It includes Preface, Select Bibliography, Abbreviations, Contents, Introduction, Table of Cases, Chapters, and Appendix pages etc..
Description:
ABOUT THE BOOK


• The book provides a comprehensive coverage of Consumer Protection Act, 2019.

• It seeks to analyse the issues and problems relating to Consumer Justice in wider perspective along with relevant case laws handed down by Courts and Consumer Forums from time to time.

• The book is presented in the form of section wise commentary incorporating latest materials, while the provisions of the Act have been supplemented by illustrations and leading judicial pronouncements.

• The book shall be useful to students of law, commerce and business management to grasp the salient provisions of consumer law, its applicability and scope in a coherent manner.

• It will be equally useful to business entrepreneurs, practicing lawyers, managers and all those who are handling consumer cases.

Characterization:
Contents

INTRODUCTION

The era of laissez faire

Effect of advertisements on consumers

Brief history of Consumer Law

Genesis of Consumer Protection Laws

The Consumer Protection Act, 1986

Main Objective of the Consumer Protection Act of 1986

The Basic Rights of Consumers Sought to be Protected

Need for Consumer Law

Consumer Disputes Redressal FORA

Reliefs available under the Act

Appeal by aggrieved party

Consumer Protection Law of the New Millennium

The Consumer Protection (Amendment) Act, 2003—Highlights

The Consumer Protection Act, 2019

The Consumer Protection Act, 1986 and The Consumer

Protection Act, 2019 : Comparative Chart

PRELIMINARY

1. Short title, extent, commencement and application

Extent and application of the Act

Salient Features of the 2019 Act

2. Definitions

CLAUSE-WISE COMMENTS ON SPECIFIC DEFINITIONS

‘Appropriate Laboratory’ [Section 2(2)]

Complainant [Section 2(5)]

Closure of Bank Account

Builder

Beneficiary of Services

Fresh complaint not permissible directly before the National Commission

Lump-sum purchase for resale or trading—Not consumer

Locus standi

Estoppel

Housing activities are covered under Consumer Protection Act

Government Servant under CGHS not a consumer

Maintainability of cause before Fora

Complaint : [Section 2(6)]

Complaint against Airlines

Complaint against Bank

Complaint against defective goods

Complaint against Railways

Complaint maintainable where causes of action are different

A Trust cannot be a Complainant Matter sub-judice not maintainable before Consumer

Forum/Commission

Supreme Court's guidelines to Consumer Fora for speedy disposal of complaints

Conditions when complaint is maintainable

When the complaint is not maintainable

Consumer [Section 2(7)]

Highway users not consumers

Tenant is not a consumer

Widow is ‘consumer’ for insurance company

A Person Purchasing goods for Commercial Purposes is not a consumer

Agents are not consumers

Acceptance of Tender of the complainant does not make him a consumer

Borrowing (loan) from Bank does not make the borrower a customer of the Bank for the purpose of Consumer Protection Act

Investor in UTI Schemes is a consumer

Bank cannot be a consumer

Book Seller is not a consumer hence his complaint is bound to be dismissed

Student is a consumer for University/Board

A Charitable Society or a Trust is a consumer

Position of Beneficiary as a consumer

Involuntary Consumers

‘Consumer Dispute’ [Section 2(8)]

Death due to live electric wire lying unattended on the road

Dispute regarding grant of licence for sheds-not a consumer dispute

Payment of Application fee for the post advertised does not make the applicant a consumer

Mob-violence in a railway reserved bogie—railways held liable for deficiency in service

‘Defect’ [Section 2(10)]

Books with basic mistake and incorrect information are ‘defective goods’ within the meaning of Section 2(10) of Consumer Protection Act, 2019

Defect in soft drink

Adulterated cooking oil actionable as ‘defective goods’

Motor Vehicle defective

False news in newspaper does not make it as defective newspaper

Defect within warranty period entitles for compensation

‘Deficiency’: [Section 2(11)]

Carrot seed

Airport Escalator not functioning properly

Deficiency in service in Bank cases

Non-issue of passbook by Bank amounts to deficiency in-service

Courier Service—Deficiency in service

Educational Institutions—Deficiency in Service

Charging coaching fee in lump sum

Refund of Fees

Deficiency in service—Electricity cases

Deficiency in Service—Corporate Sector

Deficiency in service—Insurance claims

Deficiency in service—Supply of LPG Cylinder

Deficiency in service due to Medical negligence

Deficiency in Postal Service

Deficiency in Municipal Services

Deficiency in Service by Builders/Developers

Deficiency in service—Railways

Deficiency in Service—Use of unfair trade practices in Sale of Goods

Deficienty in service in Joy ride cases

Deficiency in Service by Builders and Development authorities

Drowning in Swimming Pool

Deficiency in Hire-Purchase Services

“Goods” [Section 2(21)]

Electricity and gas are covered within the meaning of the term goods

Commercial purpose distinguished from commercial use

Caveat emptor Rule

Conditions and Warranties

Price of Goods

Manufacturer [Section 2(24)]

‘Member’ [Section 2(27)]

National Commission [Section 2(29)]

Notification [Section 2(30)]

'Person’ [Section 2(31)]

‘Prescribed’ [Section 2(32)]

‘Regulations’ [Section 2(39)]

‘Restrictive trade practice’ [Section 2(41)]

‘Service’ [Section 2(42)]

Services rendered free of charge

Seivices rendered under ‘contract of personal service’

Contract of Service and Contract for service

Medical Services

Service rendered by Carrier

Banking service constituted ‘service’ within the ambit of Section 2(l)(o) of Consumer Protection Act

‘Education’ as service

Service—Builders, Developers, Housing Board etc.

Insurance Service

Telephone Service

Where there is no commitment to supply of Instrument with on-board laundry facility non-supply thereof will not amount to deficiency in service

Delay in supply of cement purchased from seller—Does it amount to deficiency in service ?

“Spurious goods” [Section 2(43)]

‘State Commission’ [Section 2(44)]

‘Trader’ [Section 2(45)]

‘Unfair trade practice’ [Section 2(47)]

Deceptive advertisement is an unfair trade practice

Special offer of 15 gms gold as gift for pruchaser of Maruti 800 car defaulted—It is a unfair trade practice

Chips found less in weight

Scratch and win scheme

Misleading Star Cruise advertisement

Admission of the Students without seeking affiliation from University

Defective functioning of mobile phone

CHAPTER II

CONSUMER PROTECTION COUNCILS

The Central Consumer Protection Council

4. Procedure for meetings of the Central Council

5. Object of the Central Council

6. State Consumer Protection Councils

7. Objects of the State Council

8. The District Consumer Protection Council

9. Objects of the District Council



CHAPTER III

CENTRAL CONSUMER PROTECTION AUTHORITY

10. Establishment of Central Consumer Protection Authority

11. Qualifications, method of recruitment, etc., of Chief

Commissioner and Commissioners

12. Vacancy, etc., not to invalidate proceedings of Central Authority

13. Appointment of officers, experts, professionals and other employees of Central Authority

14. Procedure of Central Authority

15. Investigation Wing

16. Power of District Collector

17. Complaints to authorities

18 Powers and Functions of Central Authority

19 Power of Central Authority to refer matter for investigation or to other Regulator.

20. Power of Central Authority to recall goods etc.

21. Power of Central Authority to issue direction and penalties against false or misleading advertisements.

22 Search and Seizure

23. Designation of any statutory authority or body to function as Central Authority

24. Appeal

25. Grants by Central Government

26. Accounts and audit

27. Furnishing of annual reports, etc.



CHAPTER IV

CONSUMER DISPUTES REDRESSAL COMMISSION

Nature and Scope of Remedies/Reliefs available under the Act.

DISTRICT CONSUMER COMMISSION

28. Establishment of District Consumer Disputes Redressal Commission

29. Qualifications etc. of President and Members of District Commission

30. Salaries, allowances and other terms and conditions of service of President and Members of District Commission

31. Transitional Provisions

32. Vacancy in office of member of District Commission

33. Officers and other employees of District Commission

34. Jurisdiction of District Commission

Jurisdiction of the District Commission

Admissibility of the Complaint

Forum has no jurisdiction to order an inquiry into misconduct of opposite party

Power to review

Pecuniary Jurisdiction

Service Matters excluded from Commission’s jurisdiction

Misuse of jurisdiction

Fora’s have no Power to set aside its own ex-parte order

Forum’s jurisdiction is additional in nature

35. Manner in which complaint shall be made

36. Proceeding before District Commission

37. Reference to Mediation

Complainant to come before the Commission with clean hands

Evidence of Affidavit

District Commission to follow its own procedure

Forum cannot award both, compensation and interest at the same time

District Commission cannot bar right of party to appeal

Dismissal of Appeal in default not proper

Appeal against the order of District Commission

38. Procedure on admission of a complaint

Appointing Commissioner for local inspection etc.

Commission not to adjudicate when company is in the process of winding up

Maintainability of Second complaint to District Commission when first complaint is dismissed for default or non-prosecution

Consumer Commission have no power of review

Exclusion of Commission’s Jurisdiction

Overall effect of Section 38 of the Consumer Protection Act

39. Findings of the District Commission

40. Review by District Commission in certain cases

41. Appeal against Order of District Commission

Procedure for filing and hearing of appeal

Legality of requirement of depositing 50 per cent amount in the manner as may be prescribed

Limitation for filing Appeal

Maintainability of appeal

High Court not to act as Court of appeal in consumer cases

STATE CONSUMER COMMISSION

42. Establishment of State Consumer Disputes Redressal Commission

43. Qualifications etc. of President and Members of State Commission

44. Salaries, allowances and other terms of Conditions of Service of President and members of State Commission etc.

45. Transitional Provision

46. Officers and employees of State Commission

47. Jurisdiction of State Commission

48. Transfer of cases

49. Procedure applicable to State Commission

50. Review by State Commission in Certain cases

51. Appeal to National Commission

52. Hearing of Appeal

Consultation when Chief Justice of High Court is an acting Chief Justice

Tenure

Removal

Jurisdiction of the Slate Commission

Original Jurisdiction

Appellate Jurisdiction of State Commission

Ex-parte decisions

Presence of appellant not mandatory

Restoration of appeal not permissible

Revision

Transfer of cases [Section 48]

Circuit Benches

Procedure applicable to State Commission

Validity of order passed by President of the State Commission sitting singly

Notice under Section 80 CPC not necessary

Cross-examination

Evidence by experts

Complaints involving determination of complicated question of fact and law not to be

entertained by Consumer Commission

Appeal Before the National Commission [Section 51]

Appeal against Preliminary order passed by State Commission not maintainable before the

National Commission

Delay not condoned

Speaking order

Maintainability of writ petition against order of State Commission

NATIONAL CONSUMER COMMISSION

53. National Consumer Disputes Redressal Commission (NCDRC)

54. Composition of National Commission

55. Qualifications, etc. of President and Members of National Commission

56. Transitional Provisions

57. Other offficers and employees of National Commission

58. Jurisdiction of National Commission

Original Jurisdiction

Appellate Jurisdiction

Sitting of the National Commission & Signing of the order

Revisional Jurisdiction of the National Commission

Remand of cases

Review under Certain Cases [Section 60]

59. Procedure applicable to the National Commission

Procedure followed by the National Commission for disposal of

complaints

The Power of National Commission to grant relief includes power to

order certain thing to be done by the opposite party

60. Final Order of the National Commission

61. Power to set aside ex-parte orders

62. Transfer of cases

Circuit Benches of the National Commission

63. Vacancy in office of President of NCDRC

64. Vacanies or defects in appointment not to invalidate orders

65. Service of Notices, etc.

66. Experts to assist National Commission or State Commission

67. Appeal against order of National Commission

68. Finality of orders

Orders passed by FORA under the Consumer Protection Act are not

binding precedent

69. Limitation period

70. Administrative Control

71. Enforcement of orders of District Commission, State Commission and

National Commission

The Executing Court cannot go beyond decree

Dismissal of frivolous or vexatious complaints

72. Penalty for non-compliance of Order

73. Appeal against order passed under Section 72

MEDIATION

74. Establishment of Consumer Mediation Cell

75. Empanelment of Mediators

76. Nomination of mediators from the Panel

77. Duty of Mediator to Disclose Certain Facts

78. Replacement of Mediator in certain Cases

79. Procedure For Mediation

80. Settlement through mediation

81. Recording Settlement and Passing of order

PRODUCT LIABILITY

82. Application of the Chapter

83. Product Liability action

84. Liability of Product Manufacturer

85. Liability of Product service Provider

86. Liability of Product Sellers

87. Exceptions to Product Liability action

Definition of the term ‘Product’

Product liability

Position in India



CHAPTER VII

OFFENCES AND PENALTIES

88. Punishment for non-compliance of direction of Central Authority

89. Punishment for false or misleading advertisement

90. Punishment for manufacturing for sale or storing, selling or

distributing or importing products containing adulterant

91. Punishment for manufacturing for sale or for storing or selling or

distributing or importing Spurrious goods

92. Cognizance of offence by Court

93. Vexatious Search

CHAPTER VII

OFFENCES AND PENALTIES

88. Punishment for non-compliance of direction of Central Authority

89. Punishment for false or misleading advertisement

90. Punishment for manufacturing for sale or storing, selling or

distributing or importing products containing adulterant

91. Punishment for manufacturing for sale or for storing or selling or

distributing or importing Spurrious goods

92. Cognizance of offence by Court

93. Vexatious Search

CHAPTER VIII

MISCELLANEOUS

94. Measures to prevent unfair trade prctices in e-commerce, direct selling

etc.

95. Presidents, members, Chief Commissioner, Commissioner and certain

other offficers to be Public servants

96. Compounding of offences

97. Manner of Crediting Penalty

98. Protection of action taken in good faith

99. Power to give directions by Central Government

100. Act not in derogation of any other law Section 100 provides

additional remedy

101. Power of the Central Government to make Rules

102. Power of the State Government to make Rules

103. Power of National Commission to make regulations

104. Power of Central Authority to make regulations

105. Rules and Regulations to be laid before each House of Parliament

106. Power to remove Difficulties

107. Repeal and Savings

APPENDIX