(Amendment in sections for better clarifications)
Section 17 CCPA Chapter
“Complaint may be forwarded either in writing or in electronic mod to any one of the authorities “
Not clear by whom? Presently only NGO’S State, Centre or any associations are entertained and not individuals .
Can be clarified, individuals can be allowed to file complaint with rider:
- Should appear prima facie case, with enough evidence, material on record to be produced by complainant and must appear and submit the statement and group of persons who suffered.Seperate system to verify the factual position be setup for complaint by individuals.
ANNEXURE-A Has CCPA come into its form as provided in the act?
2.
Section 18. (i)(f )&(g)
Awareness about law:
- Projects be given to institutes, NGO’s /Agencies in on CP Act for awareness.
- Media modes such as you tube ,TV channels ,National Channels be used for regular teachings about law with explaining latest judgments of Apex court /Apex commission.
3.
Section 38 & other related sections 71,72,73,68,69. (procedure before Consumer Commissions )
In the entire Act ,reference is made about CPC ,CrPC,Orders and other procedures It has become tough for consumers to consult CPC,CrPC Rules & orders. Procedure be explained in simple language.
4.
Section 85,86 requires more clarity
(Question of Applicability of Product Liability Claus in CP Act 2019?)
[Flipkart Internet Private Limited v. State of UP, 2022 SCC Online All 706, decided on 17.10.2022.]
ANNEXURE-B A product seller who is not a product manufacturer shall it be liable in a product liability action ?
5.
Development of Consumer Jurisprudence in India (SC sets Law)
Appointment of Presidents &Members in Consumer Commissions )
ANNEXURE-C (Number of cases re-defined by SC)
6.
Section 70, Setting up of Monitoring cell
There is a provision provided under section 70 of the Act for Administrative control of National Commission (which implies all district commissions through state commissions) over all state commission for certain purposes. It has sub clauses a, b, c, d, having further 5 clauses under sub clause d
This section needs modification and it can be made head section Setting up of Monitoring cell under the rights provided to National Commission to do so with the consultation of Ministry.
Till date no such monitoring cell is in existence and consumer at large have no space to complain as specified under this section
Further to explain setting up Monitoring cell does not interfere the functioning of Commissions or infringe their judicial Rights for which a proper procedure can be set up. Procedure to function can be incorporated in the Rules (See Rules for amendment)
By Dr Prem Lata
