CCPA; Objectives and Complaint handling procedure

 

Establishment of Central Consumer Protection Authority

 

Provision in the Act

 

Central Consumer Protection Authority

 

 

 

1.      Objectives of Consumer Protection Authority

Number of areas where consumer commission does not have power to help the consumers. !) !) Authority to act suo moto

·         Inquire into violations of consumer rights, unfair trade practices & misleading ads

·         Conduct investigations.

·         Conduct search and seizure of documents or records.

·         Summon manufacturers, advertisers and service providers.

·         Pass orders, on the basis of such investigations for recall of goods found to be unsafe.

·         Order for withdrawal of services found to be unsafe or hazardous.

!!) Promote research

To undertake and promote research in the field of consumer rights

•      To spread and promote awareness about the rights of consumers and consumers' literacy;

•      To encourage of non-governmental organizations and other institutions

•      Working in the field of consumer rights and cooperate and work with consumer protection agencies

2.      Protection of Consumer Rights ‘As Class’

Complaint can be made to CCPA in case of any infringement of consumer rights done by anyone in the market while selling their product Purpose of CCPA is to protect the rights of consumers and authority accepts all complaints about violation of the rights of consumers. It can be about defect in goods or deficiency in services.

Act provides six major rights to the consumers –

·         Right to Safety. Means right to be protected against the marketing of goods and services, which are hazardous to life and property.

·         Right to be Informed –Consumer must be informed about everything the product he is purchasing  ...

·         Right to Choose –Consumer should not be compelled to buy any goods or hire services by creating any compelling circumstances by any one and should have an opportunity to opt for his choice

·         Right to be Heard-In case of any grievance about the product consumer purchases, care centers or any such arrangement must be there to hear his complaint

·         Right to Seek redressal –some mechanism to redress his grievance must be there for consumers

·         Right to Consumer Education-Consumers must be made aware of his rights, law and systems available to him as a consumer.

3.      Who can make complaint

Act does not bar any individual from filing complaint

Section 17 of the Act says;

“A complaint related to violations of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode to any one of the authorities namely the District Collector or Commissioner or Regional Office or Central Authority”

Hence;

·         Complaint can be made by State,Center,NGO or  Society in the welfare of consumers  or CCPA suo moto 

·         Complaint by a person who is not the victim but the important factor is to see whether complainant could make a prima facie case.

·         Complaint can be made direct to the CCPA at the given address, or District Collector or Commissioner of regional office

·         It can be forwarded either in writing or through electronic mode 

4.      Action by authority step by step

Step-1 to make Prima facie case-

The first step shall be to ascertain whether it appears to be a prima facie case. After checking the content of the complaint and received documents Authority may call the complainant for any clarification or better evidence in the case. For example –Complainant is not a consumer as per the definition under the act and has not made payment for purchasing the product but alleges unfair trade practice against some enterprise. In such case he needs to prove through cogent evidence that someone else has made the payment and is victimized even if he has not made any payment. Any one standing outside a showroom cannot make a complaint that MRP is not printed on the purse displayed in the shop the important. Fact shall be payment made by someone for making prima facie case. In other words someone must be victimized and must have lost something so that step can be taken in the interest of consumers at large presuming many others also getting exploited in the process in the same manner.

Step-2 Sending complaint to concerned regulatory body for investigation    

In case of complaint filed by State, Central Government, Consumer Welfare Organization against anyone indulging into unfair trade practice causing infringement of consumer rights at large, such association/authority will have to produce some documentary proof for the same and authority can send the complaint with documents to the concerned regulatory body for investigation.

For example- Matter related to Real Estate, can be sent for investigation to RERA of the state

Matter related to medical negligence, can be sent to medical association

Matter related to farma issue or testing etc., can be sent to NABL 

Step-3 Show cause Notice by Authority 

After authority gets investigation report from the concerned regulatory body and finds prima facie case against any one, authority can send show cause notice to the party to explain or rebut the allegations.

Step -4 Own Investigation prior to sending show cause Notice  

Authority may also initiate its own investigation also prior to sending show cause notice. In case authority is not satisfied with the reply submitted and its investigation goes to prove a case against the defending party, authority can take any or all actions authorized to it under the provisions of consumer protection act 2019 

 

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