The document summarizes key changes between India's 1986 Consumer Protection Act and the 2019 Consumer Protection Bill. Some of the major changes highlighted include:
- The 2019 Bill expands the scope of protection to online transactions and platforms. It also covers issues like endorsements, product liability, and unfair contracts.
- A Central Consumer Protection Authority is established to regulate consumer rights violations, unfair trade practices, and misleading advertisements.
- Pecuniary jurisdiction limits of consumer commissions/courts have been increased to reduce case burden at higher levels.
- Additional unfair trade practices like failure to provide receipts and refusal to accept returns within 30 days are covered.
Integrated Marketing Communication - Liability for Misleading Advertisements ...Akanksha Gohil
Liability for Misleading Advertisements – Key
Features of Consumer Protection Bill Recently Passed
1.Law passed
2. Its liablities
3. Reaction of the population
4. Future strategies
5. Critical analysis
6. conclusion
The Consumer Protection Act, 2019 has been enacted for the purpose of providing timely and effective administration and settlement of consumer disputes and related matters.
Integrated Marketing Communication - Liability for Misleading Advertisements ...Akanksha Gohil
Liability for Misleading Advertisements – Key
Features of Consumer Protection Bill Recently Passed
1.Law passed
2. Its liablities
3. Reaction of the population
4. Future strategies
5. Critical analysis
6. conclusion
The Consumer Protection Act, 2019 has been enacted for the purpose of providing timely and effective administration and settlement of consumer disputes and related matters.
Know All-About The New Consumer Protection Law.
Read/Download this month's Taxmann Review Bulletin to know about the changes introduced in the new Consumer Protection Act, 2019.
Potential tax changes proposed by finance bill 2021ArianaJustin
A N G CPA Professional Corporation - Chartered Professional Accountants of Ontario is a proud accounting firm and a public office authorized by CPA Ontario since 1990. We offer top-notch and affordable accounting services for a wide array of industries. Along with private business practices, our organization caters to professionals such as Lawyers, Dentists, Doctors etc. with services such as Financial Statements (Compilation, Review, Audits), Bookkeeping, and payroll services. We also specialize in services for Lawyers such as Monthly Bank reconciliations, PC-LAW training, PC-LAW Support, Assistance for Audit from law Society of Ontario and Payroll Services.
The Consumer Protection Act 1986 was enacted by the Indian Parliament to safeguard the interests of consumers (COPRA). The Consumer Protection Act of 2019 overcomes the Consumer Protection Act of 1986. The Assembly approved the Act in October 1986, and it went into force on December 24. The relevant statute was enacted prior to the COPRA act. In order to address consumer complaints and related difficulties, it was formed to create consumer research, councils, and other organizations.
In business, consumers occupy a very important place. The producers produce goods on the basis of tastes, likings, preferences etc. of the consumers. Consumer is the central point around which business activities revolves. In Spite of great importance of consumers they may be the victims of immoral businessmen. An important aspect is that there is lack of knowledge on the part of consumers and they are not organized as opposed to the sellers who are well informed and organized. To protect the consumers from unscrupulous businessmen and to provide easy remedy for their complaints, the Consumer Protection Act was passed in the year 1986. The Act extends to the whole of India except the State of Jammu and Kashmir. After completion of this unit you will be able to understand some important definitions under this Act as well as the various provisions under which consumers are given wide legal power to resolve their complaints. We will also discuss the various consumer forums created under this Act as redressal agencies for consumer grievances along with the procedure of filing a complaint in consumer forums, consumer protection councils, penalties for not complying with the orders of forums etc.
Know All-About The New Consumer Protection Law.
Read/Download this month's Taxmann Review Bulletin to know about the changes introduced in the new Consumer Protection Act, 2019.
Potential tax changes proposed by finance bill 2021ArianaJustin
A N G CPA Professional Corporation - Chartered Professional Accountants of Ontario is a proud accounting firm and a public office authorized by CPA Ontario since 1990. We offer top-notch and affordable accounting services for a wide array of industries. Along with private business practices, our organization caters to professionals such as Lawyers, Dentists, Doctors etc. with services such as Financial Statements (Compilation, Review, Audits), Bookkeeping, and payroll services. We also specialize in services for Lawyers such as Monthly Bank reconciliations, PC-LAW training, PC-LAW Support, Assistance for Audit from law Society of Ontario and Payroll Services.
The Consumer Protection Act 1986 was enacted by the Indian Parliament to safeguard the interests of consumers (COPRA). The Consumer Protection Act of 2019 overcomes the Consumer Protection Act of 1986. The Assembly approved the Act in October 1986, and it went into force on December 24. The relevant statute was enacted prior to the COPRA act. In order to address consumer complaints and related difficulties, it was formed to create consumer research, councils, and other organizations.
In business, consumers occupy a very important place. The producers produce goods on the basis of tastes, likings, preferences etc. of the consumers. Consumer is the central point around which business activities revolves. In Spite of great importance of consumers they may be the victims of immoral businessmen. An important aspect is that there is lack of knowledge on the part of consumers and they are not organized as opposed to the sellers who are well informed and organized. To protect the consumers from unscrupulous businessmen and to provide easy remedy for their complaints, the Consumer Protection Act was passed in the year 1986. The Act extends to the whole of India except the State of Jammu and Kashmir. After completion of this unit you will be able to understand some important definitions under this Act as well as the various provisions under which consumers are given wide legal power to resolve their complaints. We will also discuss the various consumer forums created under this Act as redressal agencies for consumer grievances along with the procedure of filing a complaint in consumer forums, consumer protection councils, penalties for not complying with the orders of forums etc.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ADR in criminal proceeding in Bangladesh with global perspective.
Consumer Protection Bill 2019-BMS.ppt
1. Consumer Protection Bill, 2019
By
Dr.Prasanna Kumar T M
Professor & HOD, MBA | PESITM, Shivamogga
National Level Round Table Discussion on the
Consumer Protection Bill, 2019
&
Silver Jubilee Celebrations of CREAT
B M S College of Law , Bengaluru
2. Key Highlights
Mid-August, the Consumer Protection Act, 2019 (2019 Act) received Presidential assent
and came into effect
2019 Act, has substantially enhanced the scope of protection afforded to consumers, by
bringing within its purview advertising claims, endorsements and product liability, all of
which play a fundamental role in altering consumer behavior and retail trends in the
21st century.
The definition of “consumer” under the 2019 Act includes those who make purchases
online.
Endorsement of goods and services, normally done by celebrities, are also covered
within the ambit of the 2019 Act. In fact, an additional onus has been placed on
endorsers, apart from manufacturers and service providers, to prevent false or
misleading advertisements.
3. Key Highlights
In contrast to the 1986 Act, the definition of “goods” has been amended to include
“food” as defined in the Food Safety and Standards Act, 2006. This would also bring the
meteorically rising number of food delivery platforms within the fold of the 2019 Act.
Interestingly, “telecom” has been added to the definition of “services” to bring telecom
service providers within the purview of the 2019 Act. (not clear about inclusion of
internet, cellular and data services)
A significant addition to the 2019 Act is the introduction of “product liability” whereby
manufacturers and sellers of products or services have been made responsible to
compensate for any harm caused to a consumer by defective products, manufactured or
sold, or for deficiency in services
4. Key Highlights
Another newly introduced concept is that of “unfair contracts” aimed to protect
consumers from unilaterally skewed and unreasonable contracts which lean in favour of
manufacturers or service providers.
The definition of “unfair trade practices” has been enlarged to include electronic
advertising which is misleading, as well as refusing to take back or withdraw defective
goods, or to withdraw or discontinue deficient services, and to refund the consideration
within the period stipulated or in the absence of such stipulation, within a period of
thirty days.
It is now also an offence if any personal information, given in confidence and gathered
in the course of a transaction, gets disclosed.
5. Key Highlights
The 2019 Act continues to have Consumer Dispute Redressal Commissions at the
District, State and National levels (Consumer Commissions), however the pecuniary
jurisdiction, i.e. the monetary value of complaints that can be entertained, of each of
these commissions have been substantially increased to reduce the burden on the State
and National Commissions by encouraging consumers to approach the District
Commission for complaints valued up to Rupees 1 Crore.
Furthermore, the jurisdiction of the Consumer Commissions has also been expanded to
allow complaints to be made where the complainant resides or personally works for
gain, as opposed to the 1986 Act where complaints had to be instituted where the
opposite party resides or conducted business, or where the cause of action arose.
6. Key Highlights
The new legislation has created a Central Consumer Protection Authority (Authority) to
inter alia “regulate matters relating to violation of rights of consumers, unfair trade
practices and false or misleading advertisements which are prejudicial to the interests of
public and consumers and to promote, protect and enforce the rights of consumers as a
class.” To enforce this provision, the Authority is empowered to inquire and investigate,
which it does through a dedicated investigative wing set-up headed by a Director-
General, analogous to the Competition Commission. Additionally, the Authority can also
file complaints and intervene in matters before the Consumer Commissions.
8. Provision : Ambit of law
1986 Act
All goods and services for
consideration
Free and personal services are
excluded
2019 Bill
All goods and services, including
telecom and housing construction,
and all modes of transactions
(online, teleshopping, etc.) for
consideration.
Free and personal services are
excluded
9. Provision : Unfair trade practices
1986 Act
Includes six types of such practices,
like false representation, misleading
advertisements.
2019 Bill
Adds three types of practices to the
list, namely: (i) failure to issue a bill
or receipt; (ii) refusal to accept a
good returned within 30 days; and
(iii) disclosure of personal
information given in confidence,
unless required by law or in public
interest.
Contests/ lotteries may be notified
as not falling under the ambit of
unfair trade practices
10. Provision : Product liability
1986 Act
No provision.
2019 Bill
Claim for product liability can be
made against manufacturer, service
provider, and seller.
Compensation can be obtained by
proving one of the several specified
conditions in the Bill.
11. Provision : Unfair contracts
1986 Act
No provision.
2019 Bill
Defined as contracts that cause
significant change in consumer
rights.
Lists six contract terms which may be
held as unfair.
12. Provision : Central Protection Councils (CPCs)
1986 Act
CPCs promote and protect the rights
of consumers.
CPCs established at the district,
state, and national level.
2019 Bill
Makes CPCs advisory bodies for
promotion and protection of
consumer rights.
Establishes CPCs at the district, state
and national level
13. Provision : Regulator
1986 Act
No provision.
2019 Bill
Establishes the Central Consumer
Protection Authority (CCPA) to
promote, protect, and enforce the
rights of consumers as a class.
CCPA may: (i) issue safety notices; (ii)
pass orders to recall goods, prevent
unfair practices, and reimburse
purchase price paid; and (iii) impose
penalties for false and misleading
advertisements.
14. Provision : Pecuniary Jurisdiction of Commissions
1986 Act
District: Up to Rs 20 lakh.
State: Between Rs 20 lakh and up to
Rs one crore.
National: Above Rs one crore.
2019 Bill
District: Up to Rs one crore
State: Between Rs one crore and up
to Rs 10 crore.
National: Above Rs 10 crore.
15. Provision : Composition of Commissions
1986 Act
District: Headed by current or
former District Judge and two
members.
State: Headed by a current or
former High Court Judge and at least
two members.
National: Headed by a current or
former Supreme Court Judge and at
least four members.
2019 Bill
District: Headed by a President and
at least two members
State: Headed by a President and at
least four members
National: Headed by a President and
at least four members.
16. Provision : Appointment
1986 Act
Selection Committee (comprising a
judicial member and other officials)
will recommend members on the
Commissions.
2019 Bill
No provision for Selection
Committee. Central government will
appoint through notification.
17. Provision :
Alternate dispute redressal mechanism
1986 Act
No provision.
2019 Bill
Mediation cells will be attached to
the District, State, and National
Commissions.
18. Provision : Penalties
1986 Act
If a person does not comply with
orders of the Commissions, he may
face imprisonment between one
month and three years or fine
between Rs 2,000 to Rs 10,000, or
both..
2019 Bill
If a person does not comply with
orders of the Commissions, he may
face imprisonment up to three years,
or a fine not less than Rs 25,000
extendable to Rs one lakh, or both.
19. Provision : E-commerce
1986 Act
No provision
2019 Bill
Defines direct selling, e-commerce
and electronic service provider.
The central government may
prescribe rules for preventing unfair
trade practices in e-commerce and
direct selling.
20. Issue 1
It is unclear on how the Consumer Protection Authority will practically function,
especially since existing District Collectors have been tasked to undertake certain
functions pertaining to inquiries and investigations. There is also considerable overlap
between the investigative wing and the search and seizure functions of the District
Collector, which are likely to lead to a potential conflict of interest..
21. Few Issues
It is unclear on how the Consumer Protection Authority will practically function,
especially since existing District Collectors have been tasked to undertake certain
functions pertaining to inquiries and investigations. There is also considerable overlap
between the investigative wing and the search and seizure functions of the District
Collector, which are likely to lead to a potential conflict of interest.
At this point, one is also unclear on whether matters currently pending before the
Consumer Commissions will continue or if they are likely to get transferred on account
of the change in pecuniary jurisdiction. This ambiguity will further add to delays.