Consumer Protection Act

As per Consumer Protection Act losing a case on merit cannot be termed as deficiency in service by advocate: SC

CA, CS, CMA - As per Consumer Protection Act losing a case on merit could not be termed as deficiency in service by the advocate: Supreme Court Hon’ble Supreme Court in Nandlal Lohariya v. Jagdish Chand Purohit and Ors. [S.L.P. (C) Diary No. 24842 of 2020, decided on November 8, 2021] held that in each and every case where […]...

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Can Advocates/Chartered Accountants be prosecuted for Deficiency in Service?

CA, CS, CMA - Nandlal Lohariya Vs Jagdish Chand Purohit and others (Supreme Court) It is common knowledge that professionals are also sometimes negligent in their service just like businessman or other service providers. The Consumer Protection Act provides redressal to all consumers for deficiency in service by the Service Providers. Builders, Hospita...

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Comparative Analysis between RERA & Consumer Protection Act

CA, CS, CMA - In this research article, the author seeks to address the provisions of 'Real Estate (Regulation and Development) Act' (herein after referred to as ‘RERA’) and 'Consumer protection act, 2019, herein after referred to as ‘CPA’ and draw an analysis comparing the above....

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उपभोक्ता संरक्षण कानून क्यों चला गया हाशिये पर!

CA, CS, CMA - केन्द्र और राज्य सरकारों की उदासीनता और निष्क्रियता के कारण भारतवर्ष में जिला एवं राज्य उपभोक्ता फोरम में अध्यक्ष और सदस्यों के ...

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Proposed amendments to Consumer Protection (E-Commerce) Rules, 2020

CA, CS, CMA - The Department of Consumer Affairs, Government of India seeks views/ comments/ suggestions on the proposed amendments to Consumer Protection (E-Commerce) Rules, 2020 vide its communication reproduced below. It has sought views/suggestions by July 6, 2021 to [email protected] Let us understand the proposed amendments. Section 3 contains defini...

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Roll out E-Commerce Rules under Consumer Protection Act: CAIT

CA, CS, CMA - In a communication sent to Union Minister Shri Piyush Goyal, Confederation of All India Traders has demanded immediate implementation of the E-commerce Rules under Consumer Protection Act,before the festive season begins, noting that almost 45 days has passed since the last date for draft suggestions was 21st July. Confederation of All In...

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Petition In SC for Display of ‘Country of Origin’ on E-Commerce Sites

CA, CS, CMA - Petition In Supreme Court Seeks Law on Compulsory Display of ‘Country of Origin’ on E-Commerce Sites Like Amazon and Flipkart Recently a petition has been filed in Supreme Court. This petition argues that buyers will be able to make a better decision about product if they know the country of origin of the product. Buyers [&hel...

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Consumer Protection Act to be more holistic & stringent to protect consumer interest

CA, CS, CMA - The Consumer Protection Act, 2019 to be more holistic and stringent to protect interest of consumers: Shri Ramvilas Paswan The Consumer Protection Act 2019 will be more holistic and  stringent once the rules are framed to protect the interest of the Consumer ,stating this at a press conference today Union Minister for Consumer Affairs ,F...

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Lok Sabha passes Consumer Protection Bill, 2019

CA, CS, CMA - Under Consumer Protection Bill, 2019, there is provision for central government to set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers and will be empowered to investigate, recall, refund and impose penalties....

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Consumer Protection Bill 2018 passed in Lok Sabha

CA, CS, CMA - Consumer Protection Bill 2018 passed in Lok Sabha on 20th December 2018 and will now go to Rajya Sabha for passage.  1. The Consumer Protection Act, 1986 was enacted to provide for better protection of the interests of consumers and for the purpose of making provision for establishment of consumer protection councils and other authoritie...

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Onus to Prove Deficiency in Service is on Complainant: SC

SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court) - SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court) The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the Commission, therefore, without any proof of deficiency, the opposite p...

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Consumer court fines ‘More Megastore’ for charging for carry bags with company logo

Baglekar Akash Kumar Vs More Megastore Retail Limited (District Consumer Disputes Redressal Commission, Hyderabad) - Baglekar Akash Kumar Vs More Megastore Retail Limited (District Consumer Disputes Redressal Commission, Hyderabad) Disclosing the price of carry bags at the payment counter seems to be undoubtedly an ‘un-fair trade practice’ Under Section – 2 (1) (r) of the Consumer Protection Act,...

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One sided terms & conditions in agreement for sale of flat amounts to unfair trade practice

IREO Grace Realtech Pvt. Ltd. Vs Abhishek Khanna & Others (Supreme Court of India) - IREO Grace Realtech Pvt. Ltd. Vs Abhishek Khanna & Others (Supreme Court of India) Section 14 of the 1986 Act empowers the Consumer Fora to redress the deficiency of service by issuing directions to the Builder, and compensate the consumer for the loss or injury caused by the opposite party, or ...

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Availability of alternate remedy is no bar in entertaining a complaint under Consumer Protection Act, 1986

Imperia Structures Ltd. Vs Anil Patni And Another (Supreme Court of India) - Imperia Structures Ltd. Vs Anil Patni and Another (Supreme Court) Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered under the RERA Act to de...

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Pecuniary Jurisdiction under Consumer Protection Act, 2019

Pyaridevi Chabiraj Steels Pvt. Ltd. Vs National Insurance Co. Ltd. (NCDRC) - Pyaridevi Chabiraj Steels Pvt. Ltd. Vs National Insurance Co. Ltd. (NCDRC) The National Consumer Disputes Redressal Commission (NCDRC) vide its Order dated 28th August, 2020 in ‘M/s Pyaridevi Chabiraj Steels Pvt. Ltd v/s National Insurance Company Ltd. & 3 Ors.’ (Consumer Case No. 833 of 202...

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Consumer Protection (E-Commerce) (Amendment) Rules, 2021

Notification No. G.S.R. 328(E) - (17/05/2021) - Where an e-commerce entity is a company incorporated under the Companies Act, 1956 (1 of 1956) or under the Companies Act, 2013 (18 of 2013) or a foreign company covered under clause (42) of section 2 of  the Companies Act, 2013 (18 of 2013) or an office, branch or agency outside India owned or con...

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Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020

F. No. 1-1/2020-CCPA - (13/08/2020) - (1) These regulations may be called the Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020. (2) They shall come into force on the date of their publication in the Official Gazette....

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Consumer Protection (Administrative Control over the State Commission and the District Commission) Regulations, 2020

F. No.A-105/ACR/NCDRC/2020 - (24/07/2020) - These regulations may be called the Consumer Protection (Administrative Control over the State Commission and the District Commission) Regulations, 2020. They shall come into force on the date of their publication in the Official Gazette....

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Consumer Protection (Consumer Commission Procedure) Regulations, 2020

F. No. A-1 05/CCPR/NCDRC/2020 - (24/07/2020) - (1)These regulations may be called the Consumer Protection (Consumer Commission Procedure) Regulations, 2020. (2) They shall come into force on the date of their publication in the Official Gazette....

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Govt establishes Central Consumer Protection Authority as body corporate

Notification No. S.O. 2422(E) - (23/07/2020) - MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION New Delhi, the 23rd July, 2020 S.O. 2422(E).—In exercise of the powers conferred by section 10 of the Consumer Protection Act, 2019 (35 of 2019) and with effect from the 24th day of July, 2020,...

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Consumer Protection Act’s Popular Posts

Recent Posts in "Consumer Protection Act"

As per Consumer Protection Act losing a case on merit cannot be termed as deficiency in service by advocate: SC

As per Consumer Protection Act losing a case on merit could not be termed as deficiency in service by the advocate: Supreme Court Hon’ble Supreme Court in Nandlal Lohariya v. Jagdish Chand Purohit and Ors. [S.L.P. (C) Diary No. 24842 of 2020, decided on November 8, 2021] held that in each and every case where […]...

Read More
Posted Under: Corporate Law |

Can Advocates/Chartered Accountants be prosecuted for Deficiency in Service?

Nandlal Lohariya Vs Jagdish Chand Purohit and others (Supreme Court of India)

Nandlal Lohariya Vs Jagdish Chand Purohit and others (Supreme Court) It is common knowledge that professionals are also sometimes negligent in their service just like businessman or other service providers. The Consumer Protection Act provides redressal to all consumers for deficiency in service by the Service Providers. Builders, Hospita...

Read More

Comparative Analysis between RERA & Consumer Protection Act

In this research article, the author seeks to address the provisions of 'Real Estate (Regulation and Development) Act' (herein after referred to as ‘RERA’) and 'Consumer protection act, 2019, herein after referred to as ‘CPA’ and draw an analysis comparing the above....

Read More
Posted Under: Corporate Law |

उपभोक्ता संरक्षण कानून क्यों चला गया हाशिये पर!

केन्द्र और राज्य सरकारों की उदासीनता और निष्क्रियता के कारण भारतवर्ष में जिला एवं राज्य उपभोक्ता फोरम में अध्यक्ष और सदस्यों के ...

Read More
Posted Under: Corporate Law |

Onus to Prove Deficiency in Service is on Complainant: SC

SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court)

SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court) The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for defi...

Read More

Roll out E-Commerce Rules under Consumer Protection Act: CAIT

In a communication sent to Union Minister Shri Piyush Goyal, Confederation of All India Traders has demanded immediate implementation of the E-commerce Rules under Consumer Protection Act,before the festive season begins, noting that almost 45 days has passed since the last date for draft suggestions was 21st July. Confederation of All In...

Read More
Posted Under: Corporate Law |

Proposed amendments to Consumer Protection (E-Commerce) Rules, 2020

The Department of Consumer Affairs, Government of India seeks views/ comments/ suggestions on the proposed amendments to Consumer Protection (E-Commerce) Rules, 2020 vide its communication reproduced below. It has sought views/suggestions by July 6, 2021 to [email protected] Let us understand the proposed amendments. Section 3 contains defini...

Read More
Posted Under: Corporate Law |

Consumer Protection (E-Commerce) (Amendment) Rules, 2021

Notification No. G.S.R. 328(E) 17/05/2021

Where an e-commerce entity is a company incorporated under the Companies Act, 1956 (1 of 1956) or under the Companies Act, 2013 (18 of 2013) or a foreign company covered under clause (42) of section 2 of  the Companies Act, 2013 (18 of 2013) or an office, branch or agency outside India owned or controlled by a person resident in India as...

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Consumer court fines ‘More Megastore’ for charging for carry bags with company logo

Baglekar Akash Kumar Vs More Megastore Retail Limited (District Consumer Disputes Redressal Commission, Hyderabad)

Baglekar Akash Kumar Vs More Megastore Retail Limited (District Consumer Disputes Redressal Commission, Hyderabad) Disclosing the price of carry bags at the payment counter seems to be undoubtedly an ‘un-fair trade practice’ Under Section – 2 (1) (r) of the Consumer Protection Act, 1986 {Corresponding Section -2 (47) of ...

Read More

E.N.D. means “Effort Never Dies!”

You should never accept ‘NO’ as an answer in any situation, when once you are convinced that you are right. You should fight till you succeed! I wish to narrate hereunder one of my own personal experiences, to drive home the point, as to how the ‘Effort Never Dies!’ As all of us know that […]...

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Posted Under: Corporate Law |

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