When was consumer protection act implemented

Mon-Sat 9. Highlights of Consumer Protection Act Some of the major highlights of the Consumer Protection Act are as follows: Redefining Service The existing and the previous Consumer Protection Acts both consist of the legal provisions for the protection of consumer who consume any goods or services.

Other Parties Furthermore, unlike previous Act, Consumer Protection Act is not only limited to rights of consumer but also provides liability of parties associated to marketing of goods or services which include producer, importer, carrier, hoarder, seller and service provider under Chapter 3 of the Act. Regulation of Goods or Services The previous Act provided very little as to how the goods or services were to be regulated.

Affix Label Affixing label mentioning various particulars regarding the goods is a requirement under both the existing and the previous Acts. Prohibited Activities Chapter 4 of the Consumer Protection Act prohibits various activities in order to protect consumers.

Some of which are as follows: To conduct unfair trade and business activities: The Act elaborates on the unfair trade and business activities which include: Selling or providing goods or services by lying, concealing or hiding, Creating artificial shortage of, hoarding or selling any goods, Refusing to issue bill or invoice of the sold goods or service or not issuing bill or invoice, Providing service without specifying the price, quality of service, etc.

To cause adverse impact on demand, supply or price: Distribution, transport, or hindering the sale and distribution of any goods by taking profit higher that that prescribed and over the cost invested in the production, import, transport, hoarding or selling and distribution of such goods is prohibited by the Act.

Producing, selling or importing sub-standard goods knowingly, Selling any goods or services by lying or deceiving that the goods or services are other goods or services and stating high standard goods or services, Producing or selling the goods or service that cause adverse impact upon the health of consumer. Filing Lawsuits Any Lawsuits related to offences punishable under the previous Act was to be filed with the concerned district court.

Jul 08, Jul 30, Aug 06, Ram Vilas Paswan on July 8, The Bill replaces the Consumer Protection Act, Key features of the Bill include: Definition of consumer: A consumer is defined as a person who buys any good or avails a service for a consideration. It does not include a person who obtains a good for resale or a good or service for commercial purpose.

It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling. More MACs. More filters. Please Login to Mondaq or Register for unlimited free access and a complimentary news alert. News Alert. Login to Mondaq. Not registered? Register here. Why Register with Mondaq Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms.

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Section 87 2 of the Consumer Protection Act, Section 37 of the Consumer Protection Act, Section 74 1 of the Consumer Protection Act, Section 74 2 of the Consumer Protection Act, Section 74 4 of the Consumer Protection Act, Section 74 5 of the Consumer Protection Act, The content of this article is intended to provide a general guide to the subject matter.

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Learn More Accept. Consumer Protection. Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. What is an 'Unfair Trade Practice' under the Act? The definition of 'unfair trade practice' has been broadened to include practices such as: manufacturing or offering spurious goods for sale or adopting deceptive practices for providing service, not issuing proper cash memo or bill for the services rendered and the good sold, refusing to withdraw, take back or discontinue defective goods and services and refund the consideration taken thereof within the time period stipulated in the bill or within 30 days if there is no such provision in the bill, disclosing personal information of the consumer to any other person not in accordance with the prevailing laws.

Concept of Unfair Contract The Act has also introduced the concept of unfair contract. Penalties for Misleading Advertisement Misleading and false advertisements is one of the many aspects that were introduced by the Act. Product Liability Product Liability is one of the remarkable and significant steps incorporated in the Act. A product manufacturer will be held liable under Section 84 of the Act in case the product has a manufacturing defect, defective in design, does not follow the manufacturing specifications, does not conform to implied warranty and does not contain adequate instructions for proper usage of the product.

Section 85 of the Act discusses the liability of the service provider in a product liability action. To be liable under this section, the service provided shall be deficient, faulty, inadequate or imperfect, an act or negligence withholding any information responsible for the harm caused, without adequate warnings and instructions and without conformation to express warranty or contractual terms.

A product seller will be liable in a product liability action if there is exercise of substantial control over manufacturing, testing, designing, labelling or packaging of the product. There was substantial alteration or modification responsible for the harm caused. The product seller made express warranty that does not conform to the warranty made by the manufacturer.