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Law of Consumer Protection (Bharat Law) (Dr.) V.K. Agarwal


  • ISBN : 9788119565337
  • Publisher : Bharat Law House Pvt. Ltd
  • No. of Pages : 384
  • M.R.P : Rs. 595/-
  • Price : Rs.515 /-
  • Price Inclusive of Delivery Charges
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Law of Consumer Protection book by (Dr.) V.K. Agarwal for Bharat Law


CONTENTS

Preface to the Fifth Edition 7
Preface to the First Edition 8
Table of Cases 15

Part 1

Introduction

I.1 International Developments 2
I.2 Consumer Protection in India 3
I.3 Salient Features of the Consumer Protection Act, 2019 5
I.4 Competition Act, 2002 8

Part 2

The Consumer Protection Act, 2019

0.1 Preamble – Purpose and Nature 9
0.2 Preamble of the Act 10

CHAPTER I

PRELIMINARY

1. Short title, extent, commencement and application 12
2. Definitions 15
2.0 Definition Clause 28
2.1 Advertisement [Clause (1)] 28
2.2 Appropriate Laboratory [Clause (2)] 29
2.3 Branch Office [Clause (3)] 30
2.4 Central Authority [Clause (4)] 30
2.5 Complainant [Clause (5)] 31
2.6 Complaint [Clause (6)] 33
2.7 Consumer [Clause (7)] 36
2.8 Consumer Dispute [Clause (8)] 45
2.9 Consumer Rights [Clause (9)] 46
2.10 Defect [Clause (10)] 49
2.11 Deficiency [Clause (11)] 51
2.12 Design [Clause (12)] 82
2.13 Direct Selling [Clause (13)] 83
2.14 Director General [Clause (14)] 84
2.15 District Commission [Clause (15)] 84
2.16 E-commerce [Clause (16)] 84
2.17 Electronic Service Provider [Clause (17)] 85
2.18 Endorsement [Clause (18)] 86
2.19 Establishment [Clause (19)] 86
2.20 Express Warranty [Clause (20)] 87
2.21 Goods [Clause (21)] 88
2.22 Harm (Clause (22)] 88
2.23 Injury [Clause (23)] 89
2.24 Manufacturer [Clause (24)] 89
2.25 Mediation [Clause (25)] 90
2.26 Mediator [Clause (26)] 91
2.27 Member [Clause (27)] 91
2.28 Misleading Advertisement [Clause 28)] 91
2.29 National Commission [Clause (29)] 92
2.30 Notification [Clause (30)] 92
2.31 Person [Clause (31)] 93
2.32 Prescribed [Clause (32)] 94
2.33 Product [Clause (33)] 94
2.34 Product Liability [Clause (34)] 95
2.35 Product Liability Action [Clause (35)] 95
2.36 Product Manufacturer [Clause (36)] 95
2.37 Product Seller [Clause (37)] 96
2.38 Product Service Provider [Clause (38)] 97
2.39 Regulations [Clause (39)] 97
2.40 Regulator [Clause (40)] 98
2.41 Restrictive Trade Practice [Clause (41)] 98
2.42 Service [Clause (42)] 100
2.43 Spurious Goods [Clause (43)] 111
2.44 State Commission [Clause (44) 112
2.45 Trader [Clause (45)] 112
2.46 Unfair Contract [Clause (46)] 112
2.47 Unfair Trade Practice [Clause (47) 115

CHAPTER II

CONSUMER PROTECTION COUNCILS

3. Central Consumer Protection Council 126
4. Procedure for meetings of Central Council 129
5. Objects of Central Council 130
6. State Consumer Protection Councils 130
7. Objects of State Council 132
8. District Consumer Protection Council 132
9. Objects of District Council 134

CHAPTER III

CENTRAL CONSUMER PROTECTION AUTHORITY

10. Establishment of Central Consumer Protection Authority 135
11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners 136
12. Vacancy, etc., not to invalidate proceedings of Central Authority 137
13. Appointment of officers, experts, professionals and other employees of Central Authority 138
14. Procedure of Central Authority 139
15. Investigation Wing 140
16. Power of District Collector 142
17. Complaints to authorities 143
18. Powers and functions of Central Authority 143
19. Power of Central Authority to refer matter for investigation or to other Regulator 149
20. Power of Central Authority to recall goods, etc. 151
21. Power of Central Authority to issue directions and penalties against false or misleading advertisements 152
22. Search and seizure 156
23. Designation of any statutory authority or body to function as Central Authority 158
24. Appeal 158
25. Grants by Central Government 159
26. Accounts and audit 160
27. Furnishing of annual reports, etc. 161

CHAPTER IV

CONSUMER DISPUTES REDRESSAL COMMISSION

28. Establishment of District Consumer Disputes Redressal Commission 162
29. Qualifications, etc., of President and members of District Commission 163
30. Salaries, allowances and other terms and conditions of service of President and members of District Commission 166
31. Transitional provision 168
32. Vacancy in office of member of District Commission 168
33. Officers and other employees of District Commission 169
34. Jurisdiction of District Commission 170
35. Manner in which complaint shall be made 174
36. Proceedings before District Commission 178
37. Reference to mediation [Prior to substitution by Mediation Act,2023] 179
38. Procedure on admission of complaint 182
39. Findings of District Commission 193
40. Review by District Commission in certain cases 202
41. Appeal against order of District Commission 203
42. Establishment of State Consumer Disputes Redressal Commission 205
43. Qualifications, etc., of President and members of State Commission 206
44. Salaries, allowances and other terms and conditions of service of President and members of State Commission 211
45. Transitional provision 212
46. Officers and employees of State Commission 213
47. Jurisdiction of State Commission 213
48. Transfer of cases 220
49. Procedure applicable to State Commission 221
50. Review by State Commission in certain cases 222
51. Appeal to National Commission 222
52. Hearing of appeal 226
53. Establishment of National Consumer Disputes Redressal Commission 227
54. Composition of National Commission 228
55. Qualifications, etc., of President and members of National Commission 228
56. Transitional provision 234
57. Other officers and employees of National Commission 234
58. Jurisdiction of National Commission 236
59. Procedure applicable to National Commission 241
60. Review by National Commission in certain cases 242
61. Power to set aside ex parte orders 243
62. Transfer of cases 244
63. Vacancy in office of President of National Commission 245
64. Vacancies or defects in appointment not to invalidate orders 246
65. Service of notice, etc. 246
66. Experts to assist National Commission or State Commission 248
67. Appeal against order of National Commission 249
68. Finality of orders 251
69. Limitation period 251
70. Administrative control 255
71. Enforcement of orders of District Commission, State Commission and National Commission 258
72. Penalty for non-compliance of order 259
73. Appeal against order passed under section 72 263

CHAPTER V

MEDIATION

74. Establishment of consumer mediation cell 266
75. Empanelment of mediators 268
76. Nomination of mediators from panel 269
77. Duty of mediator to disclose certain facts 270
78. Replacement of mediator in certain cases 271
79. Procedure for mediation 271
80. Settlement through mediation 272
81. Recording settlement and passing of order 273

CHAPTER VI

PRODUCT LIABILITY

82. Application of Chapter 275
83. Product liability action 275
84. Liability of product manufacturer 276
85. Liability of product service provider 278
86. Liability of product sellers 280
87. Exceptions to product liability action 282

CHAPTER VII

OFFENCES AND PENALTIES

88. Penalty for non-compliance of direction of Central Authority 285
89. Punishment for false or misleading advertisement 285
90. Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant 286
91. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods 289
92. Cognizance of offence by court 291
93. Vexatious search 291

CHAPTER VIII

MISCELLANEOUS

94. Measures to prevent unfair trade practices in e-commerce, direct selling, etc. 293
95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants 296
96. Compounding of offences 298
97. Manner of crediting penalty 300
98. Protection of action taken in good faith 300
99. Power to give directions by Central Government 301
100. Act not in derogation of any other law 302
101. Power of Central Government to make rules 306
102. Power of State Government to make rules 310
103. Power of National Commission to make regulations 313
104. Power of Central Authority to make regulations 314
105. Rules and regulations to be laid before each House of Parliament 316
106. Power to remove difficulties 317
107. Repeal and savings 317
(Dr.) V.K. Agarwal
(Dr.) V.K. Agarwal
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