5 Consumer Protection Laws in India

A central consumer protection authority examines issues relating to the infringement of consumer rights, infringements such as unfair commercial practices and false or misleading advertising that are not justified in the interests of consumers. In S.P. Goel v. Collector of Stamps,[63] the complainant filed a complaint under the Consumer Protection Act, 1986 when a document purporting to be a will was not registered for a period of six years by the Deputy Registrar who had sent it to the stamp collector for a complaint. He stated that he had been harassed by the Deputy Registrar and the Collector and prayed for compensation. The National Commission was confronted with this interesting factual allegation and it was decided that the complainant was not a « consumer » within the meaning of APRAP, 1986. The reason given was that the complainant had not used any service for remuneration and that a government official who was carrying out his duties as a public official under the law could not be considered to be providing a service to the applicant. A product manufacturer is liable for any harm caused to a consumer if the product [94] www.business-standard.com/article/pf/fight-your-own-consumer-case-116060500710_1.html medical services fall within the definition of « service » under the law. Thus, a person providing such services is accessible to the court of the competent court for consumer protection in the event of harm caused to the person using the services. [69] The CCAC may impose a fine of up to INR 1,000,000 on a manufacturer or endorser for false or misleading advertising and imprisonment for up to 2 years for such advertising. In the 1986 Act, liability lay only with manufacturers and service providers. Under section 21(2) of the 2019 Act, the Commission could even impose a fine of fifty lakhs on the assessor who continues to advertise false product information, even after receiving a consumer notice. The CCPA may also prohibit the endorser of misleading advertising from supporting that particular product or service for up to 1 year.

For each subsequent offence, the prohibition period may extend to 3 years. Brand ambassadors are required to carefully review the accuracy of claims about a product or service before selecting the brands that support them. In this introduction, we have below given an overview of the consumer protection laws in India and the main provisions regarding the rights and obligations and obligations of consumers of manufacturers/sellers, advertisers and e-commerce companies operating in India. Product liability is an important aspect of this bill that would benefit consumers. Under the provisions of this bill, a manufacturer or service provider would be required to compensate the consumer for loss or injury due to a manufacturing defect in the product or improper service. The National Commission, State Commissions and District Forums are obliged to decide on the complaint to the extent possible within three months from the date of receipt of the notification by the other Party, if the complaint does not require analysis or examination of the goods, and within five months if it requires an analysis or examination of the goods. Appeals are admissible within 30 days against the order of the District Forum of the State Commission and against the order of the State Commission of the National Commission. The appeal may also be brought before the Supreme Court against the order of the National Commission within 30 days. The Supreme Court may not appeal against a person who is required to pay an amount by order of the National Commission, unless that person has deposited fifty per cent of that amount or fifty thousand rupees in the prescribed manner, whichever is less. Similarly, the filing of ` 35000/- and ` 25000/- is required in case of complaints to the National Commission and the State Commission.

The various reports and comments received by the central government show that many consumer forums have not been provided with adequate housing, infrastructure and staff. In many state commissions and district forums, vacant positions of presidents/members have not been filled, which has a detrimental effect on the handling of cases. It should be remembered that consumer confidence ultimately depends on the proper functioning of consumer commissions/forums. It is therefore of the utmost importance that these organizations operate effectively, efficiently and without interruption. For this to happen, state governments have a certain role to play. Conclusion The efficient and effective consumer protection program is of particular importance to all of us, as we are all consumers. Even a manufacturer or supplier of a service is a consumer of other goods or services. If both producers/suppliers and consumers recognise the need for coexistence, falsified products, counterfeit products and other gaps in services would be a thing of the past.