Consumer Protection Law to change - More power to the Consumer

Consumer Protection/Tushar Singh/02 Jan 2018

The newly approved Consumer Protection Bill, 2017 is set to be tabled in the current winter session of the Parliament. Given its importance for consumers, we are running a series of blogs to help you understand more your rights as a consumer.

The Bill provides for a dual remedy mechanism. A consumer can file a complaint with the:

Newly introduced regulatory body- Central Consumer Protection Authority; or
Take the conventional route and file the complaint with the appropriate Consumer Grievance Redressal Forum set up at District level, State level and National level.

Enhanced Pecuniary Jurisdiction & Residence Jurisdiction Concept

Although a three tier system was prescribed in the previous Act as well, the pecuniary jurisdictions of the District, State and National Commissions have been enhanced with a view to enable local filing of cases.

The ideology is that the enabling provision of Residence Jurisdiction or filing a case where the consumer resides no matter where the transaction may have originally taken place will supplement a proper three tier consumer grievance redressal system.

The increase in Pecuniary Jurisdiction will enable someone to file a case in their own district for easy access to justice in consumer cases without having to travel to State Capitals or New Delhi to the National Commission.

Penalty for Non-Compliance with Orders

The District, State and National Commission have all been vested with powers of a Judicial Magistrate thereby allowing these quasi-judicial bodies to pass orders with criminal liability as well as fine wherever the deemed fit by the Chairman (Judge) of the respective Commission.

Where anyone against whom a complaint is made and an Order Is passed by the District, State or National Commission fails to comply with the points of the Order, would be punishable with

Imprisonment for at least a month extendable to three years,
Or fine of Rs. 10,000 at least extendable to Rs. 50,000
Or with both imprisonment and fine

All offences under this Act can be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be

Revised Jurisdiction of District, State and National Commission

Hierarchy	Consumer Protection Act, 1986	Consumer Protection Bill, 2017
District Commission	Rs. 20 lakhs or below	Rs. 50 lakhs or below (Proposed amendments may increase value to Rs. 1 cr.)
State Commission	Rs. 20 lakhs – Rs 1 Cr.	Rs. 50 lakhs – Rs. 10 Cr.
National Commission	Rs. 1 Cr. and above	Rs. 10 Cr. and above

admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed.

Newly introduced Concept of ‘Unfair Contracts’

The concept of 'unfair contract' has been included to protect the consumers who are placed in an unequal bargaining capacity. The definition of the term "Unfair trade practices" is being widened to make it an inclusive clause to cover various types of unfair trade practices.

The following situations although not exhaustive provide for when can a contract be deemed unfair-

Requiring manifestly excessive security deposits
Imposing any penalty wholly disproportionate to the loss occurred due to any breach
Refusing acceptance of early repayment of debts on payment of an applicable penalty
Entitling any party to terminate contract unilaterally without cause
Permitting clauses which assign the contract to the detriment of the other party without that other party's consent;
imposing any unreasonable charge, obligation or conditions which puts the consumer at disadvantages.

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Most Consulted Consumer Protection Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Advocate Braj Nandan Yadav

Kesar Bagh, Lucknow
7+ Years Of Exprience
User Rating N/A

Advocate Braj Nandan Yadav is a young, upcoming and talened lawyer. He has attained sound legal knowledge and adjudicating abilities ( WMDs for a lawyer) with relatively less experience. His success in the legal field is down to his hard working and dedicated attitude towards the profession. Advocate Braj Nandan regularly practices in the Lucknow Bench of Hon'ble Uttar Pradesh High Court, where he has taken various high profile cases. Apart from the Bench he also regularly practices in the District Court of Lucknow. He provides his legal expertise in matters pretaining to Criminal Defense, Civil Litigation and issues relating to Cheque Bounce. Apart from this, he also takes up Medical Negligence cases and is known for handling certain high profie cases relating to the same. He also provides his excellent services in Bail/Anticipatory matters. He also boasts excellent research and drafting skils and provides his services in documentation and drafting of legal documents and agreements. He was enrolled with the Bar Council in 2012

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Advocate Dharmendra Gurjar

M.G. Road, Indore
11+ Years Of Exprience
User Rating N/A

Advocate Dharmendra Gurjar provides services in various field of Civil Litigation, Consumer Protection, Criminal Defense, Divorce & Alimony, Family Law, Marriage Registration, and drafting and vetting of various agreements and documents. He has been practicing and handling cases independently with a result oriented approach, both professionally and ethically in Indore high court and district court for more than 8 years. He has enrolled with the Bar Council of Madhya pradesh in 2008. He is a member of the Indore High Court Bar Association. Advocate Dharmendra Gurjar focuses on comprehending the needs of the client and providing with efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. He is consistent and precise in identifying strength and weakness of the matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance.

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Advocate Anuj Nair

Greater Kailash 1, Delhi
7+ Years Of Exprience
User Rating N/A

Anuj Nair is a competent and experienced lawyer and has been practicing for over 5 years now. Anuj's legal services span from Cheque Bounce, Civil Litigation, Consumer Protection, Criminal Defense, Divorce & Alimony to IPR and Motor Accident. Along with the above mentioned litigation areas, he is well acquainted with research and drafting work. He practices at Delhi High Court, District Consumer Forums Delhi, District Court Dwarka, District Court Patiala House, District Court Saket, District Court Tis Hazari and Supreme Court Of India. He got himself enrolled with the Bar Council in 2012.

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Advocate Hemadri VSSRR Chandrakanth

Vijayawada, Vijayawada
2+ Years Of Exprience
User Rating N/A

Advocate Hemadri VSSRR Chandrakanth is a Vijayawada based lawyer and has been practising law since 2017. He has been providing legal and advisory services as an independent lawyer. Advocate Hemadri VSSRR Chandrakanth got enrolled with the Bar Council in the year 2017. He has acquired his legal education at Shri Krishna Mahavidyalaya and holds extensive experience in working in the most complex areas of Consumer Protection and Criminal Defense. He holds experience in efficiently handling varied cases and often makes appearances across District Court Krishna and District Court Vijayawada. He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Hemadri VSSRR Chandrakanth is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

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Advocate Rahul Srivastava

Ailwal Near Gurudwara, Azamgarh
17+ Years Of Exprience
User Rating N/A

Advocate Rahul Srivastava is a Azamgarh based lawyer and has been practising law since 2002. He has been providing legal and advisory services as an independent lawyer. Advocate Rahul Srivastava got enrolled with the Bar Council in the year 2002. He has acquired his legal education from Veer Bahadur Singh Purvanchal University and holds extensive experience in working in the most complex areas of Civil, Criminal, PLA, Consumer and Labour Matter and General Legal. He holds experience in efficiently handling varied cases and often makes appearances across District Court Azamgarh, District Court Maharajganj, District Consumer Forum Azamgarh, Mau, Gorakhpur, Jaunpur, Mirzapur, Sonbhadra, Varanasi Uttar Pradesh and State Consumer Disputes Redressal Commission Uttar Pradesh. He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Rahul Srivastava is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

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Advocate Pradeep Kumar Deomani

Birsa Chowk Hinoo, Ranchi
19+ Years Of Exprience
User Rating N/A

Advocate Pradeep Kumar Deomani is an extremely competent, hardworking, talented and skilled lawyer from Jharkhand. His legal expertise in various spectrums of law in which he specialises, is unparalleled. He confidently boasts a special nack for adjudicating, possess a plethora of expert legal knowledge in various spectrums of the legal field. Being an experienced member of the law fraternity, his rich 17 years of experience stands testimony to his extensive and unprecedented legal knowledge and abilities. Being an experienced and a successful lawyer, he puts client satisfaction in the driving seat and his hardworking attitude enables him to take up a result oriented approach. He gaurantees 100% Client Satisfaction Advocate Pradeep Kumar completed his law graduation from Ranchi University. He regularly exhibits his expert legal knowledge and abilities in the Hon'ble Jharkhand High Court, where he is regarded as a 'Legal Eagle' by his compatriots and various hon'ble justices. Apart from this, he also appears in various Family Courts across Rachi. His legal expertise, sweeping and un-conditional, range from Family Law, Divorce & Alimony matters to Labour and Service laws, Employement matters . He has also taken up certain high profile cases relating to Medical Negligence and Bail/Aniticipatory Bail issues. Being an excellent researcher, he also offers his services in Documentation and drafting of legal agreements and documents. He was enrolled with the Bar Council in 2000

View Lawyer Profile

Top Consulted Consumer Protection Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Advocate Braj Nandan Yadav

Kesar Bagh, Lucknow
7+ Years Of Exprience
User Rating N/A

View Lawyer Profile

Advocate Dharmendra Gurjar

M.G. Road, Indore
11+ Years Of Exprience
User Rating N/A

View Lawyer Profile

Advocate Anuj Nair

Greater Kailash 1, Delhi
7+ Years Of Exprience
User Rating N/A

View Lawyer Profile

Advocate Hemadri VSSRR Chandrakanth

Vijayawada, Vijayawada
2+ Years Of Exprience
User Rating N/A

View Lawyer Profile

Advocate Rahul Srivastava

Ailwal Near Gurudwara, Azamgarh
17+ Years Of Exprience
User Rating N/A

View Lawyer Profile

Advocate Pradeep Kumar Deomani

Birsa Chowk Hinoo, Ranchi
19+ Years Of Exprience
User Rating N/A

View Lawyer Profile

Top Legal Consumer Protection Queries

Get answers from the best experts within minutes and make more informed choices!

How to register consumer complaint against ISP?

I want to file a consumer case againt my ISP i-on internet OR DVOISS SSV as they are known. They are asking me to pay the price for the wire that was cut from my terrace. When I asked to cancel they are refusing to refund the amount of Rs. 499 for the recharge that I made. I am asking for the refund as I was not able to use the service since the time I recharged.

Is Purchase Of Seeds For The Purpose Of Agriculture Is Purchase For Commercial Purpose

I had purchased seeds from a party. The seeds did not germinate. The other party took the plea that I was not a consumer. Whether purchase of seeds for the purpose of agriculture is purchase for commercial purpose?

What can i do if an online site has charged me Rs 50 thousand for some diamonds worth around rs 20000? They don't replace or refund the product saying it costs that much in Delhi due to GST?

I paid around 70000 to a company ( probably fraud). They said they would help me recover all my money in form of products. But the products they sent me aren't really worth the price on their bill. But the most disturbing is the price of 6 pieces of small 6 cent diamonds. They charged around 50K for it but i got the diamonds checked and they are not even worth 20K. The company says their value in Delhi(where the company is) is around 50K. And thus it cannot be refunded or returned. So they have sent products worth more than 70K but actual money recovery is only around 28-30K. What can i do regarding this? Please help.

Can the price be increased after I have paid and waiting for delivery?

I was allotted a Maruti Car. There was a delay in delivery of the car. Subsequently, the dealer called upon me to make further payment as the price of the car had gone up. Am I liable to bear the price increase on account of delay caused by the dealer?

Medical negligence case in NCDRC

In Balendra Kumar vs Ministry Of Labour & Employment, the central information commission gave its decision that the file not being traceable, cannot be a valid reason for not providing information under the RTI Act. Whether I can give the citation of this judgment in NCDRC in a medical negligence case, wherein the hospital is not giving information to the complainant/patient giving the reason that the said file is not traceable?

What is the procedure to file a case in consumer court?

I purchased a product from Amazon, but they cancelled it without asking me and customer service has denied helping in this. Can I file a consumer case?

Ask a free Question Read More Answers

Consumer Protection Law to change - More power to the Consumer

Enhanced Pecuniary Jurisdiction & Residence Jurisdiction Concept

Penalty for Non-Compliance with Orders

Revised Jurisdiction of District, State and National Commission

Newly introduced Concept of ‘Unfair Contracts’

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!

Related Posts

Read Our Blogs on Similar Topics

Most Consulted Consumer Protection Advocates

Advocate Braj Nandan Yadav

Advocate Dharmendra Gurjar

Advocate Anuj Nair

Advocate Hemadri VSSRR Chandrakanth

Advocate Rahul Srivastava

Advocate Pradeep Kumar Deomani

Top Consulted Consumer Protection Advocates

Advocate Braj Nandan Yadav

Advocate Dharmendra Gurjar

Advocate Anuj Nair

Advocate Hemadri VSSRR Chandrakanth

Advocate Rahul Srivastava

Advocate Pradeep Kumar Deomani

Top Legal Consumer Protection Queries

How to register consumer complaint against ISP?

Is Purchase Of Seeds For The Purpose Of Agriculture Is Purchase For Commercial Purpose

What can i do if an online site has charged me Rs 50 thousand for some diamonds worth around rs 20000? They don't replace or refund the product saying it costs that much in Delhi due to GST?

Can the price be increased after I have paid and waiting for delivery?

Medical negligence case in NCDRC

What is the procedure to file a case in consumer court?

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