Consumer Protection Act

Protection of E-consumers in the Era of E-commerce: Issues & Challenges

Corporate Law - In the world of digitalization, electronic commerce has achieved an extraordinary growth by allowing the access to Internet trade. Through its reach all over the world it has several benefits for both the consumers and business, as it is an efficient way of entering into transactions....

Read More

Overriding Effect of Consumer Forum over Arbitration

Corporate Law - With the passage of time, the populace of the country is on hike and so are their opinions. Their opinion forms the basis for their interpretation, it may be a good or a bad interpretation. What would happen in the situation where people starting interpreting the laws? We might be flooded with several interpretations. The […]...

Read More

Apportioning Culpability; Product Liability & E-Commerce

Corporate Law - Was there really a need to repeal the Consumers Protection Act, 1986? The answer is YES! After undergoing three amendments in the year 1991, 1993 and 2002 the Act was still found to be needing empowering and modern provisions to deal with a new and modern market, newer dynamics and newer challenges and to accost […]...

Read More

Consumer Protection (E-Commerce) Rules, 2020- Analysis

Corporate Law - Consumer Protection (E-Commerce) Rules, 2020: Highlighting Facts India is evident to the fact that its first E-commerce interaction took place vide IRCTC. This was the government’s first experimental move to give privilege to the host of public for hassle free bookings. Followed the path laid down by the Indian Railways, the Airli...

Read More

Encoding of Consumer Protection (E-Commerce) Rules, 2020 – Part 1

Corporate Law - The Indian Parliament, on 6 August 2019, passed the landmark Consumer Protection Bill, 2019 which aims to provide timely and effective administration and settlement of consumer disputes....

Read More

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

Corporate Law - 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

Corporate Law - 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

Corporate Law - 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

Corporate Law - 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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Clausewise details of Consumer Protection Bill, 2018- Introduced in Lok Sabha

Corporate Law - The Consumer Protection Bill, 2018 provides for the establishment of an executive agency to be known as the Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action i...

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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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No Complaint under consumer Act for Delay in Passport issue

Regional Passport Office Vs. Gurpreet Singh Mangat and Others (State Consumer Disputes Redressal Commission, Punjab, Chandigarh) - Passport is not a commodity: No complaint under consumer Act for Delay in Issuance of Passport....

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Homebuyers cannot be Made to wait Indefinitely for Possession: NCDRC

Alok Kumar Vs M/s. Golden Peacock Residency Private Limited & Anr. (National Consumer Disputes Redressal Commission Delhi) - Alok Kumar Vs M/s. Golden Peacock Residency Private Limited & Anr. (National Consumer Disputes Redressal Commission, Delhi) In the instant case the Complainants cannot be made to wait indefinitely for possession of the unit, as the construction is yet to be completed even after a period of more ...

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National Consumer Court (NCDRC) Orders Refund to Home buyers

Amal Ganguli & Anr. v. M/s. Unitech Limited (National Consumer Disputes Redressal Commission,  New Delhi), Consumer Case No. 2712 of 2017, Dated- 09th May 2019 - National Consumer Disputes Redressal Commission (NCDRC) in the case of Amal Ganguli & Anr. v. M/S. Unitech Limited  ordered refund to the Home buyers....

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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 (E-Commerce) Rules, 2020

Notification No. G.S.R. 462(E) - (23/07/2020) - Any inventory e-commerce entity which explicitly or implicitly vouches for the authenticity of the goods or services sold by it, or guarantees that such goods or services are authentic, shall bear appropriate liability in any action related to the authenticity of such good or service....

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Recent Posts in "Consumer Protection Act"

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 determine. Section 88 specifies […]...

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Protection of E-consumers in the Era of E-commerce: Issues & Challenges

In the world of digitalization, electronic commerce has achieved an extraordinary growth by allowing the access to Internet trade. Through its reach all over the world it has several benefits for both the consumers and business, as it is an efficient way of entering into transactions....

Read More
Posted Under: Corporate Law |

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 2020) clearly differentiated in the pecunia...

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Posted Under: Corporate Law | |

Overriding Effect of Consumer Forum over Arbitration

With the passage of time, the populace of the country is on hike and so are their opinions. Their opinion forms the basis for their interpretation, it may be a good or a bad interpretation. What would happen in the situation where people starting interpreting the laws? We might be flooded with several interpretations. The […]...

Read More
Posted Under: Corporate Law |

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....

Read More

Apportioning Culpability; Product Liability & E-Commerce

Was there really a need to repeal the Consumers Protection Act, 1986? The answer is YES! After undergoing three amendments in the year 1991, 1993 and 2002 the Act was still found to be needing empowering and modern provisions to deal with a new and modern market, newer dynamics and newer challenges and to accost […]...

Read More
Posted Under: Corporate Law |

Consumer Protection (E-Commerce) Rules, 2020- Analysis

Consumer Protection (E-Commerce) Rules, 2020: Highlighting Facts India is evident to the fact that its first E-commerce interaction took place vide IRCTC. This was the government’s first experimental move to give privilege to the host of public for hassle free bookings. Followed the path laid down by the Indian Railways, the Airli...

Read More
Posted Under: Corporate Law |

Encoding of Consumer Protection (E-Commerce) Rules, 2020 – Part 1

The Indian Parliament, on 6 August 2019, passed the landmark Consumer Protection Bill, 2019 which aims to provide timely and effective administration and settlement of consumer disputes....

Read More
Posted Under: Corporate Law |

Onus on Inventory e-commerce Entities under New E-commerce Policy 2020

Before understanding the  obligations of Inventory E-commerce Entities under New e-commerce Policy , we need to know the definition of  ‘Inventory e-commerce entity’. As per the Consumer Protection (E-Commerce) Rules, 2020 ‘inventory e-commerce entity’ means an e-commerce entity which owns the inventory of goods ...

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Posted Under: Corporate Law |

Salient Features of Consumer Protection Act 2019

Once Mahatma Gandhi had said ”Customer is like a God’. In early time also the concept was “the customer is the king” but this concept has been changed by passing of time. We know that for success of any organisation the end users play a very important role. The end users are the main decision […]...

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Posted Under: Corporate Law |

Consumer Protection Act (New) Rules Notified

Considering the fact that, e-commerce has gained wide popularity given easy access in India and shopping at the comfort of the home. The Government of India has notified a new set of rules for the safety and betterment of consumers in India to be in effect from 20th July 2020. The Central Government has notified […]...

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Posted Under: Corporate Law |

New Rules & Regulations for Marketplace e-commerce Entities

In this write up we will discuss about rules w.r.t. marketplace e-commerce entity. In my last article we had discussed about how the new rules have affected the e-commerce entities. You can refer the article below for more details: https://taxguru.in/corporate-law/rules-e-commerce-entities.html Before moving further, let us first understa...

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Posted Under: Corporate Law |

New Rules for E-Commerce entities

The Central Government recently issued a notification dated 23rd July 2020 for e-commerce players making online retailers more accountable and their businesses more transparent under the Consumer Protection (E-Commerce) Rules, 2020. In this write-up, we will discuss about the duties of e-commerce entities as per the new e-commerce rules. ...

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Posted Under: Corporate Law |

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

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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Posted Under: Corporate Law |

Consumer Protection Act 2019- An Overview

Changes brought in by Consumer Protection Act 2019 The new provisions in the new Act are a step towards betterment of the consumer legal fraternity and strengthens the grips of law towards the consumers while filling up the gaping gaps of the Act of 1986. A lot will now depend on its implementation by the authorities as well as litigan...

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Posted Under: Corporate Law |

New Consumer Protection Act, 2019- False & Misleading Advertisements

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]...

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Posted Under: Corporate Law |

Power to declare any terms of contract as ‘null & void’ under New Consumer Protection Act, 2019

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]...

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Posted Under: Corporate Law |

Inclusion of E-commerce under New Consumer Protection Act, 2019

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]...

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Posted Under: Corporate Law |

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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Effective dates of provisions related to Consumer Protection Act, 2019

–Notification No. S.O. 2351(E) dated 15th July 2020. -Notification No. S.O. 2421(E) dated 23rd July 2020. The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Ol...

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Posted Under: Corporate Law |

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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New Consumer Protection Act, 2019- Product Liability & Penal Consequences

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]...

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Posted Under: Corporate Law |

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, the Central Government hereby establish...

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Consumer Protection (E-Commerce) Rules, 2020

Notification No. G.S.R. 462(E) (23/07/2020)

Any inventory e-commerce entity which explicitly or implicitly vouches for the authenticity of the goods or services sold by it, or guarantees that such goods or services are authentic, shall bear appropriate liability in any action related to the authenticity of such good or service....

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Date of applicability of Consumer Protection Act 2019 provisions wef 24.07.2020

S.O. 2421(E) (23/07/2020)

Central Government hereby appoints the 24th day of July, 2020 as the date on which the following provisions of Consumer Protection Act, 2019 shall come into force ...

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Consumer Protection Act 2019- Things to know

CONSUMER PROTECTION ACT Consumer Protection Act, 1986 Act 1986 ➢ provided for a three-tier consumer dispute redressal machinery at the National (NCDRC), State ( State Commissions) and District levels ( District Fora) SALIENT FEATURES OF Consumer Protection Act, 2019 Consumer Protection Councils Central Consumer Protection Authority (CCP...

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Posted Under: Corporate Law |

The New Consumer Protection Act, 2019

The New Consumer Protection Act, 2019 The Union Minister for Consumer Affairs, Food & Public Distribution Mr. Ram Vilas Paswan, on July 20th, 2020 introduced the amended Consumer Protection Act, 2019 with the idea of empowering consumers and helping them protect their rights in a better way. The Consumer Protection Act, 2019, brought ...

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Posted Under: Corporate Law |

Consumer Protection Act, 2019 applicable from 20th July 2020

The Consumer Protection Act, 2019 received the assent of the President of India and was published in the official gazette on 9 August 2019. New Consumer Protection Act will replace 34 year old act and come into effect from July 20, 2020. Consumer Protection Act, 2019  It is a law to protect the interests of the […]...

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Posted Under: Corporate Law |

Detailed Analysis of The Consumer Protection Act, 2019

The Consumer Protection Act, 2019 (New Act) Notification No. S.O. 2351(E) dated 15th July 2020  The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The ...

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Posted Under: Corporate Law |

Consumer Protection (Mediation) Rules, 2020

Notification No. G.S.R. 450(E) (16/07/2020)

Consumer Protection (Mediation) Rules, 2020 The parties shall not initiate any arbitral or judicial proceedings in respect of a matter which is the subject-matter of the mediation and also when such parties have expressly undertaken not to initiate any such proceeding....

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Consumer Protection Act, 2019- Section notified WEF 20.07.2020

Notification No. S.O. 2351(E) (15/07/2020)

Central Government hereby appoints the 20th day of July, 2020 as the date on which the following provisions of Consumer Protection Act, 2019 shall come into force...

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Consumer Protection (Central Consumer Protection Council) Rules, 2020

G.S.R. 447(E) (15/07/2020)

(1) These rules may be called the Consumer Protection (Central Consumer Protection Council) Rules, 2020. (2) They shall come into force on the 20th day of July,2020....

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Consumer Protection (General) Rules, 2020

Notification No. G.S.R. 449(E) (15/07/2020)

Consumer Protection (General) Rules, 2020. Manner of issuing invoice or bill or cash memo or receipt for goods sold or services rendered.– (1) Every invoice, bill, cash memo or receipt for goods sold or services rendered, issued by a seller shall have the following minimum particulars, namely:-...

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Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020

Notification No. G.S.R. 448(E) (15/07/2020)

1) These rules may be called the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020. (2) They shall come into force on the 20th day of July,2020....

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No Complaint under consumer Act for Delay in Passport issue

Regional Passport Office Vs. Gurpreet Singh Mangat and Others (State Consumer Disputes Redressal Commission, Punjab, Chandigarh)

Passport is not a commodity: No complaint under consumer Act for Delay in Issuance of Passport....

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Posted Under: Corporate Law |

FAQ’s on Consumer Court

Consumer Court FAQ’s Q.1. Who is a Consumer ? Ans: A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self employment. The consideration may be: Paid Promised Partly paid and partly promised. It also includes […]...

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Posted Under: Corporate Law |

Analysis of Consumer Protection Act, 2019

PRELUDE The Consumer Protection Act, 2019 (the Act) was introduced in the Lok Sabha by Mr. Ram Vilas Paswan, the Minister of Consumer Affairs, Food and Public Distribution, on July 8, 2019. The Consumer Protection Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and the Rajya Sabha on August 06, 2019. […]...

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Posted Under: Corporate Law |

Homebuyers cannot be Made to wait Indefinitely for Possession: NCDRC

Alok Kumar Vs M/s. Golden Peacock Residency Private Limited & Anr. (National Consumer Disputes Redressal Commission Delhi)

Alok Kumar Vs M/s. Golden Peacock Residency Private Limited & Anr. (National Consumer Disputes Redressal Commission, Delhi) In the instant case the Complainants cannot be made to wait indefinitely for possession of the unit, as the construction is yet to be completed even after a period of more than 6 years has lapsed from the [&helli...

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Posted Under: Corporate Law | |

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

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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Posted Under: Corporate Law |

Consumer Protection Act, 2019

Notification No. 35 of 2019 (09/08/2019)

THE CONSUMER PROTECTION ACT, 2019 received the assent of the President on the 9th August, 2019, and is hereby published for general information:—...

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Consumer Protection in a digital financial world – Initiatives and beyond

Consumer by definition include us all. They are the largest economic group in the economy, affecting and affected by every public and private economic decisions. Two thirds of all spending in the economy is by consumers. But they are the only important group in the economy who are not effectively organized, whose views are often not heard...

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Posted Under: Corporate Law |

National Consumer Court (NCDRC) Orders Refund to Home buyers

Amal Ganguli & Anr. v. M/s. Unitech Limited (National Consumer Disputes Redressal Commission,  New Delhi), Consumer Case No. 2712 of 2017, Dated- 09th May 2019

National Consumer Disputes Redressal Commission (NCDRC) in the case of Amal Ganguli & Anr. v. M/S. Unitech Limited  ordered refund to the Home buyers....

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Lok Sabha passes Consumer Protection Bill, 2019

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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Posted Under: Corporate Law |

Scope to create new dignified profession like Consumer Disputes Practitioner

The modestly ‘Educated Youth’ are mainly struggling with ‘Unemployment Problem’. Thus, there is an immense & immediate need to explore the hidden & disguised opportunities for creating new avenues having scope for engaging the educated youth, without any burden on Government Exchequer. Similar to that of th...

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Posted Under: Corporate Law |

Section 17(1)(b) of Consumer Protection Act is ‘a special policy’ to deal with other inconsistencies

First of all, let us have a look at the Section 17(1)(a) of Consumer Protection Act, 1986 which read as ‘(a) to entertain – (i) complaints where the value of goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and (ii) appeals against the order […]...

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Posted Under: Corporate Law |

‘Banning’ Real Estate Ad-campaigns: Consumer Protection law and RERA

Misleading ads are a menace and their have been no specific laws to deal with it. Similarly, real estate have been unregulated for decades together and introduction of The Real Estate (Regulation And Development) Act, 2016 (RERA). Though, still it has to be seen whether the purpose has been achieved in spirit but the delivery […]...

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Posted Under: Corporate Law |

Consumer Protection Bill 2018 passed in Lok Sabha

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...

Read More
Posted Under: Corporate Law |

Clausewise details of Consumer Protection Bill, 2018- Introduced in Lok Sabha

The Consumer Protection Bill, 2018 provides for the establishment of an executive agency to be known as the Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action i...

Read More
Posted Under: Corporate Law |

Trust Cannot File Complaint under Consumer Protection Act,1986: SC

Pratibha Pratisthan & Ors. Vs Manager, Canara Bank & Ors. (Supreme Court of India)

Section 2 (c) of Consumer Protection Act, 1986 provides for a complainant making a complaint, inter alia, for an unfair trade practice or a restrictive trade practice adopted by any trader or service provider; a complaint in respect of goods (bought by a complainant) suffering from one or more defects; ...

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Remedy available under Consumer Protection Act, 1986 is additional remedy

Rajesh Kumar Agrawal Vs Tulsi Electronic (Chhattisgarh High Court)

The remedy available under the Consumer Protection Act, 1986 is an additional remedy for consumers and not in derogation of remedy available under Section 8-B of the Indian Telegraph Act, 1885....

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New Initiatives of Department of Consumer Affairs

One of the mandates of the Department of Consumer Affairs in the Government of India is consumer advocacy. The Department is laying greater emphasis on consumer education and working with the goal of reaching the next level, from Consumer Protection to consumer empowerment....

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Posted Under: Corporate Law |

A member of District Consumer Redressal Forum on completion of his/her tenure has no vested right for re-appointment.

Smt. Renu Sharma W/o. Vs State of Chhattisgarh (Chhattisgarh High Court)

Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein seeks to challenge appointment of respondent No. 3 as a member of District Consumer Redressal Forum, Rajnandgaon....

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Competition Law -Consumer Associations / NGOs

The spirit of competition warrants continuous improvement in the existing market place where the efficient players push in-efficient players out of the market thereby promoting economic well-being of both the market participants and the consumers. ...

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Posted Under: Corporate Law |

HC have no jurisdiction on consumer commission orders – SC

Cicily Kallarackal Vs Vehicle Factory (Supreme Court of India)

The basic issue has been raised in the petitions that the Kerala High Court did not have jurisdiction to entertain the writ petition against the judgment and order passed by the National Consumer Disputes Redressal Commission (hereinafter called 'the Commission'). The said order could be challenged only before this Court in view of the p...

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Competition & Consumers Protection Laws in India

Competition can be defined as a process wherein cost efficient production is achieved in a structure having reasonable number of players (producers and consumers) with simple entry and exit procedures and where exists a close substitution between products of different players in a given industry....

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Amendments Proposed in Consumer Protection Act to Facilitate Faster Disposal and On line filing of consumer complaints

The Government has introduced Consumer Protection (Amendment) Bill, 2011, in Lok Sabha on December 16, 2011, to facilitate quicker disposal of cases and to widen and amplify the scope of some of the provisions of the Act. The enactment of the Consumer Protection Act, 1986, was an important milestone in the field of consumer protection. [&...

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Posted Under: Corporate Law |

Global and Indian Perspective on Need for Consumer Protection – Role of Ombudsmen

The role of the Ombudsmen adjudicating financial consumer disputes is onerous and the recent upheavals in the market place have only heightened the consumers’ expectations. The existence of a legal framework is a must for consumer protection. The Ombudsmen, by definition, deal with individual grievances about which the common person is ...

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Posted Under: Corporate Law |

International companies answerable to Indian consumer courts for service deficiency – Supreme Court

International companies are answerable to Indian consumer courts for service deficiency, the Supreme Court has ruled, upholding the apex consumer forum's direction to a Lebanese international courier company to pay 71,615.75 US dollars compensation to a Mumbai-based firm. A bench of justices G S Singhvi and H L Dattu said in a judgement ...

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Posted Under: Corporate Law |

Consumer Affairs Minister for Strict Action against Misleading Advertisements

The Ministry of Consumer Affairs, Food & Public Distribution will soon convene a meeting to discuss the issue of misleading advertisements with various service sector ministries and related agencies. Expressing concern over such advertisements for various consumer products and services, the Minister for Consumer Affairs, Food & Public Dis...

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Posted Under: Corporate Law |

Goods and services hired for commercial use not covered by Consumer Protection Act

Birla Technologies Ltd Vs Neutral Glass and Allied Industries Ltd. (Supreme Court of India)

The Supreme Court last week stated that goods and services hired for commercial purposes cannot be the subject matter of a consumer complaint under the Consumer Protection Act. It set aside the judgment of the National Consumer Commission in the case...

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Posted Under: Corporate Law |

Companies cannot pay damages in installments- state consumer commission

Mumbai- Till fairly recently, parties held guilty in consumer forums delayed shelling out compensation by paying only a part or by seeking adjournments. Not anymore. The state consumer commission has, among other measures, precluded payment of compen...

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Posted Under: Corporate Law |

Not Happy with right to information Act? File a complain with consumer forum

It is common knowledge that public information officers often do not furnish the information sought by the applicant under Right to Information Act (RTI). Is an appeal to the appellate authority of the Information Commission the only remedy? Or would failure to furnish information without valid reason constitute a deficiency in service fo...

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Posted Under: Corporate Law |

Delays in cheque clearing – case no. 82 of 2006 before National Consumer Disputes Redressal Commission

NA (04/06/2009)

NOTIFICATIONS NO. DPSS.CO. (CHD) NO. 873 / 03.09.01/ 2008-09, DATED 24-11-2008 As you may be aware, during August 2006, a case was filed before National Consumer Disputes Redressal Commission, New Delhi (the Commission) under the Consumer Protection Act, 1986, inviting attention to the delays in cheque clearing and, specifically, to the i...

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Lawyers not liable under Consumer Protection Act, 1986: SC

The State Commission, Delhi, held that services rendered by a Lawyer would not come within the ambit of s. 2(1)(o) of the Consumer Protection Act, 1986, as the client executes the power of attorney authorizing the Counsel to do certain acts on his behalf and there is no term of contract as to the liability of the lawyer in case he fails t...

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Posted Under: Corporate Law |

National Consumer Commission fined Kaun Banega Crorepati – 3 Rs. 1 Crore for unfair trade practice

Kaun Banega Crorepati – 3 which ran on Star Plus TV from January 2007 to April 2007 under the anchor of Shah Rukh Khan, was running a contest called “Har Seat Hot Seat” in which TV viewers were invited to participate. The contest consisted of answering an objective type question with four possible answers. TV […]...

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Posted Under: Corporate Law |

Companies Can Sue Power Suppliers under Consumer Law: SC

THE Supreme Court has ruled that companies engaged in commercial activities can drag their electricity supplier to a consumer forum and seek damages for deficiency in services. A bench of Justice Markandey Katju and Justice RM Lodha rejected a plea of Karnataka Power Transmission Corporation in which it had said a company using electricit...

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Posted Under: Corporate Law |

Consumer Welfare Fund Rules, 1992

Notification No. 29/1992-Central Excise (N.T.) (25/11/1992)

In exercise of the powers conferred by sub-section (2) of section 37, read with section 12D of the Central Excises and Salt Act, 1944 (1 of 1944), the Central Government, hereby makes the following rules...

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