New Delhi. Asal baat News. Department of Consumer Affairs, Government of India, is continuously working for consumer protection and empowe...
Department of Consumer Affairs, Government of India, is continuously working for consumer protection and empowerment of consumers by enactment of progressive legislations. With a view to modernize the framework governing the consumer protection in the new era of globalization, technologies, e-commerce markets etc. Consumer Protection Act, 1986 was repealed and Consumer Protection Act, 2019 was enacted.
The Consumer Protection Act, 2019 provides for a three tier quasi-judicial machinery at District, State and Central levels commonly known as “Consumer Commissions” for protection of the rights of consumers and to provide simple and speedy redressal of consumer disputes including those related with unfair trade practices. The Consumer Commissions are empowered to give relief of a specific nature and award, wherever appropriate, compensation to consumers.
Further, in terms of Section 38 (7) of the Consumer Protection Act, 2019, every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities.
To serve the interest of speedy justice to the end consumers, Consumer Protection Act, 2019 states that no adjournment shall ordinarily be granted by the consumer commissions unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission.
"Unfair trade practice" [Section 2(47) of the Consumer Protection Act, 2019] encompasses deceptive methods such as misrepresenting product standards, falsely advertising old goods as new, claiming unverified sponsorship or benefits, offering misleading warranties, misrepresenting prices, or disparaging competitors’ goods or services. These provisions ensure accountability, transparency and fairness, safeguarding consumer interests in a dynamic marketplace.
Section 2(28) of the Consumer Protection Act, 2019 defines “misleading advertisement” in relation to any product or service, as an advertisement, which— (i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or (iv) deliberately conceals important information.
To safeguard consumers from unfair trade practices in e-commerce, the Department of Consumer Affairs has also notified the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the Consumer Protection Act, 2019. These rules, inter-alia, outline the responsibilities of e-commerce entities and specify the liabilities of marketplace and inventory e-commerce entities, including provisions for customer grievance redressal.
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