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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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Nagpur News

Rotary Club of Nagpur Vision’s Padharo Mhare Des concludes successfully

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Nation Next Newsroom | Photographer : Nitin Mankar | Nagpur

Rotary Club of Nagpur Vision’s (RCNV) Padharo Mhare Des was held at Hotel Centre Point, Nagpur, on September 25, along with Winter fellowship cum Official Club Visit 2022-23 for RCNV. The theme of the fellowship was to showcase rich heritage and culture of different states of India.

The occasion was graced by DG Dr Anand Jhunjhunwala, first lady Monika Jhunjhunwala and AG Kamlesh Chotwani. President Dr Shivani Sule felicitated all the new Paul Harris Fellow (PHF) members for the year 2022-23 with the certificates, for their valuable contribution to The Rotary Foundation by way of becoming Paul Harris Fellow, along with Club Secretary Ritika Singhvi and TRF director Mohit Chaudhary.

On the occasion of Azadi ka Amrit Mahotsav, different states came together to show their culture. It was beautifully showcased. PDG, Dr Satish Sule as Yamraj & Pawan Mangolia as Narad with their performance wooed the audience.

This was made possible because of our competent team leaders Bhagyashree Saoji and Priyanka Sharma (Rajasthan), Rutika Kunawar and Dr Puja Poddar (Team Tamil Nadu), Sonal Singhvi (Team Bengal), Rashmi Shahu (Team Maharashtra), Pramod Batra and Sakshi Sharma (Team Punjab), who in spite of their busy schedules made this possible. The beautifully choregraphed act was a result of hard work done by Richa Bhattad, Sonal Singhvi, Rashmi Shahu and Abhishek Ghatode. Honourable DG performing with Maharashtra state enthralled the audience.

Such flawlessly executed event was possible only because of very efficient team mentored by Project Director Pawan Mangolia and Nitya Agrawal who worked tirelessly on the minutest of details to give a memorable evening. Aesthetic decor by Priya Tatiwar dazzled the event.

Fellowship Project advisor P P Nilesh Panpalia, Project director Nitya Agrawal, Pawan Mangolia and Director Mohit Chaudhary left no stone unturned to make the event a huge success.

Also read: Management conclave held at Symbiosis Institute of Business Management in Nagpur

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Nagpur News

Management conclave held at Symbiosis Institute of Business Management in Nagpur

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Nation Next Newsroom | Photographer : Nitin Mankar | Nagpur

Symbiosis Institute of Business Management (SIBM), Nagpur organized management conclave ‘SYMCHARCHA’ on 23rd Sep 2022. This event has been organized by Corp connect team of SIBM Nagpur for sharing knowledge about the latest trends and needs of the industry.

The program started with lighting the lamp by the dignitaries and the address by Director SIBM-Nagpur, Dr Shrirang Altekar.

The program was graced by several senior executives from the industry with names like Shailesh Wadhankar, VP Salesforce, Persistent; Capt. Pranab Prasoon Thakur, head HR, Hindustan Coca Cola Ltd.; Sajesh Jyothiprakash, VP JP Morgan;

Mr. Shailesh Wadhankar while addressing the students, elaborated about change in working pattern post pandemic. He focused on the challenges that the industry is facing in bringing back people to workplace.

Capt. Pranab Prasoon Thakur emphasized on focusing on learning new skills and also on team work. He correlated the army discipline with the success of business. He further elaborated on leading by setting an example. He also shared as how covid taught us that we have to go with the flow sometimes as we don’t have any solution for a situation.

Sajesh Jyothiprakash shared his experience as to how technology plays an important role in today’s environment. He also focused on various investment patterns, market analysis of latest trends etc. He motivated students to develop their skills and focus on their goals.

All the sessions were followed by question and answer by students and faculties to all the dignitaries present.

The day ended with learnings and sharing of experiences.

Also read: Rotary Club of Nagpur Vision creates Happy School for specially-abled kids

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Nagpur News

September 26, 2022 | Nagpur News | नागपुर समाचार | Hindi News Bulletin | Nation Next

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Rashmi Khedikar | Nagpur

Nation Next Nagpur Bulletin brings to you a summary of major news events that took place in Nagpur on September 26, 2022.

Also watch: As millions follow the ritual of fasting, we tell you the scientific reasons behind it

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