Consumer Protection Act 2019 notes (1).pptx
- 1. Consumer Protection Act 2019 (COPRA)
- 2. On August 9, 2019, the Consumer Protection Act of 2019 bill received assent from President, which took effect on July 20, 2020, replacing the 1986 Consumer Protection Act ("Old Act"). The act's goal is to safeguard /protect consumers' interests while also ensuring that consumer disputes are resolved effectively and quickly.
- 3. For the rapid and effective resolution of consumer problems, the New Act established the online filing of complaints and mediation proceedings. A consumer and certain other people under/according to COPRA if aggrieved can file a complaint in consumer court. It does not apply to Jammu and Kashmir.
- 4. The Act also creates the "Central Consumer Protection Authority (CCPA)" to promote, defend, and enforce consumer rights. The statute also gives the CCPA the authority to issue orders, prevent unfair commercial practices, and impose fines in cases of deceptive advertising. The CCPA is made up of the District Collector, the Regional Commissioner, and the Central Authority.
- 5. Who is a consumer? A consumer is anyone who buys a product/goods (online/offline) and avail service for personal use. A person who uses goods / product with the approval of (buyer) the person who bought the good is also a consumer. A person who avail the service with the approval of the hirer is also a consumer.
- 6. What are Goods and Service? Every kind of moveable property that are buy for consideration including food product. Food : Process or unprocessed goods that are available for human consumption. Service mean any kind of service which is available to the consumer for heir use of payment of consideration.
- 7. Who is not a consumer? A person who obtain goods or avail service free of charges. The contract of personal service does not include in services under COPRA. It does not include a person who buy goods for resale/commercial purpose. Commercial purpose does not include a person who is using goods to make livelihood under self- employment.
- 8. Consumer Under Section 2(7) Goods sec.2(21) Service sec. 2(42) Buy for consideration (including online) User with approval of buyer(beneficiary) One who hires consideration Use with the approval of hirer Paid Promised Partly Paid Partly Promised Deferred Payment
- 9. Who can make complaint? Consumer Voluntary Consumer Organization (VCO) Central and State Government Central Authority One or more Consumer with same interest (Class Action). Legal heir or legal representative, in case of death. Parent or legal guardian, in case of consumer being a minor.
- 10. Consumer Right Right to be protected : Protect consumer from goods and services that are dangerous to life and property. For example, if LPG cylinders are not correctly sealed, they can cause significant damage to life and property. Right to be informed : The consumer has a right to acquire information about the goods or services' quality, quantity, potency, standard, and pricing.
- 11. Right to choose : Consumers have the right to be assure of variety or choose from a wide range of goods and services without being forced to do so. Right to be heard - If a customer is unhappy with a product or service, he or she has the right to submit a complaint with a consumer court.
- 12. • Right to seek redressal - This right provides that if a customer is dissatisfied with a purchase or causes them serious injury, he or she has the option of having the goods replaced or requesting a refund or right to seek compensation. • Right to consumer awareness - The consumer has complete authority to learn about his buying rights.
- 13. On what basis a complainant can file a complain? 1. Unfair Contract 2. Unfair Trade Practices 3. Restrictive Trade Practices 4. Defective Goods 5. Deficient Services 6. Excessive Price 7. Hazard Goods 8. Hazard Services 9. Product Liability
- 14. 1. Unfair Contract Contract which cause significant change in consumer right. Unfair contract under this act are as follows: Requiring manifestly excessive high security deposits. Imposing disproportionate penalty. Refusal to accept early payment. Breaking unilateral contract without any reasonable cause. Imposing ,unreasonable charges, obligation or condition. Permitting/assign the contract to the detriment of the other party who is a consumer, without his consent.
- 15. 2. Unfair Trade Practices - Any unfair method or unfair or deceptive practice to promote goods or services, including any of the following practices:- 1. Making any statement which- Falsely represents goods to be of certain standard. Falsely represents services to be of certain standard. Falsely represent that goods are new. Falsely represent that goods or services have certain approval/ sponsorship. Falsely representing that seller/supplier has certain approval. False representation regarding need and utility/usefulness. Giving warranty without any test. Giving warranty and not carrying it out. Materially misleading public regarding price . Disparaging.
- 16. 2. Misleading Advertisement at bargain price with no intention to sell. 3. Offering gift with no intention of providing them or creating an impression that it is free of charges. 4. Lottery 5. Withholding schemes. 6. Permitting sale of goods not complying with standards. 7. Use of hoarding or refusing to sell to raise cost or price of goods and services. 8. Manufacturing spurious goods/defective practice. 9. Giving no bill. 10. Refusing to take back or compensate for defective goods/deficient services. 11. Disclosing confidential/personal information.
- 17. 3. Restrictive Trade Practices :- A restrictive trade practice is generally one which has the effect of preventing, delaying, distorting, or restricting competition to rise the price of goods/services.
- 18. Advocacy Supervision and Regulation Redressal At District Level At State Level At National Level Up to 1 Crore Up to 10 Crore More than 10 Crore District Council State Council Central Council Central Authority District Commission State Commission Central Commission
- 19. Establishment Composition Meetings Objective • State Government by notification establishes it for every district to be known as District Council. •Collector of the district to be Chairperson. •Such number of Official and Non official members representing interest as prescribed. •As and when necessary •But at least two meets every year. •Time and place within district acc to Chairperson. •Render advice to promotion and protection of Consumer’s right under this act within the district. District Consumer Protection Council
- 20. Establishment •State Government by notification established it to be known as State Council. Composition •Minister in charge of Department of Consumer Affair in State Government to be Chairperson. •Such number of Official and Non official members representing interest as prescribed. •Other member not more than 10 nominated by Central Government. Meetings •As and when necessary •But at least two meets every year. •Time and place within district acc to Chairperson. Objective •Render advice to promotion and protection of Consumer’s right under this act within the district. State Consumer Protection Council
- 21. Establishment Composition Meetings objective •Central Government by notification establishes it to be known as Central Council. •Minister in charge of Department of Consumer Affair in State Government to be Chairperson. •Such number of Official and Non official members representing interest as prescribed. •As and when necessary •But at least two meets every year. •Time and place within district acc to Chairperson. •Render advice to promotion and protection of Consumer’s right under this act. National Consumer Protection Council
- 22. Central Consumer Protection Authority(CCPA) Constituted Under Section 10 Composition Power Maintain A/C’s & Furnish Report Designation Office Chief Commissioner Expert Professional Other Commissioner Head Office at Delhi Other Office’s in India General Power given u/s 18 Against False Misleading Ad (Sec 21) To Recall Goods(Sec 20) Investigation Refer Matter for investigation Search and Seizure To issue Directions To issue Penalties Through Investigation Wing Penalty for Vexatious Se
- 23. Investigation Central Authority can do itself. Refer the same to District Collector or any other authorized person. District Collector also Has the power to investigate
- 24. Ways to file Consumer Complain: 1 – National Consumer Helpline (NCH) serves as a free mediator, forwarding your complaint to the firm and asking them to fix it. (The firm must respond within five days.) 2 – Using a lawyer to submit legal notice it is not a cost-effective method. If nothing of these options work, you can take your case to the Consumer Court.
- 25. Dispute Resolution- There is also a description of the Alternative Dispute Resolution Mechanism, which states that "Mediation Cells" will be linked to every District, State, and National Commission. The authorities for final adjudication of the dispute are the District Commission, State Commission, and National Commission. If the complainant or the opposing parties are unable to reach an agreement through the CCPA/Mediation Cells, the matter can be taken up by the District, State, or National Commission. The matter can be referred to the Mediation Cell, or either party can submit a written request to the District, State, or National Commission, detailing the parties, the nature of the dispute, the amount involved, the relief sought, and a proposal for the appointment of a mediator, if the commissions believe there is a chance of resolving the dispute between the parties (Language, Qualification, experience, etc.)
- 26. Mediation Proceeding- PROCEDURE u/s.38 Goods Services Within 21 days Send copy to party to give his version within 30 days Give copy to opposite party To give his version Within 30 days Accepts Denies Accepts Denies Pass order accordingly Decision Pass order accordingly Defect can’t be known w/o test Send sample to Appropriate Laboratory for test & Report Raise objective in case of disagreement Give opp. Of being heard Evidence Expert
- 27. How to file a complaint? 1. Issuance of Notice: Before filing a complaint, the complainant should submit a notice to the other party explaining the flaws or shortcomings in the products or services provided. If the parties are unable to reach an agreement, the complainant may file a complaint with a governing body or forum. .
- 28. Determining the Jurisdiction: The Complaint has to be filed within the Pecuniary and Territorial Jurisdiction. Pecuniary Jurisdiction: (As Per New Act) District Commission: Amount not exceeding 1 crore. State Commission: Rupees 1 Crore to 10 Crore. National Commission: Amount exceeding Rupees 10 Crore. Territorial Jurisdiction: Place where the opposite party resides or if there are more than one opposite party, then the place where opposite parties reside or carry-on business or personally works for gain.
- 29. 3. Submission of Complaint: Complaint can be submitted in the form of Writing or through Online. Registration of Online Complaint- Aggrieved party can register on https://consumerhelpline.gov.in/. Complaints can be registered by filling essentials details like name, email, contact number & password. Complainant will receive login credentials though which he can register a complaint by uploading required documents. There are different portals available for different sectors. A consumer can also register complaints through Mobile Apps namely the NCH app, Umang App or Consumer App. Following the registration of the complaint, the complainant will be given a unique identification number that will allow him to track the status of the complaint. Fees for the complaint can be submitted through online payment portal.
- 30. 4. Contents of the Complaint- Complaint should contain the following information- Name and complete details of complainant and opposite party. Date and time of purchase of goods/ availing of services. Necessary Facts of the case establishing the cause of action. Particulars of dispute: Defect in goods/ deficiency in service. Relief sought Copies of the documents supporting the contention of the complainant. (Invoice, Warranty receipt, etc.)
- 31. 5. Limitation for filing Complaint/Appeal- Within two years after the date of the conflict, the District Commission must receive a complaint. Furthermore, within 45 days of the District Commission's order, an appeal to the State Commission must be submitted. Furthermore, after 30 days of receiving the order from the lower forum, an appeal to the National Commission shall be filed. 6. Court Fees- The Court fees have to be paid in the form of Demand Draft, in respect of the Registrar of respective Commissions. In respect of the National Commission, the appellant has to make the Demand Draft of Rupees 5,000/-.
- 32. Conclusion: The government has taken a step forward in quickly resolving/addressing consumer complaints by adopting an online form of complaint. Especially during a pandemic, the online approach may be regarded one of the most friendly and fruitful procedures. Furthermore, including an alternate dispute resolution method is a step toward reaching a peaceful conclusion between the parties, which will have a longer-term influence on both customers and service providers. The Dispute Resolution Mechanism can save the parties time and effort by assisting them in finding a solution from the outset of the process.