Highlights of Consumer Protection Bill

We are pleased to share with you that the Lok Sabha yesterday has cleared the Consumer Protection Bill 2018. Below are the key highlights of the bill. If you have any inputs on how the bill can best help address consumer grievances in India, you are welcome to share the same.

Salient Features of the Bill

1.Central Consumer Protection Authority (CCPA): Executive Agency to provide relief to a class of consumers. The CCPA will be empowered to-
Conduct investigations into violations of consumer rights and institute Complaints /Prosecution Order recall of unsafe goods and services
Order discontinuance of Unfair Trade Practices and Misleading Advertisements
Impose penalties on Manufactures /Endorsers /Publishers of Misleading Advertisements
2.Simplified Dispute Resolution process
i) Pecuniary Jurisdiction enhanced to-
District Commission –Up to Rs1 crore
State Commission- Between Rs1 crore and Rs 10 crore
National Commission –Above Rs.10 crore
ii) Deemed admissibility after 21days of filing
iii) Empowerment of Consumer Commission to enforce their orders
iv) Appeals only on question of law after second stage
v) Ease of approaching consumer commission
Filing from place of residence
E-filing
Videoconferencing for hearing
3.Mediation
An Alternate Dispute Resolution (ADR) mechanism
Reference to Mediation by Consumer Forum wherever scope for early settlement exists and parties agree for it.
Mediation cells to be attached to Consumer Forum No appeal against settlement through mediation
4. Product Liability
A manufacturer or product service provider or product seller to be responsible to compensate for injury or damage caused by defective product or deficiency in services
The Basis for product liability action will be:
Manufacturing defect
Design defect
Deviation from manufacturing specifications
Not conforming to express warranty
Failing to contain adequate instruction for correct use
Services provided arefaulty, imperfect or deficient

New Bill- Benefit to Consumers

Presently Consumer only have a single point of access to justice, which is time consuming. Additional swift executive remedies are proposed in the bill through Central Consumer Protection Authority (CCPA)
Deterrent punishment to check misleading advertisements and adulteration of products
Product liability provision to deter manufacturers and service providers from delivering defective products or deficient services
Scope for early disposal of cases through mediation
Provision for rules for new age consumer issues: e-commerce & direct selling

more  

View all 88 comments Below 88 comments
Mene ek mi store se mobile charger ka cable khreeda tha
Jb me use ghr pe aake charge kiya to usme charge ni hua
Jb m use wapas store p leke gya to unhone y kh k wapas kr diya ki wo
charger jo unhone mje diya tha wo ni h
Bol rhe h ki mene use ghr le jake bdal diya
Charger ki kimat h 299 rupee
Or uski size h 120 cm jesa ki Bill p or box p likha hua h
Lekin box m mje jo charger mila uski size h 80 cm
Ab wo mje blame kr rhe h ki mene charger k sath heraferi kri h
Mi service center wale bi is bat ko ni man rhe h
Store ka name h prince communication
Address h
21 22 ground floor mansi complex near swaminarayan mandir vastrapur
ahmedabad
Email princecomm12@gmail.com
Pls sir meri help kre

On Wed, 31 Jul 2019, 4:30 pm Dept. of Consumer Affairs (Government of
India), <connect@localcircles.info> wrote:

> more  
Great news Ravindran. What I would like to tell the Local Circles is how will you ensure that a person will get justice when he has to wait for a minimum of 5 years for the case to come up? more  
1564736703035508137159835210611___20190802023611___.jpg
No action till date then what is to be expected by consumer affairs ministry for benefit of consumers. more  
Now a days most people use E-commerce sites for buying products and services. These E-commerce organisations works with sub vendors who actually supply the products. Whenever there is a defect in a product which needs replacement or any warranty related issues then the E-commerce sites do not provide proper support. The customers are harassed since there is no other option. At times services are denied or or asked to take refund since that particular product is not available with the vendor who has dispatched the product. I have faced problems with Flipkart who had sent me product manufactured in 2015 whereas the product was procured on October 2018.
Also the E-commerce sites shows an older rate and then compares with the new rate to demonstrate a heavy discount. This is unethical. more  
I am among those who have learnt from personal experience that the current consumer courts had actually subverted the Consumer protection Act to such an extent that it has become Consumer Persecution Act. You may read my blogs (1)Chief MInister's Contact Program-consumer fora at
http://raviforjustice.blogspot.com/2011/11/chief-ministers-contact-program.html (2) http://www.slideshare.net/raviforjustice/complaint-cm-contpgmconsumerreply011211 and (3) https://www.slideshare.net/raviforjustice/comppm220417needforanationalquasijudicialappointmentsandaccountabilitycommission

The early CPA had a 3 months cap for disposing complaints but needless to say, it has been violated with impunity. In any case even the RTI Act has specified time frames for disposing off of applications and 1st appeals. But no such time frame has been prescribed for disposing of 2nd appeals. And together this lapse as well as the failure of the information commissioners to enforce the law in in letter, forget the spirit, has rendered even the time frames for disposing applications and 1st appeals meaningless.

And lastly, the railways has been inflating distance on the konkan route between Roha and Thokur by 40 40 pc and charging the consumers for the inflated distance. This is in violation of the consumers' right to know the correct details about the goods and services they are availing. But the existing consumer courts/commissions had failed to take cognizance of this fraud even when approached with a proper complaint. The district forum, Palakkad had said it did not come under the purview of the CPA! more  
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