Law of Consumer Protection with E - Commerce

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Description
The Consumer Protection Act, 1986 was enacted by the Parliament for the protection of the interest of consumers against unscrupulous traders selling detective goods providing deficient services or indulging in unfair trade practices. The Act was amended thrice each in the years 1991, 1993 and 2002. The Act with all these amendments was not enough to protect the consumer interests in view of the drastic transformation in the consumer markets for goods and services which took place since its enactment. It has been replaced by the Consumer Protection Act, 2019.The rise in international trade and the rapid development of e-commerce have led to new delivery systems for goods and services and rendered the consumer vulnerable to new forms of unfair trade and unethical business practices. Misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-tailing posed new challenges to consumer protection. and required appropriate and swift executive interventions to prevent consumer detriment. There was also a need for an executive institution, to make interventions when necessary, including through class action, to counter unfair trade practices. Thus, there was need to modernise the Act to address the myriad and constantly emerging vulnerabilities of the consumer in the market economy extant.
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Contents
1. Law Relating to Protection of Consumers
2. Consumers, Goods, Services,
3. Central Consumer Protection Authority
4. Restricted Trade Practices
5. Unfair Trade Practices
6. Misleading Advertisement
7. Unfair Trade Practice-passing Off
8. Product Liability
9. Consumers Disputes Redressal
10. Compensation and Damages
11. Mediation
12. Consumer Protection-E-Commerce
13. Direct Selling
14. Penalties and Prosecution
15. High Cort's Power to Quash Criminal Proceedings
16. Protection of Action in Good Faith
17. Interpretative Principles
18. The Consumer Protection Act, 2019
19. The Consumer Protection (Central Consumer Protection Council)Rules, 2020
20.The Consumer Protection (Consumer Disputes Redressal Commission)Rules, 2020
21. The Consumer Protection (General) Rules, 2020
22. The Consumer Protection (Mediation) Rules, 2020
23. The Consumer Protection (Salary, Allowances and Conditions of Service of President and Member of the state and District Commission)Model Rules, 2020
24. The Consumer Protection (Qualification for appointment, Method of Recruitment and Procedure etc)Rules, 2020
25. The Consumer Protection (E-commerce) Rules, 2020
26. The Central Consumer Protection Authority (Annual Report) Rules, 2021
27. The Consumer Protection (Search and Seizure and Compounding off offences by the Central Authority and Crediting of Penality) Rules, 2021
28. The Central Consumer Protection Authority (Form of Annual statement of accounts and Records) Rules, 2021
29. The Consumer Protection (Direct Selling)Rules, 2021
30. The Consumer Protection (Jurisdiction of the District of the Commission, the state commission and the national commission) Rules, 2021
31. The National Consumer Disputes Redressal Commission (Other Terms and Condition of Service of officers and Employees) Rules, 2023
32. The Consumer Protection (Administrative Control over the state Commission and the District Commission )Regulation, 2020
33. The Consumer Protection (Consumer Commission Procedure) Regulations, 2020
34. The Consumer Protection(Mediation) Regulations, 2020
35. The Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020
36. The Central Consumer Protection Authority (Procedure for Engagment of Experts and Professionals) Regulations, 2021
37. The Central Consumer Protection Authority (Submission of inquiry or investigation by the investigation wing) Regulations, 2021
38. The GuidelInes for Prevention of misleading advertisments and endorsements for misleading advertisments, 2022
39. Standing Committee on Food, Consumer Affairs and Public Distribution Ninth Report on the Consumer Protection Bill, 2015
40.Rajya Sabha Select Committee Report on Consumer Protection (E-Commerce) Rules, 2020
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Author Details
D.P Mittal