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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
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Summary of the Payment and Settlement System Act, 2007
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Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
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How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
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Compensation in Motor Vehicle Accident Cases
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Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
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Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
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Understanding the Digital Rupee
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Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
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Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
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False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
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Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
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Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
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Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
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Constitutionality of Bandhs
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Healthcare Security
Rights of Doctors with respect to Medical Negligence
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Intestate Succession
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The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
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Overview of the Indian Constitution
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Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
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Gift Deed
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Consumer Protection ACT, 1986
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Motor Accident Claim Tribunal
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Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
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Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
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Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: admin
Date:21 July 2020
Consumer Grievances
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Views:1033
Likes:0New laws and provisions have been formulated by the government to safeguard the interest of the consumers in the market. In a country like India, consumers are always tagged as kings of the market, but the question is, are the consumers given authorities and powers as a king has over its throne? The answer to this was a big “no” a few years ago, but today, the scenario has been changed, and finally, the king of the market, has been granted the right powers and authorities through the formation of Consumer Protection Act, 2019.
The Consumer Protection Act, 2019 has replaced the three-decades-old Consumer Protection Act, 1986, which mainly eases the procedure to file complaints by the consumers and gives higher protection the consumer dealing in the market.
With this, the new Consumer Protection Act 2019 seeks to revamp the process of settlement and administration of consumer disputes, with strict penalties, including jail term for adulteration and counterfeit products. It will also cover any misleading advertisements by the firms.
Consumer Protection Act, 2019
Before going further, what the new law speaks and implements, its first important to know how the transformation of a “bill” to an “act” took place. The Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan introduced the “Consumer Protection Bill, 2019” in the Rajya Sabha also known as Upper House of the Parliament on July 8, 2019. The Lok Sabha then passed the bill on July 30, 2019, and was later cleared by the Rajya Sabha on August 6, 2019. On August 9, the bill was signed by the President Ram Nath Kovind. It came into effect on July 20, 2020.
The government of India has notified the country, regarding most of the provisions of the Consumer Protection Act, 2019 which will come to effect on July 20, 2020. To keep the consumers happy and in focus, the newly implemented law will ensure that complaints can be lodged at a district or state consumer commission from the site where the complainant resides rather than from where the service or product was bought.
The provisions which have come up by the government covers consumer protection councils, mediation, consumer dispute redressal forum, the liability of products or services, the penalty for manufacturing, distributing, selling, etc. products which contain adulterant or spurious goods.
The new laws of the Act will allow the consumers to drag to court if manufacturers, distributors or sellers are found dealing with the adulterated or spurious goods. The consumers can also lodge complaints in consumer claiming compensation for any counterfeit products or the wrong ones from the manufacturers.
Under situations where the consumer is not injured, the court can give compensation of Rs. 1 lakh to the consumers or award six months of Jail under the provisions laid down by the Consumer Protection Act, 2019. In cases where the consumer is injured, the fine to the seller, manufacturer, or the distributor could be upto Rs. 5 lakh and upto 7 years in jail. If in a situation, the consumer dies, then a minimum fine of Rs 10 Lakh and seven years in jail can be imposed, which may be extended to life imprisonment. Any provisions regarding direct selling or online services are yet to be made by the government, which may come in the next two or three weeks. The provisions relating to the constitution of an apex Central Consumer Protection Authority (CCPA) at the national level also remain to be notified by the government.
The CCPA will make interventions to prevent the consumer from unfair trade practices. The agency can also initiate class action, which will include enforcing recalls, refunds and returns of products. The bill also promotes simplified dispute resolution process, which also has provision for mediation and e-filing of the cases. For mediation, there will be fixed timelines that will be released by the ministry. E-filing of cases will take place, and the requirement of a lawyer to produce will also be reduced.
Misleading advertisements is one of the most followed things by the common people. We often tend to fall for the advertisements that are fancy and exaggerating. The new bill introduced carries a provision for jail term and fine for manufactures. However, the celebrities who are a part of such advertisements will not be put behind bars, though there are chances that they will be banned if something wrong is endorsed by them, which is misleading. A major change in the bill is the formulation of product liability. For the first time, the product liability is introduced where the manufacturer or the service provider or the product seller will be liable to compensate the injured consumer for the defective product or deficiency in services.
The consumer commissions at district, state and national level will entertain complaints, and on the other hand, the CCPA will be able to take suo moto action and forward cases to National Consumer Dispute Redressal Commission for class action lawsuit where a large number of consumers are affected.
Conclusion
The relationship of a seller and a buyer is very fragile and therefore needs proper protection which safeguards the interest of both the parties. To give the consumer, the title of King, it's important to implement such laws and policies, which makes sure that every consumer in the market is the decider and the king. The addition of the Consumer Protection Act, 2019, in the already existing acts is proof that India is developing and such laws, will help to protect the relationship between a buyer and seller.
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