Consumer Protection (Law and Practice)

.........................................................................................................................
Description
The first edition of the book was published in 1992. The several editions of the book published since have commended overwhelming response from different clientele of readership. In fact, the book has over the years enjoyed the reputation of an authority on the consumer Protection Law and filled a void in legal thinking on the subject. There has been a significant growth of Consumer Protection Law at the National and International levels. The Eighth Edition maintains focus on all the statutory and other developments that have happened till date. The Consumer Protection Act, 2019 has repealed and replaced the erstwhile Consumer Protection Act, 1986. Although, the working of the 1986 Act had served the purpose to a considerable extent, the disposal of the cases had not been fast due to various constraints. The emergence of online transactions through electronic means or by tele-shopping or multi-level marketing or direct selling or e-commerce pose new challenges and require appropriate and swift interventions to prevent consumer detriment. Therefore, it has become inevitable to repeal and reenact the Act. The 2019-Act has incorporated for product liability and mediation. The new Act has also made the provisions for the establishment of the Central Consumer Protection Authority (CCPA) to fill an institutional void in the regulatory regime. The 2019-Act while incorporating many new provisions has retained certain old provisions of 1986-Act which have been referred to and discussed at appropriate places.
.........................................................................................................................
Contents
Part I – Introduction
Part II – The Consumer Protection Act, 2019
Chapter I - Preliminary
1.    Short title, extent, commencement and application
2.    Definitions
Chapter II - Consumer Protection Councils
3.    The Central Consumer Protection Council
4.    Procedure for meetings of the Central Council
5.    Objects of the Central Council
6.    The State Consumer Protection Councils
7.    Objects of the State Council
8.    The District Consumer Protection Council
9.    Objects of the District Council
Chapter III - Central Consumer Protection Authority
10.  Establishment of Central Consumer Protection Authority
11.  Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners
12.  Vacancy, etc., not to invalidate proceedings of Central Authority 
13.  Appointment of officers, experts, professionals and other employees of Central Authority
14.  Procedure of Central Authority 
15.  Investigation Wing
16.  Power of District Collector
17.  Complaints to authorities
18.  Powers and functions of Central Authority
19.  Power of Central Authority to refer matter for investigation or to other Regulator
20.  Power of Central Authority to recall goods, etc
21.  Power of Central Authority to issue directions and penalties against false or
        misleading advertisements
22.  Search and seizure
23.  Designation of any statutory authority or body to function as Central Authority
24.  Appeal
25.  Grants by Central Government
26.  Accounts and audit
27.  Furnishing of annual reports, etc
Chapter IV - Consumer Protection Redressal Commission
28.  Establishment of District Consumer Disputes Redressal Commission
29.  Qualifications, etc., of President and members of District Commission
30.  Salaries, allowances and other terms and conditions of service of President and members of District Commission
31.  Transitional provision
32.  Vacancy in office of member of District Commission
33.  Officers and other employees of District Commission
34.   Jurisdiction of District Commission
35.  Manner in which complaint shall be made
36.  Proceedings before District Commission
37.  Reference to mediation
38.  Procedure on admission of complaint
39.  Findings of District Commission
40.  Review by District Commission in certain cases
41.  Appeal against order of District Commission
42.  Establishment of State Consumer Disputes Redressal Commission
43.  Qualifications, etc., of President and members of State Commission
44.  Salaries, allowances and other terms and conditions of service of President and members of State Commission
45.  Transitional provision
46.  Officers and employees of State Commission
47.  Jurisdiction of State Commission
48.  Transfer of cases
49.  Procedure applicable to State Commission
50.  Review by State Commission in certain cases
51.  Appeal to National Commission
52.  Hearing of appeal
53.  Establishment of National Consumer Disputes Redressal Commission
54.  Composition of National Commission
55.  Qualifications, etc., of President and members of National Commission
56.  Transitional provision
57.  Other officers and employees of National Commission
58.  Jurisdiction of National Commission
59.  Procedure applicable to National Commission
60.  Review by National Commission in certain cases
61.  Power to set aside ex parte orders
62.  Transfer of cases
63.  Vacancy in office of President of National Commission
64.  Vacancies or defects in appointment not to invalidate orders
65.  Service of notice, etc
66.  Experts to assist National Commission or State Commission
67.  Appeal against order of National Commission
68.  Finality of orders
69.  Limitation period
70.  Administrative control
71.  Enforcement of orders of District Commission, State Commission and National Commission
72.  Penalty for non-compliance of order
73.  Appeal against order passed under section 72
Chapter  V - Mediation
74.  Establishment of consumer mediation cell
75.  Empanelment of mediators
76.  Nomination of mediators from panel
77.  Duty of mediator to disclose certain facts
78.  Replacement of mediator in certain cases
79.  Procedure for mediation
80.  Settlement through mediation
81.  Recording settlement and passing of order
Chapter  VI - Product Liability
82.  Application of Chapter
83.  Product liability action
84.  Liability of product manufacturer
85.  Liability of product service provider
86.  Liability of product sellers
87.  Exceptions to product liability action
Chapter VII - Offences and Penalties
88.  Penalty for non-compliance of direction of Central Authority
89.  Punishment for false or misleading advertisement
90.  Punishment for manufacturing for sale or storing, selling or distributing or importing products
        containing adulterant
91.  Punishment for manufacturing for sale or for storing or selling or distributing
        or importing spurious goods
92.  Cognizance of offence by court
93.  Vexatious search
Chapter  VIII - Miscellaneous
94.  Measures to prevent unfair trade practices in e-commerce, direct selling, etc
95.  Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants
96.  Compounding of offences
97.  Manner of crediting penalty
98.  Protection of action taken in good faith
99.  Power to give directions by Central Government
100. Act not in derogation of any other law
101. Power of Central Government to make rules
102. Power of State Government to make rules
103. Power of National Commission to make regulations
104. Power of Central Authority to make regulations
105. Rules and regulations to be laid before each House of  Parliament
106. Power to remove difficulties
107. Repeal and savings
PART 3 - Acts, Rules and Regulations
3.1  The Consumer Protection Act, 2019
        Appendix 1 Notifications for of Commencement of Provisions of the Act
        Appendix 2 Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019
3.2  The Consumer Protection Act, 1986
3.3  Consumer Protection (Central Consumer Protection Council) Rules, 2020
3.4  Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020
3.5  Consumer Protection (General) Rules, 2020
3.6  Consumer Protection (Qualification for appointment, method of recruitment, procedure of
        appointment, term of office, resignation and removal of the President and members of the State
        Commission and Commission) Rules, 2020
3.7  Consumer Protection (Administrative Control over the State Commission and the
        District Commission) Regulations, 2020
3.8  Consumer Protection (E-Commerce) Rules, 2020
3.9  Consumer Protection (Mediation) Rules, 2020
3.10  Consumer Protection (Mediation) Regulations, 2020
3.11  Consumer Protection (Consumer Commission Procedure) Regulations, 2020
3.12  Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other
           Conditions of Service of Members) Rules, 2020
3.13  Consumer Protection (Salary, allowances and conditions of service of President and Members
           of the State Commission and District Commission) Model Rules, 2020
3.14  Constituting Central Consumer Protection Authority
3.15  Appointment of Chief Commissioner, Commissioner, Director General (Investigation), etc.
           in the Central Consumer Protection Authority
3.16  Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020
3.17  Central Goods and Services Tax (COST) Rules, 2017
3.18  Consumer Welfare Fund Guidelines, 2019
3.19  Supreme Court Rules, 2013
3.20  United Nations Guidelines for Consumer Protection, 2015 (UNGCP, 2015)
Subject Index
.........................................................................................................................
Author Details
Dr. V.K. Agarwal obtained his LL.B and LL.M from University of Delhi in 1975 and 1977 respectively. A brilliant scholar during his academic pursuits, he was awarded prizes and merit scholarships for securing positions in LL.B as well as in LL.M. in 1986, he was awarded Ph.D in law Kurushetra University. He joined as Lecturer in the Department of Law at Kurukshetra University in 1978 and was elevated as Reader in 1987 and as professor in 1994. He is a distinguished law teacher and researcher. He has been chairman, Department of Law; Director, Institute of Law, Dean, Faculty of Law; and Dean, Academic Affairs, Kurushetra University. Presently he is registrar, Kurushetra University. Presently he is Vice- Chancellor, Jagan Nath University, Jaipur.
Dr. Agarwal has contributed over 40 research papers and articles to the leading law journals. He is the author of the books, Restrictive and Unfair Trade Practices (1989); Law of Contract: Principles and Practices (2001). and Competition Act' have enjoyed a reputation of standard work amongst the students of Law, Commerce, Economics, Business Management, Public Administration, C.A., C.S., etc. and for those appearning in competitive examinations.