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Consumer Protection Act, 2019: Improvements and obstacles in future

A consumer might be a customer or an end user of goods and services, what ever you call them, almost all consumers at some point of time have been victims of degraded or damaged goods and/or have remained dissatisfied with some services they might have opted for.
The Consumer Protection Act, 1986 [CPA] was enacted to protect the consumers and to address their grievances; the act provides remedies to aggrieved consumers by facilitating approach to authorised forums where they can claim damages suffered.

Although the Consumer Protection act has been effective in providing relief to consumers, it has, on many occasions been suitably and unsuitably interpreted. For example, the Hon?ble Supreme Court of India in the case of Indian Medical Association vs. V.P. Shantha and Ors., widened the scope of the word service? as defined in the act and added the term healthcare? as a service even though the same was and has never in fact been mentioned in the act.
With growing awareness, the Consumer Protection Act has been become increasingly useful for complainants.

This however has led to a tremendous increase in the volume of pending litigation not only before the District Forum or the State Commission but also before the National Consumer Disputes Redressal Commission.
In order to address added challenges of the CPA and to strengthen its effect, the Consumer Act Amendment of 2019 was notified and was brought to force on 20th July 2020. The amendment brought in various changes, some acceptable and some, which can only be tested by time and on how well they are interpreted.
It can be said that the changes brought into the act will further empower consumers as it includes ? broadening of the definition of consumers, which now also includes persons who engage in offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.


This brings e-commerce into the ambit of the act thereby allowing consumers to file complaints against entities that sell goods or provide services through the Internet. The changes further include addition of ?product liability? where not only the manufacturer but also the seller and the product service provider can be held liable for the goods or services under the act.
This might also be helpful in the eradication and reduction of counterfeit products from the market, as not only the manufacturer but also the seller of the counterfeit product (in certain circumstances) can be held liable under the Act.


Another important modification is the change in pecuniary jurisdiction of the consumer forums, which now state that when the claim is (i) between zero rupee (0) to 1 crore rupees the complaint would lie before the District Commission (ii) more than 1 crore rupees but less than 10 crore rupees it would lie before the State Commission and (iii) any claim above 10 crore rupees would lie before the National Commission.


The fact that the word healthcare? has not been included in the CPA, 2019 will raise questions as to whether the same would still lie within the scope of the word service? as defined under the Act. The footing for this lies in the judgement of The State of Karnataka v. The Karnataka Pawn Brokers Assn. and Ors., which states that the parliament has the power to overturn any judgement by passing a law that alters the basis of the judgement as long as the same is applied prospectively and once such a law is passed the judgement ceases to apply in all future cases.


Analogously, as healthcare explicitly has not been defined under the new CPA, 2019 it is not clear whether IMA v. V.P. Shantha would still be applicable in future.
Along with other modifications, the CPA, 2019 will now have a new central authority i.e. Central Consumer Protection Authority? (CCPA), which will be envisaged with investigative powers that will allow it to investigate into matters relating to consumer rights, unfair trade practices and misleading advertisements.
CCPA has also been given power to impose penalties, issue safety notices to the consumers, pass orders to recall goods or withdraw services that are hazardous, order reimbursement of the price paid, and authorise the discontinuation of unfair trade practices, amongst others.

Another major addition made to the act is that the consumer now can file a complaint in her/his city of residence regardless of where the goods or service provider resides within the territory of India.
The act will now also provide for settlement of disputes by way of mediation in case there is a possibility of settlement at the stage of admission of complaint or at any later stage, if acceptable to both parties. The outcome of the CPA, 2019 cannot be assessed ahead of time. However, it can be said that all stakeholders of a transaction will now have to be more cautious.


(Views are personal) 

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Governance

Maharashtra Cyber Department to launch “Digital Literacy Campaign” in association with Meta

Published

4 years ago

on

March 27, 2022

By

Nation Next Newsroom | Mumbai


 

Maharashtra Cyber Department and Meta Platforms comprising Facebook, WhatsApp, and Instagram have collaborated to launch the ‘Digital Literacy and Awareness Program’ on 28th March 2022. The launch event will be held from 12 PM to 1:30 PM at Yashwantrao Chavhan Auditorium situated at Nariman Point in Mumbai.

The program is about digital safety best practices for children, adolescents, parents, guardians, and teachers in Maharashtra. The program will include digital literacy awareness sessions, training resources, knowledge repository including child and adult safety self-help material, safety videos, resources, and help guide, with the aim:
To spread awareness about Cyber Bullying, Sextortion, Darknet Services, Social Engineering, Trolling, Identity Theft.
To equip adolescents with tools and knowledge to tackle online threats.
To promote safe online behavior.

In a world where every day is a technological miracle, cybercrime has emerged as an organized, well-funded enterprise due to which the safety of children on the internet has become a global issue discussed at various strategic forums like the United Nations. India as a country needs to do more about the issue and showcase greater cooperation to international bodies working on this initiative.

In this background, it is exceptionally critical for school students to be aware of the threats on the internet like Cyberbullying, Cyber sextortion, trolling online financial frauds, child pornography, darknet crimes, hacking, identity theft, breach of privacy, etc. to make them Cyber responsible with good Cyber hygiene behavior.

Towards this endeavor, Maharashtra Cyber has partnered with Meta Platforms and the India Future Foundation, a training and advocacy organization, to deliver a Digital Literacy and Awareness Program to school/college students for the state of Maharashtra. It will also ensure that is students are saved from traumas and devastating effects of cybercrime such as bullying, sextortion etc.

Maharashtra Cyber is the state nodal agency for Cyber Crime and Cyber Security for Maharashtra constantly engaged in spreading awareness campaigns against cyber-crime. The agency is involved in building cybercrime investigation labs cyber police stations and creating all the necessary awareness about cybercrime amongst the police fraternity and the citizens in Maharashtra.

Meta builds technologies that help people connect, find communities, and grow businesses. When Facebook launched in 2004, it changed the way people connect. Apps like Messenger, Instagram, and WhatsApp further empowered billions around the world. Now, Meta is moving beyond 2D screens toward immersive experiences like augmented and virtual reality to help build the next evolution in social technology.

Actress Ameesha Patel, who was herself victim of cybercrime and was helped by Maharashtra cyber, would also grace the occasion as a special guest of honour and recount her experience. Similarly, actress Aishwarya Raj Bhakuni, who has earned fame in Hindi television and Telugu film industry, would also be present as special guest of honour to recount her cyber experiences. Yashasvi Yadav, Special Inspector General of Police, Maharashtra Cyber, will be prominently present during the occasion.

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Governance

Putin warns other nations of ‘interference’ after declaring war on Ukraine; international oil prices hit $100-mark

Published

4 years ago

on

February 24, 2022

By

Radhika Dhawad | New Delhi

Vladmir Putin

Vladmir Putin

Russian President Vladimir Putin who announced a military operation in Ukraine and called on the latter’s military to ‘lay down its arms’ on Thursday, warned other countries that any attempt to interfere with the Russian action would lead to ‘consequences they have never seen.’ 

Large explosions were witnessed in Ukraine’s Kyiv and Kharkiv regions. “I have made the decision of a military operation,” said Putin in a surprise television announcement shortly before 6:00am (0300 GMT) in Moscow.


Soon after Putin’s announcement,  the global benchmark Brent crude oil futures hit $100-per-barrel mark and oil prices rocketed to the $100 a barrel mark for the first time since 2014.

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Governance

CREDAI applauds Gadkaris recommendation to shift Petrochemical Refinery Project from Ratnagiri to Vidarbha

Published

4 years ago

on

February 23, 2022

By

Nation Next Newsroom | Nagpur

Union Minister Nitin Gadkari

Union Minister Nitin Gadkari

CREDAI Nagpur Metro has applauded the step taken by Union Minister Nitin Gadkari for writing a letter to Petroleum Minister Hardeep Singh Puri for shifting Ratnagiri Petrochemical Refinery Project to Vidarbha.

CREDAI Nagpur Metro, through a press release stated that many industries will be benefitted from this project. Refinery Petrochemical Complex with many small and large ancillary units may generate 5 lakh direct indirect jobs helping per capita income to grow manifold. With the huge investment of more than 4 lakh crore, massive opportunities will emerge for different sectors. Real estate sector will also get a boost and may attract Foreign Direct Investment (FDI) also.

The project will not only generate many jobs in Vidarbha but also attract various industries and investments. The organisation stated that this project is a need of hour in Vidarbha to create opportunities for employment and growth of the region. The region will get not give a boost to fuel and LPG companies but also many industries like textiles, soap and detergents, paints, cement, steel etc., which use the petrochemical products.

These ancillary industries will attract jobs for the local people and also from other cities people will turn up. The apex body of builders and developers of Nagpur region welcomed the efforts taken by Vidarbha Economic Development (VED) Council for the project.

The mega refinery project of 60 MMTPA will not only meet future oil demand growth but also boost export of petro-products. This will boost the demand for residential as well as commercial spaces. Steel, cement and all needed building materials available nearby will further help the sector. FlyAsh consumption will increase manifold due to huge consumption of bricks, RMC and project related work.

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