person) to talk to when dealing with a problem.Not always it is easier to get money refunded locally when the item purchased drops in price within the guaranteed price period.Online buyers do not get to take advantage of seasonal state wide tax-free shopping events.THE BOTTOM LINECustomers save money and frustration by taking the time to learn the policies of both online and local stores before making a purchase. As well as there are hidden charges like restocking fees at some online and local stores. And besides the restocking fee may increase the longer it takes the shopper to return an item.Moreover, it takes longer to ship a product back to an online store than it does to return it to a local shop, it might be the deciding factor on where to make the purchase.Return policies and its small print sometimes states that shoppers must pay to ship products back, even when items arrive with a defect whereas it not uncommon for online store to deduct the original cost of shipping the product from the return invoice. In case if a shopper is uncertain of a purchase they are making, knowing the return policy of the online store might affect their decision to shop locally instead.Nevertheless, another point to consider is how repairs are handled on the products being purchased. Well it might be easier to return a faulty product to the local store for repair, rather than going through the trouble and expense of shipping it back to an online store.Going through Customer Service Policies at online and at local stores must provide shoppers with clear answers on all fees and guarantees. Vague policies might lead in customers moving to different stores and thus it results in lose.                             CONSUMER EXPLOITATION Though shopping has become convenient and secure, still there are complaints and cases where we see consumers getting exploited in various ways. Following are some of the ways in which consumer gets exploited.·      Selling goods at higher prices.·      Product risk·      Adulteration·      Sub - standard products·      False claims But there are measures to protect oneself from consumer exploitation: -·      Consumer Education·      Purchase of standardized goods·      Taking cash memo and receipt·      Not to be lured by advertisements·      To complaint collectively·      To verify expiry date  Well, these were the traditional ways of exploitation. Even online shopping which claims to be safe and secure isn’t really the same. Customers from worldwide has complaints from online shopping sites that they were cheated by the seller. Nevertheless, there are various websites which claims to give real and good products but turns out to be opposite. And also, at present there are more fake sites which fools the customers and advances money with the promise to deliver the products on time. Some of the ways in which consumers get exploited in online shopping are as follow: -·      Wrong products delivered·      Duplicate products delivered·      The product shown in the image was not the exact product when delivered·      High amount charged including the shipping charges·      Delivery was not on time·      If you want to return a product without any manufacturing defect then the company may ask you to pay the shipping, packaging & delivery chargesApart from all these, we often get to see cases where in case of online transaction the account details were hacked or also after the payment the goods were not delivered and money was not refunded.  WAYS TO FILE A CONSUMER CASE FORONLINE SHOPPINGNowadays there are many fraud cases which comes through online shopping website. At present there are few online shopping websites who want lots of profit by hook and crook. Owners of these websites are just focusing on revenue of the website, which eventually results in cheating consumer by fake advertisement and also, they give bumper offers to tempt the consumer and at the end customers are lured by such offers. Erstwhile excessive bill, defective product delivery, bad customer support, and many more reasons are faced by a consumer.          You can also file a complaint with: -                                              ü The Federal Trade Commission at www.ftc.govt/complaintü The respective State Attorney General using contact information at naag.orgü In case the above do not work out then you also have an option to file a case in the country’s State Consumer Protection AgencyThe Consumer Protection act, 1986 in India is governed by Department of Consumer Affairs, Ministry of Consumer affairs, Food and Public distribution, Government of India. There are many online portals opened these days and day by day number of these portals is increasing.When a consumer buys product from online portals or other local portals, he /she is not able to see the physical product and thus many companies takes the advantage to make more profit from innocent and unaware customer.Nevertheless, when a consumer has been a victim of online fraud such as: -Ø Items not deliveredØ Same impression of product SentØ Cheap and used products deliveredØ Instead of expensive products ordered, cheap products were sentØ Return policy were not given, etc.But nowadays consumers are aware about their rights and so they take action against online frauds by complaining to the authorities. It is easily accessible and hassles free and thus actions can be done online also.Ø Well, in order to file a case, there has to be certain deficiency in the service of the website.Ø And also, it is important to note that before going to court, you will have to send a formal notice to the company giving them an opportunity to rectify their mistake. If these conditions are not fulfilled, you will not be able to go to Court. At present, to file a case just go to District Consumer Forum where you can file a complaint by submitting required documents. You can even visit website of National Consumer Helpline.CONCLUSIONOnline Shopping is both boon and bane at the same time. If used wisely can be of great benefits but on the same hand can be misused also. Consumer needs to be aware about the shopping websites and also the frauds coming up these days. There are various measures to protect oneself from consumer exploitation and thus consumer education is compulsory so that the message reaches to all.        

Posted By

Neha Roy

8 months ago

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Consult Top Consumer Protection Lawyers in India

J S  Pawar

J S Pawar

Lawyer
Exp
Mumbai , Maharashtra

Specialization

  • Consumer Protection
  • Civil
  • Criminal
  • Adoption
  • Family
I am an ex Army person practising as Lawyer in Bombay High Court with civil n criminal, consumer, testamentary, rent, property adoption, bail, anticipatory bail, appeals n revision matters View Full Profile
Total Answers Given : 324
Neeraj  Kumar

Neeraj Kumar

Advocate
Exp
Patna , Bihar

Specialization

  • Consumer Protection
  • Cheque Bounce
  • Employment and Labour
  • Bankruptcy and Debt
  • Contracts and Agreements
I am a practicing Advocate at Patna High Court & Delhi High Court having experiences in handling the cases related with Family Disputes, Property Disputes, Service Matters and also the matter related under SARFAESI Act. Apart from the above I am having experiences in Consumer and Labor Cases too. View Full Profile
Total Answers Given : 129
Viswanath  M K

Viswanath M K

Independent Attorney
Exp
Chennai , Tamil Nadu

Specialization

  • Consumer Protection
  • Property
  • Administrative Law
Specialize in land litigation and consumer cases View Full Profile
Total Answers Given : 58
Prashant  Mane

Prashant Mane

Advocate
Exp
Pune , Maharashtra

Specialization

  • Consumer Protection
  • Civil
  • Arbitration and Mediation
  • Cheque Bounce
  • Commercial
Iam Prashant Mane more than 10 year of experience in civil, contract, arbitration, consumer, labour, insurance, cheque bounce cases. I also have experience in corporate documentation. View Full Profile
Total Answers Given : 51
Advocate Upadhye & Associates

Advocate Upadhye & Associates

Director /Advocate/Head counsel
Exp
Pune , Maharashtra

Specialization

  • Consumer Protection
  • Divorce
  • Cyber, Internet, Information Technology
  • Corporate and Incorporation
  • Advertising
Chief Legal Counsel at Advocate Upadhye and Associates View Full Profile
Total Answers Given : 36
Rajeev  Srivastava

Rajeev Srivastava

Senior Advocate
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Consumer Protection
  • Motor Accident
  • Criminal
  • Divorce
  • Cheque Bounce
Practising since 1984. I am having good experience in handling the cases related with Divorce, Domestic violence, Maintenance, Criminal, Accident claims, Workmen's compensation claims . Real estate disputes, Insurance cases, and consumer cases including RERA View Full Profile
Total Answers Given : 13
Lawkhart  Legal

Lawkhart Legal

Founder Advocate of Mehrotra & Associates
Exp
Mumbai City , Maharashtra

Specialization

  • Consumer Protection
  • Cheque Bounce
  • Divorce
  • Domestic Violence
  • Will
I have been providing legal advice and services in various fields of law including Criminal law, Divorce law, Property Law, Default or Fraud Law. We specialize in providing quality and honest legal services at a reasonable rate, so that justice can become affordable. View Full Profile
Total Answers Given : 1
Tanu  Singhal

Tanu Singhal

Advocate
Exp
Delhi , Delhi

Specialization

  • Consumer Protection
  • Criminal
  • Civil
  • Family
  • Cheque Bounce
Advocate,Handling over 100 independent cases, at HIGH COURT OF DELHI, NCDRC, State Commission, all District courts across Delhi-NCR. Well versed with all the CIVIL Property disputes, all MATRIMONIAL MATTERS, Dowry, criminal complaints under section 156(3), 200,498A, 467/468/420,IPC,138 NIA, etc. View Full Profile
Total Answers Given : 1
Nidhi  Mathur

Nidhi Mathur

Managing Partner
Exp
New Delhi , Delhi

Specialization

  • Consumer Protection
  • Civil
  • Employment and Labour
  • Sexual Harassment at Workplace
  • Contracts and Agreements
20 years' experience in Legal & HR fields. Practicing in Supreme Court & Delhi High Court.Practice area include, Litigation,Civil Law, Family Law,Commercial Laws,Sexual Harassment Law, Labour Law, Real Estate, Consumer Law, Cheque bouncing,Contract drafting, NGO, Company Law matters, IPR, Insolvency View Full Profile
Precinct  Legal

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Consumer Protection
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
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  • What is consumer protection law?
  • Is there any specific Act or Rule for consumer protection in India?
  • How can one file a consumer complaint in India?
  • Where to file a consumer protection case?
  • What are the rights of a consumer?
  • What is purpose of consumer protection act?


Consumer protection laws aim at the protection of the interests and rights of consumers. These laws aim at changing the mentality of the market from “Caveat Emptor” (let the buyer beware) to “Caveat Venditor” (let the seller beware). In India, there is a statue called ‘The Consumer Protection Act, 1986’ which aims at safeguarding the rights and best interest of consumers.

The Consumer Protection Act, 1986 (COPRA):


This act focuses at advocating competition policy, prohibiting against abusing of a dominant position, prohibiting agreements which can be of an anti-competitive nature.

The intent behind this law is to solve the obstacles in promotion of competition amongst businesses operating under the Indian law. The COPRA is one of the Social Welfare Legislations.

This Act is applicable to all the goods and services until and unless it is specifically exempted by the Central Government. COPRA covers private, public & co-operative sectors, with its provisions having a compensatory nature. The provisions of this Act are powerful as they provide with simple & speedy processes for the solving of disputes. This Act provides for the application of Consumer Protection Councils ate various levels.

Appeal Process/Dispute Redressal Mechanism as per this Act:


There are three levels of adjudicatory authorities under this Act; they are the National, State, & District Level, which are known as National Commission, State Commissions, and District Forum. District Forum is composed of President and two members with graduation being the minimum educational qualification. State Commission is presided over by a Retired High Court Judge, and the National Commission is presided over by the retired Supreme Court Judge.

Pecuniary Jurisdiction of District Forum – matters upto Rs. 20 lakhs

Pecuniary jurisdiction of State Commission – matters upto Rs. 1 Crore

Pecuniary Jurisdiction of National Commission – matters above Rs. 1 Crore.

Proceedings before these adjudicatory bodies are dealt with in compatibility with the principles of Natural Justice.

How to file a Consumer Complaint in India:


  • Making of a complaint petition – this petition would include all the particulars of a case, for example, the precise complaint, arranging of the facts proofs and so on in an arranged manner.
  • Selecting the correct Consumer Court - while choosing the correct forum, the pecuniary jurisdiction (the extent of the value of suits which may be allowed) must be taken into consideration. Also the local jurisdiction of the various district forums must be given importance, for example in cases filed at district forums, one of the grounds for choosing the court can be the place where cause of action arises.
  • Submitting a mandatory statutory fee – the amount instructed by the concerned forum has to be deposited.
  • Filling in for Revisions & Appeals – as per the provisions of the COPRA, an appeal or a revision petition is available.

    Section 15 of COPRA says that a person may appeal to the State Commission, within 30 days from the date of order, but would have to submit Rs. 25,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 19 of COPRA says that a person may appeal, against the result of the State Commission, within 30 days from the date of order, but would have to submit Rs. 35,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 23 of COPRA says that a person may appeal, against the result of the National Commission, within 30 days from the date of order, but would have to submit Rs. 50,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    *Forums & Supreme Court may allow the appeal after the period of 30 days if they seem to find reasonable causes for the delay.

Miscellaneous:


  • Ravneet Singh Bagga v. KLM Royal Dutch Airlines and another (2000) – Supreme Court observed that the “deficiency in service cannot be alleged without attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of a contract or otherwise in relation to any service. The burden of proving the deficiency in service is upon the person who alleges it.
  • HDFC Bank Limited v. Balwinder Singh – The issue was of the bank, or its credit recuperation specialist, utilizing musclemen to take coercive repossession of the hypothecated vehicle and accordingly making physical badgering and mental injury to the complainant. The District Forum permitted the complaint and guided the bank to pay of Rs. 4 lakh for repossessing the vehicle in this way and exchanging it to an outsider. The State Commission affirmed the request in claim. Adjudicating the bank's revision petition, the National Commission communicated stun that the bank had employed musclemen specifically or through its recuperation specialists(recovery agent) to recoup the advance/repossess the vehicle. The Commission additionally alluded to the State Commission's request, which had observed that the alleged letter delivered by the bank implying to the complainant deliberately giving over ownership of the vehicle was untrustworthy and that no notice was given to the complainant at the phases of repossession and offer of vehicle. In rejecting the request, the Commission depended upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi [III (2007) CPJ 161 (NC)] where it had unequivocally deplored such practices. The Commission expelled the appeal to and granted Rs. 25,000 as exemplary costs.
  • Sehgal School of Competition v. Dalbir Singh – Complainant requested for refund on grounds of poor standards from the coaching school at completion of one year (it was a 2 year course). District Forum allowed it, eventually the other party filed a revision petition claiming that the provisions of the contract provide for the condition of unavailability of refunds. Commission eventually held that such a provision is heavily biased towards one side and should not be allowed. Nipun Nagar v. Symbiosis Institute of International Business observed that the collection of fees for the total period of a course is unjust.

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