Consumer Protection Act 2019 – Brief

  • In India Sellers were the most vulnerable to the sellers as the principle followed was Caveat Emptor that is the purchaser beware but after the 19th century the principle changed Caveat venditor that is seller beware. The Consumer protection Act 1986 paved a way for the same by protecting the consumers and served its purpose for decades but there were problems which had to be still addressed and the older Act lacked such as speedy redressal , online filing , Ecommerce regulations etc. The necessity of new Ammendment was seen and so it got implemented in 2019 addressing the issues lacking .
  • The concept of product liability under Sec 2 (35) is a new concept introduced in this new Act as it puts the liability on the manufacture, distributor , seller for selling hazardous or spurious goods to the consumer.  The consumer can claim compensation for harm and damages , penalty can  be imposed and even license can be cancelled.
  • The most awaiting factor this amended act brings is the Ecommerce rules for curbing the malpractices growing in the ecommerce market, some of the important provisions are Ecommerce websites should be disclose properly is the sense , the payment method, shipment method, security of payment, guarantee of product, country of origin of the product( Aatmanirbhar bharat) , a redressal mechanism should be set up for consumer where complaint should be acknowledged within 48 hrs , and should be  resolved within a month.
  • The government has asked e-commerce companies to appoint a nodal officer to ensure compliance with the new rules on consumer protection.
  • The rules are applicable to e-commerce entities registered in India, as well as those registered abroad but offering goods and services to Indian consumers.
  • The most awaiting factor this amended act brings is the Ecommerce rules for curbing the malpractices growing in the ecommerce market, some of the important provisions are Ecommerce websites should be disclose properly is the sense , the payment method, shipment method, security of payment, guarantee of product, country of origin of the product( Aatmanirbhar bharat) , a redressal mechanism should be set up for consumer where complaint should be acknowledged within 48 hrs , and should be  resolved within a month.
  • The government has asked e-commerce companies to appoint a nodal officer to ensure compliance with the new rules on consumer protection.
  • The rules are applicable to e-commerce entities registered in India, as well as those registered abroad but offering goods and services to Indian consumers.
  • Their violations attract penal action under the Consumer Protection Act, 2019
  • A central protection authority is being set up to promote , protect and enforce the rights of consumer .The authority can carry out investigation , it can recall faulty goods and services, it  can prosecute defaulters, it can discontinue misleading acts , and impose penalties on such ads and concerned manufacturers, they can arrest , fine or restrain them . -they have prosecution powers
  • Consumer courts have been replaced to Consumer Dispute redressal commission
  • District – Upto  1 cr
  • State-  from 1cr to 10 cr
  • National – more than 10crores
  • These courts have appellate jurisdiction .
  • Consumer Welfare fund have been formed .
  • Electronic filling of complaints is encouraged through this bill.
  • This bill also recognizes the new age a Marketing Infuencers on various social media sites endorsing products, goods and services, as Sec 21 of the Act gives the Central Consumer Protection Authority (CCPA) to impose a penalty of up to INR 10 Lakhs upon the manufacturers or an endorser (includes influencers) for a misleading or false advertisement.
  • This penalty amount can go up to INR 50 Lakhs on any subsequent misleading or false advertisement by such manufacturer or endorser.
  • This provision is targeted to curb the misleading and false advertisement campaigns run through social media influencers. Thus, if an influencer does not make an upfront disclosure about the paid nature of any social media post and intentionally makes false claims about the characteristics of the product then, in such a case, the followers or consumers can bring an action against him for misleading and false advertisement.
  • The new act will be swift and less time consuming compared to the older Consumer Protection Act, 1986 in which single-point access to justice was given making it a time-consuming exercise.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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