TY - BOOK AU - Paranjape, N. V. TI - Consumer Protection Law in India : : The Consumer Protection Act, 2019 (Act No. 35 of 2019) SN - 9788194808015 U1 - 343.54071 PAR 23rd PY - 2021/// CY - Prayagraj, Uttar Pradesh PB - Central Law Publications KW - India; Consumer protection--Law and legislation N1 - 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 UR - https://www.clplawbooks.com/book_detail/638#specifications ER -