CONSUMER PROTECTION ACT, 2019.

                Tomarrow the 24th of December, 2020 is a NATIONAL CONSUMER DAY. The then Government of India had enacted the Consumer Protection Act, 1986 on the pressure of international community. This Act is a mile stone for the protection of rights of the consumers in India. This act has now been repealed with the CONSUMER PROTECTION ACT, 2019,  by the present Government as while administering various provisions of the Act, there have been noticed some shortcomings as written in the preamble.

                   During 2011, a bill was introduced to amend the Consumer ( Protection ) Act,1986. However, the bill lapsed due to dissolution of the Lok Sabha. A new bill , namely, the Consumer Protection Bill, 2015 was introduced in Lok Sabha to replace the 1986 Act. The bill was sent to Standing Committee, which submitted its report in 2016. Considering its  recommendations of the Standing Committee, a new bill namely , the Consumer Protection Bill , 2018 was introduced in Lok Sabha. The Consumer Protection Bill , 2018  lapsed due to dissolution of Lok Sabha,  consequently a new Bill, Namely Consumer Protection Bill, 2019 was introduced in Lok Sabha in 2019.

                    The present Bill incorporates , inter alia , many innovative features such as (i) concept of product liability, setting up of regulatory body( Central Consumer Protection Authority ) , penalties for misleading advertisements and endorsers of such advertisements, pecuniary jurisdiction of the adjudicatory body at the District level etc. 

OBJECTS AND REASONS:

                       The Consumer Protection Act, 1986 ( 68mof 1986 ) was enacted to provide for better protection of the interests of consumers and for the purpose of making provisions for establishment of Consumer Protection Councils and other authorities for the settlement of consumer disputes etc. Although, the working of the consumer dispute redressal agencies has served the purpose to a consderable extent under the said Act, the disposal of cases has not been fast due to various constraints. Several shortcomings have been noticed while administering the various provisions of the said Act. 

                        Consumer markets for goods and services have undergone drastic transformation since the enactment of the Consumer Protection 

Act in 1986. The modern market place contains a plethora of products and services. The emergency of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery system for goods and services and have provided new options and opportunities for consumers. Equally , this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices. Misleading advertisements, tele-challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment. Therefore, it has become inevitable to amend the Act to address the myriad and constantly emerging vulnerabilities of the Consumers. In view of this, it is proposed by the present Government to repeal and re=enact the Act.

                           Accordingly, the Present Central Government led by Hon'ble Prime Minister, Narender Bhai Modi as Prime Minister of India, a Bill , namely, the Consumer Protection Bill, 2018, was introduced in Lokh Sabha on the 5th of January, 2018 and was passed by that House on the 20th of December, 2018. While the Bill was pending consideration in Rajya Sabha, the Sixteenth Lok Sabha was dissolved and the Bill got lapsed . Due to this fact, the present Bill, namely , the Consumer Protection, Bill, 2019 was introduced. 

                            The proposed Bill provides for the establishment of an executive agency to be known as the Central Consumer Protection Authority( CCPA ) to promote, protect and enforce the rights of the consumers, make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action including enforcing recall, refund and return of products, etc. This fills an institutional void in the regulatory regime extant . Currently, the task of prevention of or acting against unfair trae practices is not vested in any authority. This has been provided for in a manner that the role envisaged for the CCPA complements that of the sector regulators and duplication overlap or potential conflict is avoided. 

                               The Bill also envisages provisions for product liability action on account of harm caused to consumers due to a defective product or by deficiency in services. Further, provisions of " Mediation :" as an Alternate Dispute Resolution Mechanism has also been provided in the new Act. 

                                The Bill provides for several provisions aimed at simplifying the consumer dispute adjudication process of the Consumer Disputes Redressal Agencies, inter alia, relating to enhancing the pecuniary jurisdiction of the Consumer Disputes Redressal Agencies ; increasing minimum number of Members in the State Consumer Disputes Redressal Commissions and provisions for consumers to file complaints electronically , etc. 

                                   The Consumer Protection Bill having been passed by both the Houses of the Parliament received the assent of the President on 9th of August, 2019. It came on the Statute Book as THE CONSUMER PROTECTION ACT, 2019 ( 35 of 2019 ) ( w.e.f. 20-7-2020, for section 2 ( except clauses (4), (13), (16), (40) , sections 3 to 9 ( both inclusive ) section 28 to 73 ( both inclusive ) ( except sub-clause iv ) of clause (a) of sub-section 58; sections 74 to 81 ( both inclusive ) ; sections 82 to 87 ( both inclusive ); section 90 and 91 ( except sections 88,89,92 and 93), section 95,98,100, section 101 ( except clauses 9f) to ( m ) and clauses ( zg ), (zh ) ;and ( zi ) of sub-section 2 ) ; section 102, 103, 105, 106, 107 ( except section 94, 96, 97, 99, 104, w.e.f. 24-7-2020, for Section 2 ( clauses (4), (13), (14),(16),(40), . Section 10 to 27 ( both inclusive ) , Sub-clause (iv) of clause (a)of sub-section (1)of sub-section 58, Section 88,89 and 93 , Sections 94,96,97 and 99 , Clauses (f) to ( m) of sub-section 2 and clauses (zg ), (zh ) and (zi ) of sub-section 2 of Section 101, Section 104 ) 

SITA RAM DHIMAN, RETIRED ASSISTANT REGISTRAR , HIMACHAL PRADESH STATE CONSUMER COMMISSION, A SOCLIAL AND R.T.I. BEST ACTIVIST ( AWARDEE) AND POLITICIAN . SHIMLA. 

                                

            

Bilaspur Himachal Pradesh development

Nadda Ji, Namaskar. Thanks for your efforts. However, (1) Inauguration of Hydro Engineering College much publicized yet remain to be done (2) Construction of artificial lake at bilaspur yet remains to be started which will attract tourists and economy of backward Bilaspur people will be improved.(3) Construction of Luhnu -Berri Dadolan Bridge much publicized and announced long back yet to be started, (4) Creation of two more Sectors for remaining Bilaspur austees have not been done yet, which requires for the expansion of Bilaspur town (5) The most important task before you people is now to get IIM, recently sanctioned by the Central Government be allotted in Bilaspur H.P. , if it is done, it will be a historical work for Bilaspur HP. (6) A tunnel should be got constructed between Bilaspur and Jukhala for the growth and improvement and development of Bilaspur H.P. (7) In Solan District during B.J.P. Rule in H.P., 8 Universities set up and in Hamirpur / Sunder Nagar and Mandi big Educational and Health Institutions set up but Bilaspur has been very badly ignored even it being a central point in Himachal Pradesh (8) I had given a proposal to the State and Central Government for the construction of International Airport at Sukkar Khad having mostly the Government land bordering Hamirpur and Bilaspur Districts right from JHORGHAT to GHORI DHABIRI . The proposal of the State Government and the Central Government was to construct this International Airport at Kandaghat District Solan, but during the recent survey conducted by the Central Team, the sufficient and suitable land was not found.If this International Airport is to be got constructed at Central Point of the State at Sukkar Khad, the poorness of the people will be vanished. (9) The demand of the people of this Hilly State has not been met with by the Central Governments with regards to construction of Rail Lines even after the 65 years of Independent India. If you all, the public representatives from Himachal Pradesh,do your sincere efforts, this work could be done now and it will also create history. The proposed construction of New Bus Stand at Nihal Sector, ( existing HRTC workshop ) is hanging fire for the last more then five years, it should be got done now. I think , you will not mind , as these developmental works are essential for the development of Bilaspur District . Thanks for your efforts again.

Sita ram Dhiman an d his wife after the M.L.A nomination