New rules for ecommerce sector under CP Act 2019

Many of you have consistently given inputs over the last 2 years on various aspects of ecommerce and how to make ecommerce sector more consumer oriented in India

With all your inputs, the department has released the final ecommerce rules under the Consumer Protection Act 2019 and they are attached.

You are welcome to review them and share any inputs you may have. The objective has been to ensure that the consumer is protected when shopping via ecommerce platforms. Also, the Consumer Protection Act 2019 has been notified yesterday.

We look forward to your inputs! more  

View all 36 comments Below 36 comments
Here below are my views and comments on the new CPA-2019/2020 in response to participate in a Webinar conference organised by Upbhokta Halchal on Sunday 26 July, 2020:

Re: Registration Form talk on "Consumer Protection Act 2019" by UMAS on 26.07.2020
Yahoo
/
Sent



Yahoo! <gcmbinty@yahoo.com>
To:
Liyakat Ali

Sun, Jul 26 at 6:41 AM

"Dear Mr. Liyakat Ali,

"Thanks for the invite. Unfortunately i would not be able to attend the Webinar on 24th July (Sunday) because of my other committed appointment. Still my views on
I. CPA Act,
II. Misleading Advertisements
III. Product Liability from Expert Consumer Activists.

are as follows:

"First, please inform the participants that the character of consumer affairs (protection, education and awareness included) is non-political, non-commercial, and non-religious which has been blatantly ignored and violated by the political leadership. This must be correct and is possible only if the consumer activists themselves are following the said stated divinity of implementation of the Act.

Second, the consumer activists must endeavour to politicization of the architectural structure of Consumer Affair - the nominations to Consumer Protection Councils at the Centre and the States/UTs must not be by the political leadership at all. Instead, the nominations should be by the activist voluntary consumer organisations of the country in alphabetical order.

Third, there must be a fixed date of the reconstitution of the CCPC/Central Council by which the nominations must be completed instead of waiting for political decision that delays the reconstitutions.

Fourth, the nominations or appointment of President and the Members of Consumer Forums at all the levels must be non-political and done well before the tenure of the incumbent expires. It will be preferred if such appointments are done by the Union or State Public Service Commissions in order to avoid favoritism.

Fifth, it is absolutely necessary that the management of the CCPCs/Councils are managed by the Members of themselves instead of the bureaucrats under political discourses. Example: I suggested the GoI Department of Consumer Affairs to donate Rs.5 crores as cost of the quantity of the PPE kits for Safdarjang Hospital-Delhi as per their appeal for and on behalf of Consumers of India by the Members of the CCPC/The Council who are the representatives of the Indian Consumers, by passing a Resolution to this effect - not the Government of India, from the CWF which is personal of consumers. But the DoCA remained dead silent on this issue. The opinion at the Webinar conference would matter for future stature of the CCPC/CC and the consumers' independent handling of their activities.

Sixth, the consumers activists should demand the amendment to the Constitution for separation of inheriting or claiming the unclaimed property, movable and immovable. Consumers are interested in movable property i.e. the money which has been lying unclaimed and un-refunded in various public and private entities like banks, insurance companies, post office accounts, et al.

Seventh, the present amendment to the CPA-1986 into CPA-2019 and CPA-2020 show if there was no consumer protection prior to these amendments is totally political and against the salt of consumer protection. In fact such amendments should have been part of the evolution of consumer protection in India. Ethically the amendments are wrong.

I shall feel obliged if you could read the above suggestions for discussion at the Webinar conference. A confirmation of the outcome may please be sent to me.

Thanks once again with best wishes,

G C Mathur"

Now I invite the views and comments on the amendments of ACPA 1986 from the participants in this discussion. I have not appreciated the intention of this government to topsy turvy whatever good was done by the previous regimes. more  
The Consumer Protection Act, 2019 will be very useful while dealing with ecommerce. Let us hope there will be no complaints or very less complaints. more  
I have a suggestion. Following is a typical case.
I have ordered groceries with XXX through their web portal and the complete order was pre-paid. The order was placed for delivery in Koperkhairane, Navi Mumbai. Now it's been more than 10 days now and I am still waiting for my order delivery. I have sent several emails to the customer support, but till now no one has responded, and also there is no update on my order from XXX. To make matters worse there is no customer support number mentioned anywhere in their portal except the email id. Can anyone, please suggest on how to escalate this.
This is a complaint by a cheated customer(?)
There are many complaints like this where customers lose money or if they get refund, it is after months.
You are aware of ASBA, I suppose or Letter of Credit.
If you introduce something similar to it in ecommerce, it will not only save number of customer and heartaches. It will also save litigation and reduce police efforts on this count. more  
sec-4 (5) should be amended not only to acknowledgement of receipt of complaint BUT SHOULD SPECIFY HOW THE ENTITY IS PROPOSING TO RECTIFY SHORTCOMINGS & WHY IT COULD NOT BE RECTIFIED IMMEDIATELY & WHAT ACTION HAS BEEN TAKEN AND TIME BY WHICH THE SHORTCOMING WILL BE RECTIFIED BUT NOT LATER THAN A MONTH more  
E-commerce entity must display the Name (not bar code) of the Country of origin for each product on its website. This will help the consumer to take informed decision whether to buy the product of that country or not. more  
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