Podcast
Questions and Answers
Who heads the Investigation Wing of the Central Authority?
Who heads the Investigation Wing of the Central Authority?
- Additional Director General
- Director General (correct)
- Central Government
- Deputy Director
The Central Government has no authority to appoint members of the Investigation Wing.
The Central Government has no authority to appoint members of the Investigation Wing.
False (B)
What is the primary purpose of the Investigation Wing?
What is the primary purpose of the Investigation Wing?
To conduct inquiry or investigation as directed by the Central Authority.
The Director General may delegate powers to __________ while conducting inquiries.
The Director General may delegate powers to __________ while conducting inquiries.
Which of the following is NOT a power of the Central Authority?
Which of the following is NOT a power of the Central Authority?
The Additional Director General has complete autonomy and does not need to follow the Director-General's guidance.
The Additional Director General has complete autonomy and does not need to follow the Director-General's guidance.
Name one of the roles that the Central Authority has regarding consumer rights.
Name one of the roles that the Central Authority has regarding consumer rights.
Match the following roles with their responsibilities:
Match the following roles with their responsibilities:
What is the maximum period for which a document or article can be seized?
What is the maximum period for which a document or article can be seized?
The Director General can dispose of seized articles that are subject to speedy decay.
The Director General can dispose of seized articles that are subject to speedy decay.
What must the laboratory report its findings to within 45 days?
What must the laboratory report its findings to within 45 days?
If the Director General conducts a vexatious search, they may face imprisonment for up to __________ year(s).
If the Director General conducts a vexatious search, they may face imprisonment for up to __________ year(s).
Match the following key terms with their descriptions:
Match the following key terms with their descriptions:
What action can be taken if a complaint alleges a defect in goods?
What action can be taken if a complaint alleges a defect in goods?
A person found guilty of conducting a vexatious search can be fined up to 10,000 rupees.
A person found guilty of conducting a vexatious search can be fined up to 10,000 rupees.
What can the Director General do after a preliminary inquiry if consumer rights are believed to be violated?
What can the Director General do after a preliminary inquiry if consumer rights are believed to be violated?
Under what circumstances can a service provider be held liable in a product liability action?
Under what circumstances can a service provider be held liable in a product liability action?
A product seller can be held liable if they did not exercise reasonable care in assembling a product.
A product seller can be held liable if they did not exercise reasonable care in assembling a product.
What must a product seller do to avoid liability if the identity of the product manufacturer is unknown?
What must a product seller do to avoid liability if the identity of the product manufacturer is unknown?
A product liability action cannot be brought against the product seller if the product was __________ at the time of harm.
A product liability action cannot be brought against the product seller if the product was __________ at the time of harm.
Match the following liability conditions with the correct party responsible:
Match the following liability conditions with the correct party responsible:
Which of the following is NOT a reason for a service provider's liability?
Which of the following is NOT a reason for a service provider's liability?
A product seller is liable if they have not altered the product but failed to pass on warnings from the manufacturer.
A product seller is liable if they have not altered the product but failed to pass on warnings from the manufacturer.
What constitutes a substantial factor in a product seller's liability?
What constitutes a substantial factor in a product seller's liability?
What is the maximum time for completing proceedings when a complaint requires analysis or testing of commodities?
What is the maximum time for completing proceedings when a complaint requires analysis or testing of commodities?
The District Commission can grant adjournments without recording any reasons in writing.
The District Commission can grant adjournments without recording any reasons in writing.
What must the District Commission do if it resolves a complaint after the maximum allowed time?
What must the District Commission do if it resolves a complaint after the maximum allowed time?
The District Commission has the same powers as a civil court under the Code of Civil Procedure, _____ while trying a suit.
The District Commission has the same powers as a civil court under the Code of Civil Procedure, _____ while trying a suit.
Match the following powers of the District Commission with their descriptions:
Match the following powers of the District Commission with their descriptions:
What is required for the District Commission to allow an application for hearing through video conferencing?
What is required for the District Commission to allow an application for hearing through video conferencing?
A District Commission can pass interim orders during the pendency of a complaint.
A District Commission can pass interim orders during the pendency of a complaint.
What should be shown for the District Commission to grant an adjournment?
What should be shown for the District Commission to grant an adjournment?
What is the monetary threshold for complaints against unfair contracts?
What is the monetary threshold for complaints against unfair contracts?
The State Commission has no authority to call for records from District Commissions.
The State Commission has no authority to call for records from District Commissions.
Where should a complaint be instituted if the opposite party resides in different locations?
Where should a complaint be instituted if the opposite party resides in different locations?
The ___ Commission handles appeals against the orders of any District Commission within the State.
The ___ Commission handles appeals against the orders of any District Commission within the State.
Match the following jurisdictions with their descriptions:
Match the following jurisdictions with their descriptions:
What action can the State Commission take if a District Commission has acted illegally?
What action can the State Commission take if a District Commission has acted illegally?
What is the maximum tenure of office for the President of the National Commission?
What is the maximum tenure of office for the President of the National Commission?
A complaint can be filed if the cause of action arises partially in a different jurisdiction.
A complaint can be filed if the cause of action arises partially in a different jurisdiction.
What permission is needed when filing a complaint if there are multiple opposite parties located in different jurisdictions?
What permission is needed when filing a complaint if there are multiple opposite parties located in different jurisdictions?
The National Commission can grant adjournment any time without showing sufficient cause.
The National Commission can grant adjournment any time without showing sufficient cause.
What is the minimum number of members that can be appointed to the National Commission?
What is the minimum number of members that can be appointed to the National Commission?
The age limit for the President of the National Commission is ______ years.
The age limit for the President of the National Commission is ______ years.
Match the sections with their corresponding descriptions:
Match the sections with their corresponding descriptions:
What is the maximum age limit for members of the National Commission?
What is the maximum age limit for members of the National Commission?
The National Commission has jurisdiction to entertain complaints where the value of goods or services exceeds 5 crore rupees.
The National Commission has jurisdiction to entertain complaints where the value of goods or services exceeds 5 crore rupees.
Who has the power to make rules regarding the qualifications of the National Commission members?
Who has the power to make rules regarding the qualifications of the National Commission members?
Flashcards
Investigation Wing
Investigation Wing
A part of the Central Authority responsible for conducting inquiries and investigations.
Director General
Director General
Head of the Investigation Wing.
Appointment of Investigators
Appointment of Investigators
Central Government appoints various investigation roles (Additional Director General, Director, etc.) with specific qualifications and experience.
Powers of Director General
Powers of Director General
The Director General can delegate power to other investigators during investigations.
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Central Authority's Functions
Central Authority's Functions
Protect, promote, and enforce consumer rights; prevent unfair trade practices, ensuring truthful advertisements.
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Consumer Rights Protection
Consumer Rights Protection
The Central Authority actively protects and enforces the rights of consumers.
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Unfair Trade Practices
Unfair Trade Practices
Activities that violate consumer's rights and include deceptive advertising.
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False Advertising
False Advertising
Misleading advertisements for goods and services violating consumer protection legislation.
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Search and Seizure Power
Search and Seizure Power
DG or District Collector can search premises and seize documents, records, articles, or evidence if there's reason to believe consumer rights were violated or unfair trade practice occurred.
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Seizure Period
Seizure Period
Maximum duration for keeping seized items is 20 days.
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Perishable Seized Items
Perishable Seized Items
If seized items are perishable, the officer can dispose of them as per rules.
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Defective Goods Analysis
Defective Goods Analysis
If defects in goods are alleged, a sample is taken, sealed, and sent to a lab for analysis within 45 days (or extended).
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Vexatious Search
Vexatious Search
Searching or seizing without reasonable cause is illegal and punishable by a fine or imprisonment.
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Vexatious Search Penalty
Vexatious Search Penalty
Punishment for unjustified search and seizure can be imprisonment up to 1 year, or fine up to 10,000 rupees(or both).
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Consumer Protection
Consumer Protection
The focus is on protecting consumers from unfair business practices.
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Service Provider Liability (Section 85)
Service Provider Liability (Section 85)
Service providers are liable if their service is faulty, deficient, or inadequate, or if their actions/omissions/negligence cause harm, or if they fail to provide adequate instructions or warnings.
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Product Seller Liability (Section 86)
Product Seller Liability (Section 86)
Product sellers (non-manufacturers) are liable if they substantially controlled the product's design/testing/manufacturing, or modified the product causing harm, made an express warranty that failed, or if the manufacturer is unknown/unavailable.
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Seller liability: no known manufacturer
Seller liability: no known manufacturer
A seller is liable if the manufacturer is unknown, or if the seller fails to provide the warnings or instructions provided by the manufacturer.
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Seller liability: altering the product
Seller liability: altering the product
A seller is liable if the alteration of the product was a substantial factor in causing harm.
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Seller liability: express warranty
Seller liability: express warranty
A seller is liable if their express warranty on a product does not match the manufacturer's quality.
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Exceptions to product liability (Section 87)
Exceptions to product liability (Section 87)
Product liability cases cannot be brought against a seller if the product was misused, altered, or modified at the time of harm.
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Product liability - improper care
Product liability - improper care
A seller is liable if they fail to exercise reasonable care in assembling, inspecting, or maintaining a product, or if they do not pass on warnings or instructions from the manufacturer.
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Product liability - substantial control by seller
Product liability - substantial control by seller
A seller is liable if they had substantial control over the design, testing, manufacturing, packaging or labeling of a product that caused harm.
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Video Conferencing Hearings
Video Conferencing Hearings
The District Commission (DC) may allow hearings or witness examinations via video conferencing when sufficient cause is shown. The DC must record the reasons in writing.
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Interim Orders
Interim Orders
The DC has the power to issue temporary orders during the complaint process, before a final decision is made.
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Complaint Resolution Time (No Testing)
Complaint Resolution Time (No Testing)
Complaints that don't require analysis or testing of goods must be resolved within 3 months from when the opposing party receives notice.
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Complaint Resolution Time (Testing)
Complaint Resolution Time (Testing)
For complaints involving analysis or testing of goods, resolution should occur within 5 months of the opposing party receiving notice.
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Adjournment
Adjournment
The DC should only grant postponements (adjournments) when valid reasons are provided and documented.
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Delayed Resolution
Delayed Resolution
If a complaint is resolved after the maximum allowed time, the DC must explain the reason for the delay in writing.
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DC's Powers: Summoning Witnesses
DC's Powers: Summoning Witnesses
The DC has the power to summon witnesses, enforce their attendance, and question them under oath.
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DC's Powers: Evidence Collection
DC's Powers: Evidence Collection
The DC can order the collection of evidence, including documents, objects, and reports from labs or other relevant sources.
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State Commission Jurisdiction
State Commission Jurisdiction
The State Commission handles complaints against unfair contracts where the value of goods or services is less than ten crore rupees, appeals against District Commission decisions, and cases where District Commissions overstepped their authority.
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State Commission Benches
State Commission Benches
The President of the State Commission can create benches with one or more members to handle cases efficiently.
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Where to File a Complaint?
Where to File a Complaint?
A complaint should be filed in the District Commission where the opposite party resides, carries on business, has a branch office, or where the cause of action arises.
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Multiple Opposite Parties
Multiple Opposite Parties
If there are multiple defendants, the complaint can be filed where any of them resides, carries on business, or has a branch office, with the State Commission's permission.
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Complaint Filing Options
Complaint Filing Options
You can file a complaint where the cause of action arises, meaning where the problem occurred, or where you reside.
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Complainant's Residence
Complainant's Residence
A complaint can be filed where the complainant resides or personally works for gain.
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State Commission's Powers
State Commission's Powers
The State Commission has the power to review District Commission decisions and correct errors in jurisdiction or process.
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State Commission Oversight
State Commission Oversight
The State Commission can call for records and issue orders if a District Commission acted beyond its authority or made procedural errors.
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National Commission Establishment
National Commission Establishment
The Central Government (CG) has the power to establish the National Consumer Disputes Redressal Commission, also known as the National Commission.
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National Commission Composition
National Commission Composition
The National Commission consists of a President and a minimum of 4 members, with a maximum number determined by rules.
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National Commission Member Qualifications
National Commission Member Qualifications
The CG sets rules for the qualifications, recruitment, appointment, term of office, resignation, and removal of the President and members of the National Commission.
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National Commission Tenure
National Commission Tenure
The President and members of the National Commission serve a maximum of 5 years and are eligible for reappointment. However, they cannot hold office past certain age limits: 70 for the President and 67 for other members.
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National Commission Jurisdiction
National Commission Jurisdiction
The National Commission has jurisdiction to handle complaints involving goods or services where the value paid exceeds 10 crore rupees.
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Adjournment in State/National Commission
Adjournment in State/National Commission
The State or National Commission should only grant adjournment if sufficient cause is shown and the reasons for the adjournment are recorded in writing.
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Appeal Disposed After Deadline
Appeal Disposed After Deadline
If an appeal is decided after the specified time, the State or National Commission must record the reasons for the delay in writing during the decision process.
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What are the roles of the National Commission and the State Commission in resolving consumer disputes?
What are the roles of the National Commission and the State Commission in resolving consumer disputes?
The National Commission handles appeals from State Commissions for disputes involving goods or services worth over 10 crore rupees. The State Commission handles complaints regarding disputes within its jurisdiction, but appeals can be made to the National Commission.
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Consumer Protection Act, 2019 - Definitions
- Advertisement: Any audio or visual publicity, representation, endorsement, or pronouncement made through various media (light, sound, print, electronic, internet, website, etc.) and includes notices, circulars, labels, wrappers, invoices, etc.
- Complainant: A consumer, voluntary consumer association (registered), Central/State Government, Central Authority, multiple consumers with shared interests, legal heirs/representatives of a deceased consumer, or a guardian of a minor consumer.
- Complaint: A written allegation by a consumer claiming relief under the Act, alleging unfair contracts, unfair/restrictive trade practices, goods/service defects, excess pricing (fixed/displayed/agreed), or hazardous goods offered for sale.
Consumer Protection Act, 2019 - Consumer
- Consumer: A person who buys goods (or agrees to buy) or avails services (or agrees to avail) for consideration (paid or promised). This excludes commercial purchases. "Buys any goods" and "hires or avails any services" include offline and online transactions.
- Consumer Eligibility Examples (past case laws): A person purchasing a machine for earning a livelihood, even with assistance from others; a person purchasing a machine to use for tilling land and renting it out during idle time; the widow of a deceased policyholder; a tenant isn't a consumer if there's no requirement for cleaning, maintenance in the lease agreement.
Consumer Protection Act, 2019 - Defect/Deficiency
- Defect: A fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of a good or product (as required by law/contract or as claimed by the trader).
- Deficiency: A fault, imperfection, or inadequacy in a service. Includes negligence/omissions/commissions causing loss/injury to the consumer, or deliberate hiding of relevant information.
Consumer Protection Act, 2019 - Misleading Advertisement
- Misleading Advertisement: An advertisement that falsely describes a product/service, gives false guarantees/misleads consumers regarding quality/quantity, conveys false representations that could constitute unfair trade practice, or deliberately conceals important information.
Consumer Protection Council Details
- Central Consumer Protection Council: An advisory council established by the Central Government, chaired by the Minister-in-charge of the Consumer Affairs department in the central government. Has other official/non-official members representing various interests.
- State Consumer Protection Councils: Advisory Councils formed by each State Government, chaired by the Minister-in-charge of Consumer Affairs in the state. Has other official/non-official members representing various interests, may have members nominated by the Central Government.
- District Consumer Protection Councils: Advisory Councils formed by the State Government for each district. Chaired by the Collector of the district. Has other official/non-official members representing various interests
Central Consumer Protection Authority (CCPA)
- CCPA (Central Authority): An authority established by the Central Government to regulate customer rights, unfair trade practices, and false/misleading advertisements for promotions and protection of consumer rights.
- CCPA Structure: Includes a Chief Commissioner, and additional Commissioners. The headquarters is in Delhi; regional/other offices in other parts of India.
Investigation Wing of Central Authority
- Investigation Wing: Headed by a Director-General, responsible for inquiries/investigations into consumer rights violations, unfair practices, and misleading ads.
- Appointment: Director General, Additional Director General, Directors, etc. are appointed with experience and qualifications.
Powers and Functions of Central Authority
- Central Authority's Powers: Regulate violations of consumer rights, unfair practices, and false advertising.Promote, protect, and enforce the rights of consumers.
- Powers of Inquiry: Can conduct inquiries/investigations into alleged consumer rights violations and unfair trade practices on their own or based on complaints. Can issue orders relating to recall of goods, refund of prices and discontinue unfair practices
Power of Central Authority to Refer Matter and Recall Goods
- Refer to Other Regulator: If the matter is deemed to be within the jurisdiction of another regulator under existing law, the Central Authority can refer the matter to that regulator with its findings.
- Recall Goods: Can order the recall of goods/services that are dangerous/hazardous/unsafe with reimbursement to purchasers.
Power of Central Authority to Issue Directions and Penalties
- False/Misleading Advertisements: Can issue directions to discontinue false/misleading advertisements. Penalties can be imposed on manufacturers/endorsers with significant financial penalties (up to ₹10 lakh or ₹50 lakh subsequentially, or prohibiting endorsement for a set period—up to 3 years).
Search and Seizure
- Search Powers: The Central Authority can search premises and seize documents, records, items related to consumer rights violations.
- Time Limits and Procedures: Clear timeframes are specified for the investigation process and the handling of seized materials. Laboratories are used, necessary analysis and testing by the lab is arranged and the laboratory report is filed with the District Commission.
Product Liability
- Product Liability: Manufacturer/seller responsibility for harm caused by defective products/services, including manufacturing defects, design flaws, and deviations from specifications. Sellers are involved if it is a manufacturer defect, the manufacturer's details known or unknown.
- Liability against Whom: Product liability actions can be brought against those involved: manufacturers, service providers, and sellers. Reasoning for action—harm caused by product defects.
Important Points (for additional study—past case laws)
- Consumer status: A person purchasing assets to earn a livelihood is considered a consumer, even if assistance is needed; a person purchasing a tilling machine to use it on rented land is considered a consumer; and the widow/beneficiary of someone is a consumer in case of services.
Other important subjects
- Consumer Mediation: There are procedures for mediation of consumer disputes. Rules exist, including eligibility and time frames.
- Jurisdiction: Describes the authorities and where legal cases should be filed, giving jurisdiction to the various Commissions and Authorities.
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