#Consumer Protection Act 2019 will replace the old Consumer Protection Act 1986
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पेट्रोलपंप पर तेल चोरी पड़ेगी भारी! ग्राहक की शिकायत पर रद्द होगा लाइसेंस, पहली बार मिले नए अधिकार
पेट्रोलपंप पर तेल चोरी पड़ेगी भारी! ग्राहक की शिकायत पर रद्द होगा लाइसेंस, पहली बार मिले नए अधिकार
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नए उपभोक्ता संरक्षण अधिनियम 2019 के तहत पेट्रोल पंप संचालक उपभोक्ता को ठग नहीं सकते. देश में रोज पेट्रोल पंपों पर मशीनों में चिप लगाकर पेट्रोल (Petrol) और डीजल (Diesel) की घटतौली के मामले को देखते हुए मोदी सरकार (Modi Government) ने सख्त कदम…
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#27 जुलाई 2020#Adulteration of solvent in Petrol#Adulteration Oil In country#Adulteration Petrol Diesel in country#Amazon Sale Offer#amazon sale offers in lowest price#business news#card details#Consumer Affairs ministry#Consumer Protection Act 2019#Consumer Protection Act 2019 will replace the old Consumer Protection Act 1986#dangerous malware#Deal of the Day#deal of the day on amazon#dispenser machine#features of Consumer Protection Act#Food & Public Distribution#Illegal Petrol Pump#Illegal Petrol Pump In country#Indian Parliament#IOCL petrol pump#Ministry of Cnsumer Affairs#modi government#New Consumer Protection Act 2019#oil theft#oil theft racket#ongc#online business in india#Petrol Pump#Ram Vilas Paswan
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पेट्रोलपंप पर तेल चोरी पड़ेगी भारी! ग्राहक की शिकायत पर रद्द होगा लाइसेंस, पहली बार मिले नए अधिकार
पेट्रोलपंप पर तेल चोरी पड़ेगी भारी! ग्राहक की शिकायत पर रद्द होगा लाइसेंस, पहली बार मिले नए अधिकार
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नए उपभोक्ता संरक्षण अधिनियम 2019 के तहत पेट्रोल पंप संचालक उपभोक्ता को ठग नहीं सकते. देश में रोज पेट्रोल पंपों पर मशीनों में चिप लगाकर पेट्रोल (Petrol) और डीजल (Diesel) की घटतौली के मामले को देखते हुए मोदी सरकार (Modi Government) ने सख्त कदम…
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#27 जुलाई 2020#Adulteration of solvent in Petrol#Adulteration Oil In country#Adulteration Petrol Diesel in country#Amazon Sale Offer#amazon sale offers in lowest price#business news#card details#Consumer Affairs ministry#Consumer Protection Act 2019#Consumer Protection Act 2019 will replace the old Consumer Protection Act 1986#dangerous malware#Deal of the Day#deal of the day on amazon#dispenser machine#features of Consumer Protection Act#Food & Public Distribution#Illegal Petrol Pump#Illegal Petrol Pump In country#Indian Parliament#IOCL petrol pump#Ministry of Cnsumer Affairs#modi government#new Consumer Protection act 2019#oil theft#oil theft racket#ongc#online business in india#petrol pump#ram vilas paswan
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9 ways today's society is like the one that filled Earth with garbage in WALL-E
https://sciencespies.com/humans/9-ways-todays-society-is-like-the-one-that-filled-earth-with-garbage-in-wall-e/
9 ways today's society is like the one that filled Earth with garbage in WALL-E
More than 10 years after it was released, watching Pixar’s film WALL-E today is a chilling experience.
The backdrop of WALL-E and EVE’s robot love story is a dystopian society where humans have abandoned Earth to their trash and left robots to clean up while they cruise space.
When the much-loved animation came out in 2008, it was a bittersweet warning to use less, move more, and stop staring at the damn screen.
But we obviously didn’t heed it too well, because as of 2019, we already have an uncomfortable amount in common with the futuristic humans aboard the Axiom spaceship.
The one thing the film’s creators were way off on? The timeline. WALL-E is set in 2805 (humans left Earth in 2105), but according to some key measures, we might not be that far off in reality.
Here are nine signs we’re going down the same path as the humans in WALL-E.
1. We can’t stop buying stuff
Thanks to technological and social advances, every day more people are moving out of poverty and into the consumer class. We’re also living in a more peaceful time than ever before. What do we do with all that extra time, energy, and money?
We consume.
(Walt Disney Pictures/Pixar)
The average US household now owns 300,000 things; 10-year-olds in the UK have 238 toys – but only play with around 12 of them. We shop so much, we increasingly have to rent off-site storage units. And then every few seasons we throw it all out and start again.
With the internet opening up new avenues for consumption – shopping on Instagram, influencer-inspired buying, and now even publishers telling us what to buy – it’s not hard to imagine how our desire to buy new things is overwhelming the planet.
The Buy n Large tagline “Too much garbage in your face? There’s plenty of space out in space!” playing on loop in WALL-E could easily apply.
We never see the humans of the film before they leave Earth for the Axiom, but based on the waste and omnipresent advertising they leave behind, it’s safe to say they liked to shop, too.
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So is there a way to keep shopping and avoid that fate? Probably not – in the United Nations’ (UN) draft Global Sustainable Development Report 2019, researchers argue that this consumerist system isn’t compatible with protecting the planet.
“Economies have used up the capacity of planetary ecosystems to handle the waste generated by energy and material use,” the report explains.
2. We’re drowning in our own waste
The major plot line of WALL-E is that Earth has been overrun with garbage, making it unsuitable for plant or animal life. The WALL-E robots were tasked with cleaning it up, while humans enjoyed a five-year off-planet cruise (which, spoiler alert, ended up lasting centuries).
While we may not have city-sized trash mounds today, that doesn’t mean we don’t have a problem with the waste we’re spewing out into the environment.
(Walt Disney Pictures/Pixar)
Pollution is already one of the leading causes of death worldwide, killing 9 million people each year and predicted to get worse. A World Health Organisation study last year found that 93 percent of children on the planet are now breathing in polluted air.
With plastic waste and rubbish choking our plants and animals, and human-induced climate change increasing ocean acidification and forest fires, the planet is becoming a less friendly place for life – even our own fertility rates are dropping.
And it’s only going to get worse, with China soon refusing to take in any of the nearly 4,000 shipping containers of waste the US sends each day for recycling.
3. We’re dominated by mega companies
In WALL-E, society has become dominated by a mega conglomerate punfully called Buy n Large, or BnL. By the time Earth is abandoned, BnL has become so omnipresent, it not only covers cities with its advertisements and discarded products, but also owns the spacecraft humans leave on. It also has the power to declare global emergencies.
(Walt Disney Pictures/Pixar)
Today, there are just a handful of megacompanies that have huge power of the rest of us and our futures, capable of driving fake news, opioid crises, and covering up climate change.
In fact, just 100 companies are responsible for 71 percent of the world’s greenhouse gas emissions.
And while the whole space thing might sound futuristic, don’t forget retail giant Amazon not only sells billions of products to consumers all around the world, its founder Jeff Bezos also owns Blue Origin – an aerospace company that aims to help facilitate ‘private human access to space’.
(Blue Origin)
4. We’re lonely, despite being more connected
Humans are more connected than ever before thanks to technology, and yet we also report feeling more isolated than ever. In many parts of the world, we’re having less sex and birth rates are dropping. Twenty-two percent of millennials say they have “no friends”.
This type of empty connection is mirrored in WALL-E, where the robots are more human than the humans are.
On the Axiom, humans have digital screens perpetually beamed in front of their faces that allow them to video chat, but we don’t see any intimate family groups. No one touches (until WALL-E and EVE come along), and we don’t see couples together, or parents with children – toddlers are raised by AI in classrooms.
(Walt Disney Pictures/Pixar)
5. Obesity is on the rise
Okay, this one’s obvious – one of the most striking things about the humans in WALL-E is that they’re all fat. Just look at how the Axiom’s captains have changed since the mission launched.
(Walt Disney Pictures/Pixar)
To be fair, space reduces muscle mass and makes you puffy.
But we’re not on a dissimilar path of weight gain. Obesity rates have nearly tripled since 1975 and are still increasing.
In the film, it probably has something to do with the fact that people no longer walk. Even as babies, they use self-driving hoverchairs to get them around.
That isn’t so far fetched – with self-driving car technology moving out of the lab, and people more sedentary than ever before, it’s not hard to imagine us all sitting back and letting technology drive us around.
And then there’s this photo, taken in Walmart in 2015:
(mlevid/Imgur)
In fact, BMW has already made something that looks suspiciously like the WALL-E chair, their ‘personal mobility concept’ vehicle i-REAL.
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6. We can’t stop staring at screens
I’m not just talking about social media here, but also Netflix, YouTube, Hulu… While we do use technology to connect with friends and family across the globe in ways we couldn’t in the past, the average adult today consumes five times more information daily than a counterpart in 1986.
We’re also watching close to eight hours of TV a day. Our binge-watching has even become an environmental issue.
The humans in WALL-E are just a small step up from this, with their screens now projected in front of them all the time – giving them 24/7 access to ads, entertainment, and shopping.
(Walt Disney Pictures/Pixar)
In one telling scene, two friends are chatting to each other online but never realise they’re actually right next to each other. Another woman only realises there’s a gigantic pool on the cruise ship after her screen is interrupted by WALL-E getting in her way.
Sound familiar?
7. We feel useless
In a crucial line in the film, the Axiom’s Captain B. McCrea tells the autopilot “I don’t want to survive, I want to live.” Up until that point, the only thing he’s done himself is read out the morning announcements.
The rest of the humans on board don’t seem to work at all. They’re purposeless – their roles replaced by technology and their home planet destroyed. Even back on Earth, WALL-E was left behind just cubing up waste and moving it from one place to the next.
(Walt Disney Pictures/Pixar)
Many of us don’t feel much more productive. A 2015 poll in the UK revealed that 37 percent of Brits think their job is meaningless. And scientists have predicted that roughly half of all jobs will be replaced by technology – not centuries from now, but in the next 20 years.
On top of that, we often feel powerless in the face of the climate crisis, with our best attempts at action dwarfed by the negative impacts from industry and government.
8. Going to space might be our only chance of survival… if you can afford it
The Axiom wasn’t taking people offshore as a humanitarian act – it was a ticketed, luxury cruise. There’s no mention of other evacuation missions from Earth, so if we assume the Axiom is all that’s left, what happened to the humans who couldn’t afford a ticket?
Probably the same thing that will happen, and is already happening, to those of us who aren’t rich enough to be protected from the worst effects of climate change.
Going to space is one option for human survival if our planet becomes so hot that it’s no longer habitable. But even with reusable rockets, space is expensive, and there won’t be room for everyone.
9. There’s still hope
As depressing as the film may be, there’s still hope for humanity. Life starts to bloom again on Earth. The antics of WALL-E and EVE wake up the passengers from their mindless scrolling. Captain B. McCrea fights back.
(WALL-E, Walt Disney Pictures/Pixar)
And there’s hope for us, too.
Yes, the outlook is bleak, but the science is clear – we can turn this ship around. Every degree of warming we can avoid will save lives, will protect ecosystems.
Perhaps the biggest difference between us and the humans in WALL-E is that we’re not useless – yet. We might feel it, but we still have a role to play in stopping the coming climate crisis.
In turning around our mindless consumption. In remembering that we vote governments in to serve our interests, not to protect the status quo. And we shouldn’t be scared to vote them out.
This is why we’re striking today. There is no news worth covering that could possibly be more important than reminding society that we still have a voice, and we still have power.
This article is part of ScienceAlert’s special climate edition, published in support of the global #ClimateStrike on 20 September 2019.
#Humans
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The Consumer Protection Act, 2019 (“New Act”) received the President’s assent on 9th August 2019 and has replaced the Consumer Protection Act, 1986 (“Old Act”). The New Act attempts to bring in a new era of consumer protection laws and makes appropriate changes to bring the law in sync with the changing times.
#Consumer Protection Act#Consumer Protection Act 2019#Consumer Protection#Asian Law College#ALC#BALLB#LLB
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In my recent blog, I shall deal with a newly formed statue namely – The Consumer Protection Act, 2019. This Act has come as a big relief to the consumers and has drastically changed a few areas in the old Act of 1986. This Act of 2019 has been said to be a big positive breakthrough for the consumers and has revamped the three decade old Act which, now has been replaced by the present one.
My blog shall deal with the following pointers mentioned below.
1. Introduction to the Consumer Protection Act, 2019.
2. Changes brought by the Consumer Protection Act, 2019.
3. Conclusion.
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The New Consumer Protection Act,2019 in India is an upper hand and an added advantage for the consumers in manifold ways
The Consumers can now cheer as the Consumer Protection Act, 2019 has recently replaced the three decade old Consumer Protection Act, 1986. The Consumer Protection Act, 2019 which came into effect on Monday (July 20) has replaced the earlier Consumer Protection Act, 1986.
The new Act as per the Experts say that “it gives more power to the consumers”. It seeks to revamp the process of…
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#2019#2020#2021#Act#advantages#blogwriting#case#caselaws#characteristics#Citations#Consumer#consumerprotectionact#corona#corona lockdown#corona time#coronaeffect#coronalockdown#coronatime#cost#great#india#india lead the world#india self reliant#interesting facts#LawandOrder#lawnews#Lawyer#blog#confidence#COVID-19
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New Consumer Protection Act of 2019 to Protect Online Customers
New Consumer Protection Act of 2019 to Protect Online Customers
Finally, the old consumer protection act of 1986 got replaced with the new Consumer Protection Act of 2019 to Protect Online Customers.
The new law retains all the components of the landmark 1986 law that gave Indian consumers, their six basic rights and a consumer justice system. However, it further expands the scope of the consumer courts to deal with complaints pertaining to e-commerce, M…
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#Central Consumer Protection Authority (CCPA)#consumer protection act of 1986#Consumer Protection Act of 2019#CP Act of 2019#e-commerce#MLM/direct selling entities
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बड़ी खबर: Online Shopping करने वालों के लिए खुशखबरी, देश में 27 जुलाई से लागू होंगे ये नए नियम
बड़ी खबर: Online Shopping करने वालों के लिए खुशखबरी, देश में 27 जुलाई से लागू होंगे ये नए नियम
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केंद्र सरकार 27 जुलाई 2020 से देश में ई-कोमर्स कंपनियों के लिए नए निएम लागू कर देगी. उपभोक्ता संरक्षण अधिनियम 2019 (Consumer Protection Act 2019) के अंदर ही ई-कॉमर्स (E-Commerce) कंपनियों पर भी नए नियम लागू होंगे. यह कानून भी उपभोक्ता संरक्षण…
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#20 जुलाई 2020#27 जुलाई 2020#Amazon#Amazon Sale Offer#amazon sale offers in lowest price#card details#Consumer Protection Act 2019#Consumer Protection Act 2019 will replace the old Consumer Protection Act 1986#dangerous malware#Deal of the Day#deal of the day on amazon#e-commerce#E-retailers#features of Consumer Protection Act#Flipkart Online shopping#Food & Public Distribution#Indian Parliament#Ministry of Cnsumer Affairs#modi government#new law of Online shopping in india#online business in india#Ram Vilas Paswan#ramvilas paswan#Retail Price#shopping on Amazon#tech#tech Headlines#tech Latest News#tech news#The Consumer Protection Bill
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The Underlying fallacies of Consumer Protection Bill, 2019; Analyzing Unsound Provisions of the Bill
The Underlying fallacies of Consumer Protection Bill, 2019, analyzing Unsound Provisions of the Bill
The Lok Sabha on July 30 passed the Consumer Protection Bill, 2019 which will replace the existing 1986 Act. The passage of the Bill is termed by the government as the accomplishment towards creating an effective consumer redressal mechanism, but contrary to it, the bill contains several anomalies which raises question over centre’s move to incorporate such provisions which are: firstly, in direct violation of Hon’ble Supreme Court’s ruling, secondly, reducing the state’s power and enabling centre to interfere in state’s matter, thereby disturbing the federal structure, and thirdly, vague and absurd hence required more clarifications.
In this article, I will discuss the untold provisions of the Bill, which aren’t highlighted by the government and how it will affect consumer interests.
KEEPING MEDICAL SERVICES OUT OF THE BILL VIOLATES SUPREME COURT’S RULING
Unlike the 2016 Bill, the new Bill altered the definition of services and removed medical services out of its scope, hence now a consumer has only option to face litigation in civil courts to claim their damages as under new bill it can’t approach Central Consumer Protection Authority proposed to be established under the new Bill. In Indian Medical Association v. V.P. Shantha, the 1995 Supreme Court held that the “service rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under a contract of personal service), by way of consultation, diagnosis, and treatment, both medicinal and surgical, would fall within the ambit of ‘service’ ”. Furthermore, the Supreme Court reiterated that providing medical assistance for payment carried on by hospitals and members of the medical profession falls within the scope of the expression of service, and in the event of any deficiency in the performance of such service the aggrieved party can invoke the remedies provided under the Act by approaching to the Consumer Forum.
With the rising per capita, health expenditure and illiteracy among consumer often presents instances where consumer felt cheated by the medical practitioners by undertaking the wrong diagnosis on the patients or charging excessive prices for services, therefore it becomes necessary to have checks and balances over the services provided by the medical practitioners. Exempting medical services from the ambit of the new Bill would provide a secure seat for Medical practitioners, and hence would escalate the more cases of fraud and cheating upon the patients.
WHAT WILL HAPPEN TO CASES REGISTERED UNDER 1986 ACT AFTER IT GETS REPEALED?
Section 107(1) of the new Bill provides the repealing provisions which read as “The Consumer Protection Act, 1986 is hereby repealed”, furthermore Section 107(2) only states about anything is done or any action taken or purported to have been done or taken under the old Act shall be repealed and deemed to be taken under the corresponding provisions of the new Bill, but this will happen in case when the actions are taken or to be taken are not inconsistent with the provisions of the new Bill. Now, the important question arises what will happen to the cases pending before different consumer forums at district, state, and national level if they are inconsistent with the provisions of the new Bill (as the old Act is repealed)?
DEPOSIT OF 50% OF THE AMOUNT INVOLVED IN THE MATTER DURING APPEAL TO NATIONAL COMMISSION WILL CAUSE HARDSHIP
In the new Bill, proviso to Section 51(1) states that if any person aggrieved by the State Commission’s order then it may prefer an appeal before the National Commission within the 35 days, and no appeal would be entertained if the appellant hasn’t deposited 50% of the amount awarded to him involved in the matter. I believe incorporating a mandatory provision to deposit 50% of the awarded amount will cause hardship to the appellant; rather what amount is deposited should be kept with the discretion of the Commission itself.
THE BILL LACKS QUANTUM AND QUALIFICATION FOR MEMBERS TO BE APPOINTED TO THE CONSUMER PROTECTION COUNCIL
Section 3 of the proposed Act, talks about the establishment of the Central Consumer Protection Council which is to be chaired by Union Minister of Consumer Affairs. Section 3(2) (b) provides that Central Council shall consist of “such number of other official or non-official members representing such interests as may be prescribed.” The plain reading of the clause gives the unclear and obscure interpretation about the number of members to be appointed and their qualification to be appointed to the CPC. The clause gives Central Govt. an enormous power to appoint anybody (whether he/she is capable to be appointed or not) and in any number as it wishes to appoint.
THE BILL DISTURBS THE FEDERAL STRUCTURE OF GOVERNANCE
Section 6(1) of the Bill provides for the establishment of the State Consumer Protection Council which will function similarly to that of Central Consumer Protection Council and will be headed by Consumer Affairs Minister of the State. Section 6(2) (C) states that “State Council shall consist of such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government”. It is pertinent to mention that interference of Central Government in appointment to the State Council will be a serious attack on the federal structure of the country as the state should have the right to appoint the members to the State Council.
SECTION 18(2) (A) IS FULL OF MANIFEST ARBITRARINESS AND SHOULD BE STUCK DOWN
Section 18(2) (a) of the Bill, gives the Central Authority the power for inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo moto or on a complaint received or on the directions from the Central Government. Incorporating provision for suo moto inquiry and investigation will give the government an unchecked power to search, report and investigate at any shop, company, industry, etc, which is unreasonable, arbitrary and is violative of Article 14 of the Constitution. For example: To receive electoral bonds from the companies or organizations, this provision provides govt. a tool to humiliate them by conducting raids, inquiry, and investigation into their stores, manufacturing units, etc.
The inquiry and investigation are justified if it has valid reasons to support such inquiry and investigation, but the government’s unbridled power to conduct inquiry and investigation needs reconsideration as it will create a phobia in the minds of shopkeepers, manufacturers of being raided any time which is not a good sign for ease of doing business.
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Consumer protection in the age of e-commerce
This article is written by Geeta, pursuing a Certificate Course In Technology Contracts from lawsikho.com.
Introduction
The formal business centres, shops, malls, retailers at the local level are limited to catering the necessities of the population within a confined geographical location compared to e-commerce websites that cater to a world with no barriers. With the advancement in technology, our way of life has changed drastically. With the growth of e-portals, the geographical distance has been reduced to a large extent, a variety of commodities and services can be procured at ease with the click of a button. This has an obvious impact on local businesses. The 21st century has witnessed a boom in the e-commerce business. This article aims to give a bird’s eye view on consumer protection in view of the digital market.
Legal framework governing e-commerce websites
India enacted the Information Technology Act, 2000 (IT Act) to give effect to Model Law on e-commerce (MLE) which was adopted by the United Nations Commission on International Trade and Law (UNCITRAL) India is a signatory to MLE. The IT Act provides a regulatory framework for online businesses and prescribes punishment for violations; the mechanism of authentication of digital records, digital signature, procedures to be followed by certifying authorities. The procedure of adjudication for the offence of data theft and appellate authorities has been specified. It further defines cybercrime and lays down the punishment. However, the IT Act does not have any provisions to safeguard the interest of the consumer who may have grievances of products or services purchased online.
The Consumer Protection Act, 1986 (CP Act, 1986) was the only recourse that a buyer/consumer could take for any kind of grievances of online transactions in absence of specific law governing the transactions made on e-commerce websites and the CP Act 1986 was archaic and old. With the advent of e-commerce websites and growth in the consumer making online transactions, there was a need felt to amend the CP Act 1986. Recognising the lacunae in the CP Act 1986 which did not cater to the needs of the digital world, the Central Government replaced the CP Act 1986 with the Consumer Protection Act 2019 (CP Act,2019), it received the presidential nod on 09.08.2019. However, the draft rules as per the Ministry of Consumer Affairs, Food & Public Distribution (Department of Consumer Affairs) are yet to be notified. The Central Government had set 20th July 2020 as the date for any provision of the CP Act 2019 to come into force.
Key features of the Consumer Protection Act 2019
Expanded the definition of consumer
The scope of the term consumer has been defined broadly by including even consumers who make online purchases. The CP Act 2019 defines the term consumer as a person who buys goods or services for a consideration which is paid or partly paid or promised to be paid, however, it does not include the goods and services bought for resale or any commercial purpose. The CP Act 2019 stipulates very clearly in the explanation that the terms “buy any goods” or “hires or avail any services” would include even online transactions made by electronic means or by telemarketing and teleshopping. A person placing an order based on a teleshopping sale and is unsatisfied with the product such a consumer can file a complaint in the consumer forum.
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Wide scope of the term “deficiency”
The CP Act 2019 has enlarged the scope of the term “deficiency” by including an act of negligence, of omission or commission which results in loss or injury to the consumer, it further specifies that an act of withholding of relevant information from the consumer would amount to deficiency. This expansion of the definition is more relevant when many consumers are online shoppers, hiding any relevant information by the manufacturer or the seller or by the e-commerce website would impact the consumer’s decision. For instance, if a consumer purchases an electronic gadget online and the e-commerce portal fails to inform the consumer about the country of origin of the said electronic product. The information pertaining to the country of origin is crucial information for the consumer and if the information is suppressed and is hidden by the e-portal, it is possible for the consumer to raise grievances for the deficiency by withholding the crucial information pertaining to the country of origin.
Includes e-commerce
The CP Act 2019 goes on to define the term “e-commerce” as buying or selling of goods or services including digital products over a digital or electronic network. The concept of e-commerce websites is introduced in the CP Act, 2019 by using the term “electronic service provider”, by defining it as a person who provides technologies or processes to enable a product seller to engage in advertising or selling goods or services to a consumer and includes any online marketplace or an online auction site. With the recognition of the concept of online consumers, it is a huge relief for those who make digital transactions to have a forum to raise their grievances in case of any deficiency in service or products.
Defines endorsement
Section 2(18) of the CP Act 2019 defines the term endorsement as to include:
The message, verbal statement, demonstration,
Depiction of the name, signature, likeness or other personally identifiable characteristics of an individual,
Depiction of the name of the seal of an organisation or institution which makes the consumer feel that it reflects the view, belief, the experience of the person making such endorsement.
This provision could be used against websites promoting the sales of products or services by false and misleading advertisement. Companies making false claims of slim figures within a short period or making clothes white like snow, turning skin colour from dark to fair; these kinds of unrealistic claims made by companies should be watchful. Many television commercials, newspaper advertisements, advertisements on social media have celebrities endorsing the products or services, these celebrities will also now have to be extra careful before recommending. The e-commerce sites have to be careful while listing and endorsing their websites as they could also be made a party to the complaint.
Introduces product liability
With the introduction of the theory of “Product Liability,” the consumer can approach the product manufacturer, product service provider and also against the product seller which may include e-commerce websites for their grievances. Product liability provides avenues for making claims against any defective product. This concept of product liability is extremely essential for online consumers as the consumers are able to only view the product, the actual product may vary from the online version. A variation could be in the form of the texture, colour, size or the other features of the products. For instance, if a consumer has placed orders for a chandelier considering it to be big as shown online, however, on receipt of the product the chandelier is too small than what was depicted on the website and the measurements were also incorrectly provided, then the concept of product liability comes into play as the consumer can bring claims against the manufacturer as well as the e-commerce website for providing the defective product.
Addresses misleading advertisement
Recognising the issue of advertisements making bogus and fictitious claims and duping innocent consumer, the notion of “misleading advertisement” has been defined in the CP Act, 2019 as advertisements in relation to product or service gives a false description, false guarantee to nature, substance, quality or quantity, and conveys an express or implied representation which, if made by the manufacturer or seller or service provider, would constitute an unfair trade practice or deliberately conceals important information. The Act prescribes penalties for false and misleading advertisements. With actions initiated against such advertisements, the manufacturers and producers of products may have to be meticulous about the contents and claims made in their advertisements.
Central Consumer Protection Authority (CCPA)
An additional authority has been added to the CP Act 2019 by the initiation of Central Consumer Protection Authority (CCPA) created to act as a regulatory authority, it shall be responsible for the protection of rights of the consumer as a class. The CCPA is to be constituted by the Central Government. This authority is empowered to regulate matters relating to violation prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class. An appeal to an order passed by the CCPA on this issue can be filed under the National Commission within a period of 30 days from the date of receipt of such order. The CCPA shall have an investigation wing headed by a Director-General for the purpose of conducting inquiry or investigation under this Act as may be directed by the CCPA. The CCPA could use its powers and direct all the e-commerce websites to display the country of origin on all products listed on their portals. The CCPA could also ask all the e-commerce portals to put online the grievance mechanism that the consumers can access at the website and display name and designation of the grievances officer as well contact number if websites are not following it already.
Alternate dispute mechanism
The CP Act, 2019 has introduced “Mediation” as an alternative dispute resolution with the intention to reduce the delay in the disputes and provide the parties with a chance to discuss and negotiate without having to approach the Commissions. The Act also lists the type of cases that may not go for mediation, it stipulates that when the issues involved will affect a large number of people, matters relating to medical negligence leading to death or grievous injury. The growing number of online consumers could impact the rising number of complaints. The forum of mediation would save the time, cost and energy for the consumers, using mediation for settling their grievances would be a time saver for all kinds of consumers.
Jurisdiction
Unlike the previous CP Act 1986, the amended Act categorically states that the complaint can now also be instituted in a district commission within the local limits of whose jurisdiction the complainant resides or personally works for gain, apart from filing in the jurisdiction where the other side actually or voluntarily resides, or carries on business, or has a branch office or personally works for gain. This feature is an added advantage for online consumers as they can file complaints at a place wherever they reside or work or carry on business. This concept definitely is a consumer-friendly feature and is advantageous to all kinds of consumers.
The pecuniary jurisdictions of the Commissions at the District, State and National Commission has been enhanced. The District Commission is empowered to look into complaints of deficiency of products or services for which consideration paid by the consumer values up to 1 crore. The State Commission can take up complaints for which consideration is more than one crore and does not exceed 10 crores. For disputes which involve services or products value beyond 10 crores may approach the National Commission.
Other changes in the Consumer Protection Act 2019
If anyone who is dissatisfied with the order of the District Commission can approach the State Consumer Commission, the limitation period for filing the appeal is increased from 30 days to 45 days.
Section 49(2) and 59(2) of the CP Act 2019 gives power to the State Commission and the National Commission respectively to declare any terms of contract which is unfair to any consumers.
A second appeal to the National Commission (NCDRC) cam is still exercised.
Section 71 of the CP Act 2019 confers powers of execution as provided under order XXI, the Civil Procedure Code,1908 with such limitations as provided in the Section.
Impact of COVID-19
The outbreak of COVID-19 (Coronavirus Disease 2019) followed by the unprecedented closure of the entire nation for a period of 3 months in forms of lockdown made consumers opt for e-commerce platforms. With the social distancing norms due to COVID-19, many consumers opt to shop online. The e-commerce website offers a wide range of products, comparative prices can be easily checked at a click and also one can review the experiences of others who have used the products, find for better alternatives before selecting the product or service etc.
However, it was realised that when the products are purchased online there was a lack of information by the web-portals about the country of origin. For a purchase made physically, the details of the products can be checked in its entirety; however, when one depends on the websites such information is not available. The online consumers were enraged that vital information about the country of origin was suppressed by the e-portals. Recognising the importance of display of such information as necessary and to give impetus to the Atma Nirbhar Bharat (Self-reliant India) policy of the Central Government for encouraging the consumer to buy products made in India, the Government Procurement Portal made it a mandatory requirement to display country of origin on all e-commerce platforms. Writ Petitions were filed in various High Courts and Supreme Court seeking directions for a display of country of origin by web portals. Many web portals such as Flipkart have started displaying the country of origin on all the products and Amazon India has asked the seller to provide information on the country of origin for the products listing. If any e-commerce websites continue to suppress country of origin for products sold online, can the consumer file complaints with the respective consumer forum on the ground of concealment or suppression of essential information.
Conclusion
The CP Act 2019 has been crafted with the view to cater all varieties of consumer be it online, teleshopping or offline; suitable measures have been built in to reduce misleading advertisement. The Act caters to the needs of the online consumers and provides a speedier dispute mechanism for grievance redressal and also provides an innovative method of resolving disputes by way of mediation. Celebrities, websites, e-commerce sectors will have to be very careful and extra cautious before endorsing any products or services. Territorial and monetary Jurisdiction has been clarified. It’s time we wait and watch the implementation of the robust CP Act 2019 and how it will turn out to be in actual practice.
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Consumer Protection Act 2019: आज से ग्राहक के तौर पर आपको मिल रहे ये अधिकार, जानिए इसके बारे में सबकुछ
Consumer Protection Act 2019: आज से ग्राहक के तौर पर आपको मिल रहे ये अधिकार, जानिए इसके बारे में सबकुछ
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नई दिल्ली.केंद्र सरकार ग्राहकों को पहले से और भी मजबूत बनाने और ज्यादा अधिकार देने के लिए 34 साल बाद नया कंज्यूमर प्रोटेक्शन एक्ट (Consumer Protection Act, 2019) लेकर आई, जिसे आज से लागू भी कर दिया जाएगा. बीते गुरुवार को ह�� सरकार ने इस बारे में नोटिफिकेशन जारी कर दिया है. नया कानून कंज्यूमर प्रोटेक्शन…
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बड़ी खबर: 20 जुलाई से पूरे देश में लागू होगा कंज्यूमर प्रोटेक्शन एक्ट, सरकार ने जारी किया नोटिफिकेशन
बड़ी खबर: 20 जुलाई से पूरे देश में लागू होगा कंज्यूमर प्रोटेक्शन एक्ट, सरकार ने जारी किया नोटिफिकेशन
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नई दिल्ली. कंज्यूमर प्रोटेक्शन एक्ट -2019 (Consumer Protection Act-2019) 20 जुलाई, 2020 से पूरे देश में लागू होगा. सरकार ने गुरुवार को कंज्यूमर प्रोटेक्शन एक्ट-2019 को पूरे देश में लागू करने का नोटिफिकेशन जारी कर दिया है. नया कानून कंज्यूमर प्रोटेक्शन एक्ट 1986 का स्थान लेगा. नए कानून में ग्राहकों को…
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The Consumer Protection Act, 2019: All You Need To Know!
The Consumer Protection Act, 2019: All You Need To Know!
The Consumer Protection Act, 2019 has come into enforcement from 20 Jul, 2020. Mr. Ram Vilas Paswan, Union Minister of Consumer Affairs, Food and Public Distribution, did the briefing of the act to the media on the same date through video conference. It will replace the old Consumer Protection Act, 1986.
Background
On 8 Jul, 2019, Mr. Ram Vilas Paswan introduced the Consumer Protection…
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