Exclusive# Special on 24th Dec”Consumer Rights Day”

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All India Consumer Education Society organising National Consumer Rights Day by Nitin Saxena. Every Year 24th December is observed as National Consumer Day with a specific theme in India. On this day the Consumer Protection Act, 1986 had received the assent of the President. The enactment of this Act is considered as a historic milestone in the consumer movement in the country.
This day provides an opportunity for individuals to highlight the importance of the consumer movement and the need to make every consumer more aware of their rights and responsibilities. Noted Consumer Organization All India Consumer Education Society Regd is organising seminars and awareness camps in rural areas of Gwalior Division and Delhi ( Sitholi, Billowa, Antri, Bhander, Rairu wef 1st December to 31st December This year the National Consumer Day is celebrating with the theme “Be aware of your rights’. and also awakening common about Fake reviews on Products because some companies are misleading the consumers and doing unfair trade practices, If reviews taken on paying money, company has to high light about that, many well organised E. Commerce. Flik kart Amazon etc giving Extra discount to reviewers, who are giving positive remarks to below the standards products and some companies are also involved by defaming good companies by giving negative reviews, their aim is to misguide common man, seeing the sensitive of this issue, the Ministry of Consumer Affairs has issued new rules to protect the interests of consumers. The central government had said that it is going to strictly enforce the rules to protect consumers from fake reviews of products and services on online sales platforms. The guidelines to be issued will curb attempts to cheat customers with such fake reviews. These new rules will be applicable from 25th November 2022., The Consumer Protection Act aims to provide consumers with effective safeguards against different types of exploitation such as defective goods, deficiency in services and unfair trade practices. The Consumer Protection Act 2019 is in to force from 20th July 2020.
The Act will empower consumers and help them in protecting their rights through its various notified Rules and provisions like Consumer Protection Councils, Consumer Disputes Redressal Commissions, Mediation, Product Liability and punishment for manufacture or sale of products containing adulterant / spurious goods.
The Act includes establishment of the Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers. The CCPA will be empowered to conduct investigations into violations of consumer rights and institute complaints / prosecution, order recall of unsafe goods and services, order discontinuance of unfair trade practices and misleading advertisements, impose penalties on manufacturers/endorsers/publishers of misleading advertisements.
Under this act every e-commerce entity is required to provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, security of payment methods, charge-back options, etc. including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage on its platform. Also, the e-commerce platforms have to acknowledge the receipt of any consumer complaint within forty-eight hours and redress the complaint within one month from the date of receipt under this Act.
The Act introduces the concept of product liability and brings within its scope, the product manufacturer, product service provider and product seller, for any claim for compensation.
The Act provides for simplifying the consumer dispute adjudication process in the consumer commissions, which include, among others, empowerment of the State and District Commissions to review their own orders, enabling a consumer to file complaints electronically and file complaints in consumer Commissions that have jurisdiction over the place of his residence, videoconferencing for hearing and deemed admissibility of complaints if the question of admissibility is not decided within the specified period of 21 days.
An Alternate Dispute Resolution mechanism of Mediation has been provided in the new Act. This will simplify the adjudication process. A complaint will be referred by a Consumer Commission for mediation, wherever scope for early settlement exists and parties agree for it. Mediation will be held in the Mediation Cells to be established under the aegis of the Consumer Commissions. There will be no appeal against settlement through mediation.
As per the Consumer Disputes Redressal Commission Rules, there will be no fee for filing cases upto Rs. 5 lakh.
The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up to two years for a false or misleading advertisement. In case of a subsequent offence, the fine may extend to Rs 50 lakh and imprisonment of up to five years. Writer is a well known Consumer Activist & President AICES Regd

Nitin Saxena

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– Nitin Saxena

Renowned Consumer Rights Activist and a renowned Consumers Right Lawyer in “National Consumer Dispute Redressal Commission” at New Delhi and our Legal Editor

 

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