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ANALYSING THE CONSUMER PROTECTION ACT, 2019: EMPOWERING CONSUMERS IN THE DIGITAL AGE
INTRODUCTION The Consumer Protection Act of 1986 was replaced by the Consumer Protection Act of 2019, following its introduction in the Lok Sabha by Mr. Ram Vilas Paswan, the Minister of Food and Public Distribution and Consumer Affairs. This bill was presented on July 8, 2019. The primary objective of the Consumer Protection Act, 2019 is to sa...
Overview of Amendment in Consumer Protection Act, 2019
Introduction The practice of defending consumers against unethical business practices is known as consumer protection. It describes the measures taken to safeguard customers from dishonest and unethical business practices by sellers, manufacturers, service providers, etc. and to offer remedies in the event that their legal rights as consumers have...
COMPETITION AND CONSUMER PROTECTION: A COMPARATIVE STUDY OF INDIA, USA AND UK
INTRODUCTION Because the producers and the consumers have a history of animosity towards one another, the consumers always suffer as a result. In this approach, the competition law forbids producers from manipulating the existing favorable position they are in. The Indian Supreme Court has determined that the main goal of competition legislatio...
Understanding the concept of surrogate advertising
Surrogate advertising is an advertising strategy in which products that are not legally allowed to be advertised are promoted through the use of an unrelated product. This type of advertising is often used to sell the product indirectly, by creating brand recognition and an association with a more socially acceptable product. For example, a company...
Medical Negligence in India and Related Laws
Medical negligence and malpractice are both terms used to refer to professional misconduct and failure to adhere to the accepted standards of medical practice. In India, medical malpractice has become a growing problem. Every year, thousands of people fall victim to medical negligence, with many of them suffering permanent injury or death. In respo...
Applying Consumer Laws in E-Commerce Industry
The rise of e-commerce has had a dramatic effect on the way people shop. With the click of a button, customers can purchase goods and services from anywhere in the world. However, the convenience of e-commerce comes with certain risks. Consumers need to be aware of their rights and what to look for when shopping online in order to ensure their prot...
A study of recent amendments in the Consumer Protection Act
Consumer protection is the practise of protecting buyers of goods and services from unfair trade practices. The Consumer Protection Act, 2019 was published in the official gazette on 9 August 2019 and came into force on 20 July 2020, replacing the previous Consumer Protection Act of 1986. The updated framework aims to offer enhanced safeguards for ...
CAN RESTAURANTS CHARGE SERVICE TAX ON FOOD BILLS FROM CUSTOMERS ?
Recent guidelines from the Central Consumer Protection Authority( CCPA) directing the hotel and restaurants to not charge service tax on the food bills from customers has made headlines on the front pages of the newspaper. The guidelines from the association have remarked that the automatic or by default charge of service tax without the customer's...
How To File Consumer Complaint | Who Can File The Consumer Complaint | Procedure To File Consumer Complaint
THE SUBMISSION OF A CONSUMER COMPLAINT For our daily needs, we all purchase products or use services. Sometimes the quality of these products or services may not be up to par, the quantity may be insufficient, or the charges may exceed the fixed amount. More frequently than not, traders defraud the customers. To safeguard customers from these issu...
MEDICAL NEGLIGENCE | CONSUMER PROTECTION ACT, 2019 | Guest Series by Lawyered
INTRODUCTION: ‘Medical Negligence’ in simple terms refers to the improper treatment or unskilled treatment given by the medical practitioner to its patient. The definition of medical practitioner is wide enough to include within its ambit a nurse, physician, surgeon, pharmacist etc. All of them have to take standard duty of care although a sim...
MEDICAL NEGLIGENCE IN INDIA | CONSUMER PROTECTION ACT, 2019 | Guest Series by Lawyered
MEDICAL NEGLIGENCE IN INDIA WITH IMPLICATIONS ON CONSUMER PROTECTION ACT, 2019 UNDERSTANDING MEDICAL NEGLIGENCE Medical negligence is an irregular conduct by any member of the profession “or any related services during the discharge of professional duties. It was established in Joseph Alias Pappachan v. Dr. George Moonjerly (1) that anytime a do...
"Preference of Consumer Complaint Over Specific Performance Suit" By Lawyered
India, in 2021 focuses on the mechanism of faster and smarter work tactics than to depend upon the old school way of handling affairs. In the similar connotation, preference is most of the times given (at least should be given) to consumer complaints over specific performance suits in order to approach a faster pacing lifestyle, ease and approachab...
"Consumer Protection Act, Amendments"
The Consumer Protection Act was first implemented in 1986 in order to safeguard the consumer from the mishaps of the sellers, traders and manufacturers, it gives compensations to the consumer for their grievances. Basically, it protects the rights of the customers against any illegal trade practices they are subjected to. The primary motive that th...
#AMALawyered on Procedure for filing the complaint before the Consumer Commission with Adv. Chetna Reddy
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Chetna Reddy Question: What are the procedure for filing the complaint before the consumer commission?
Lawyered celebrated National Consumer Day
Lawyered celebrated National Consumer Day on 24 December, 2020. India 2021 & Beyond: Consumer Protection and Advocacy in the New Normal "Your customer’s perception is your reality" Lawyered brought a flagship virtual roundtable discussion to mark the end of the year that had us all at the edge of our seats. This National Consumer Rights Day,...
#MentorHours on 'Guide to Consumer Protection Act, 2019' by Dr. KV Omprakash
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on 'Guide to Consumer Protection Act, 2019'. The webinar was conducted by Advocate K.V. Om Prakash [https://www.lawyered.in/lawyer-profile/om-prakash-kv-1909/], Founder - Conscien...
#QuoteUnquote on Supreme Court's Ruling on the overlap of RERA and NCDRC by Adv. Rushabh Ramaswamy
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Rushabh Ramaswamy [https://www.lawyered.in/lawyer-profile/rushabh-ramaswamy-2133/] discuss the Hon'ble Supreme Court of India's judgement on the overlap of the jurisdiction between RERA and the NCDRC on 2 November, 2020. Lawyere...
Consumer Protection Act 2019: A Comprehensive Analysis
By Mr. Kalyan Jhabakh, Partner; Mr. Sanjay Mehta-Partner; Ms. Darshika Associate [http://www.lawindia.com/images/SSIA.gif] CONTENTS INTRODUCTION [https://docs.google.com/document/d/1oyz7N3AxAMaY3CDjCdIaiNGvFJcegm3ZCBDb0vJw6YE/edit#heading=h.1y810tw] INSIGHTS INTO THE CONSUMER PROTECTION ACT, 2019 [https://docs.google.com/document/d/1oyz...
Consumer Protection (E-Commerce) Rules, 2020. Big Relief For Online Buyers By G. Pavan Kumar
Introduction: Earlier, if you were an e-commerce customer, and the website fell within the jurisdiction of the city of Hyderabad because the company has a registered office in Hyderabad, and you were a resident of Delhi, and had received a defective product, you had only one option i.e. to file a case in Hyderabad. This caused more inconvenience f...
The Framework Of The Consumer Protection Act, 2019 By Nitish Sharma
India is set to become the third-largest market of consumers by the end of 2030. In addition to the various laws implemented in favour of the consumers, consumer satisfaction and effective marketing processes are considered to be the primary reasons for attaining such a milestone. India has many laws for the safeguard of consumer rights, however, o...
The Framework Of The Consumer Protection Act, 1986 By Nitish Sharma
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Illegal Termination of An Employee During Covid-19 By Kishan Dutt, Retired Judge
COVID19 has led to instances where employees have had to quit their jobs illegally without being offered plausible reasons for the same by companies and institutions. These illegal terminations have taken place all over the country with the poor performance of the employees being cited as a possible reason but this far from true. At the same time, ...
Cryptocurrency And India By Ramasamy Santhanakrishnan
Cryptocurrency and India WHAT IS CRYPTOCURRENCY? Before we go to the legality of and the battles over it between the Reserve Bank of India (RBI) and Indian Judiciary, it is essential to first get an idea of what cryptocurrency is. After a basic search on the internet and watching a few videos trying to explain the concept of cryptocurrency, I...
Consumer Protection Law – New Regime Changes
Authors – Rashi Suri (Managing Partner) and Pradyun Chakravarty (Associate) Upscale Legal [https://upscalelegal.com/wp-content/uploads/2020/05/Upscale-Logo.png] The Consumer Protection Act, 2019 (“CPA 2019” or “the Act”) was enacted by the Indian Parliament on August 9, 2019 and has been brought in force from July 20, 2020. By the recent notifica...
Guidelines of Drugs & Cosmatic Act, 1940 & its Amendments
Author - Associate Sanjani Shah The Government of India establishes an act which manages the import, produce and dealing out drugs in India. The central idea of the Act is to make certain that the drugs and cosmetics sold in India are safe, secure fruitful and conform to stipulate quality standards. The drugs Act was composed in 1940 in ensuing o...
Complete Guide on Consumer Court Online Complaint in India
{consumer court India, consumer court online complaint, online consumer court India} Author- Associate Aswini Ramesh Not all sellers are reliable in today’s market, a few sellers if not all, rely on unfair trade practices to sell fake or inferior quality goods to their customers in order to save costs and increase their profit. The Consumer Prote...
How to File Complain Against Hospital in India?
How to file a complaint against a hospital in India? A hospital is a health care institution providing patient treatment with specialized medical and nursing staff and medical equipment. But it is not always about "health care," for a few hospitals, it is a business plan. Medicine is a noble profession, and a practitioner must keep in his task a r...
How to Sue a Doctor in India for Medical Negligence
Author: Associate Runa Jasia Sue means to appeal formally to a person for something or institute legal proceedings against (a person or institution), typically for redress. A doctor is a professional person who practices medicine concerned with maintaining, promoting, or restoring health by study, prognosis, diagnosis, and treatment of disease, in...
Consumer Disputes Redressal Mechanism under Consumer Protection Act
CONSUMER DISPUTES REDRESSAL MECHANISM UNDER CONSUMER PROTECTION ACT This article will deal with consumer disputes redressal machinery, 3 tier redressal system of consumer protection and the consumer redressal mechanism or consumer redressal machinery or, Redressal mechanism under consumer protection act 2019 When you have a grievance about any go...
Medical Negligence: Guide to Taking Legal Action against your Doctor
Negligence is a tort, which is an uncodified law in India. It means that a person owed a duty of care to another person, the first person breached that duty as a result of which the second person got injured. For instance, A driver while driving owes a duty of care to all the people on the road, if he drives negligently and injures another person o...
RERA Vs. NCDRC: Who Will You Approach?
The recession in the real estate sector has led to series of chaos for the home buyers who have booked a flat/unit/apartment in a real estate project and are yet to be handed over possession. According to estimates, there is an inventory of over 14 lacs flat/unit/apartment which have surpassed the promised date of delivery of possession and are yet...
When The Client Decides To Not Pay For Services
While doing business there isn’t surely, a dearth of experiences that are difficult for the owner and the business. Examples of such experiences may be encounters with clients who will happily take advantage of every benefit you have to offer them, but when it comes time to pay up, they’ll refuse to do so. If you are not sure of the seriousness of...