Glaring changes in Consumer Protection Act 2019

Part-11

Procedural Changes

 

 

Changes in the system for enforcement of orders

Enforcement of order was in pathetic condition. No separate mechanism or machinery  except warrants through police which often comes back un- served due to change of address or non-availability of person as  stated in report.

New act provides an additional option for sending order for implementation to civil court apart from issue of certificate and notice & warrants through police.

 

Changes in staff cadre

Transfer of staff / officers to other ministries hamper Consumer Forum/Commission work during earlier Act 1986. In the new act Staff as well as officers shall work under the supervision of Presidents of respective Commissions

Advocates not necessary

Complaint can be filed through Authorised representative,Power of Attorney ,State7 center ,CCPA ,Registered society

Specific law& rules made for online purchase 

There were problems faced by the consumers while making purchase online. Website disappears after taking order and receiving money leaving no address. Order cancelled any time after long wait of order booked or order dispatched. Item received other than ordered, neither sender nor courier takes responsibility.

Now Responsibility of ‘electronic intermediary’ has been fixed. Rules have been defined for e- commerce entities to follow certain guidelines for saving the interest of consumers. E-commerce entities need to display all details of their business, care centers, proper addresses and grievance redressal mechanism etc. Entities involved in selling process will have Product liability may it be manufacturer, trader, shopkeeper, sender, courier, those who assemble and also intermediary platform.

Service of notice made easier

Notice May be served electronically, through approved courier apart from speed post and registered post. Also through other modes of transmission including fax and "electronic intermediary 'who shall depute office to receive process or provide address.

 

System of after sale services changed

“Express warranty "assumed for any material statement, affirmation of fact, promise, or description relating.

Manufacturer liability is auto fixed now

 

Product liability clause added now. Definition of manufacturer elaborated and shall be liable for all acts who In the course of business conducted for that purpose, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise, is involved in placing a product for commercial purposes

 

Consumer’s difficulty in filing complaint from far off places resolved

Complaint can be filed electronically /on line for meeting need of the day. Further consumer can now file complaint from the place near to him

 

Establishment of Monitoring Cell for monitoring court functioning

Functioning of courts hampers at time due to adjournments, long absence of members or for other reasons .Complainant equipped with no solution Establishment of Monitoring cell under supervision of National Commission shall now check functioning of commissions.

 

Major things done to stop. Unfair trade practices 

Making false representation about goods and services enters into unfair contract, selling hazardous goods without disclosing is considered unfair trade practice under the new law .Announcement of gifts and then refusal with many ifs and buts causing harm to consumer is also misleading Consumer protection authority with specific objectives under chapter 111 has been established now.

 Provisions to curb Misleading ads made

No provision to stop misleading ads unless consumer comes for implimentation,erring person pays compensation and continues publishing ads ,consumer does not come ahead for pointing out once satisfied with part implementation.

Now Authority can take suo moto cognigence and issue directions or penalize or take matter before commissions

 

 

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