-
Engineering and Architecture
Exams
Colleges
Predictors
Resources
-
Computer Application and IT
Quick Links
Colleges
-
Pharmacy
Colleges
Resources
-
Hospitality and Tourism
Colleges
Resources
Diploma Colleges
-
Competition
Other Exams
Resources
-
School
Exams
Top Schools
Products & Resources
-
Study Abroad
Top Countries
Student Visas
-
Arts, Commerce & Sciences
Exams
Colleges
Upcoming Events
Resources
-
Management and Business Administration
Colleges & Courses
Predictors
-
Learn
Online Courses
Engineering Preparation
Medical Preparation
-
Online Courses and Certifications
Top Streams
Specializations
- Digital Marketing Certification Courses
- Cyber Security Certification Courses
- Artificial Intelligence Certification Courses
- Business Analytics Certification Courses
- Data Science Certification Courses
- Cloud Computing Certification Courses
- Machine Learning Certification Courses
- View All Certification Courses
Resources
-
Medicine and Allied Sciences
Colleges
Predictors
Resources
-
Law
Resources
Colleges
-
Animation and Design
Predictors & Articles
Colleges
Resources
-
Media, Mass Communication and Journalism
Colleges
Resources
-
Finance & Accounts
Top Courses & Careers
Colleges
Get Answers to all your Questions
Read the passage and answer the question that follow.
A consumer is defined as a person who buys any good or avails a service for a consideration. It does not include a person who obtains a good for resale or a good or service for commercial purposes. It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling. Six consumer rights have been defined in the Bill, including the right to: (i) be protected against the marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of access to a variety of goods or services at competitive prices; and (iv) seek redressal against unfair or restrictive trade practices. Consumer Disputes Redressal Commissions (CDRCs) will be set up at the district, state, and national levels. A consumer can file a complaint with CDRCs in relation to: (i) unfair or restrictive trade practices; (ii) defective goods or services; (iii) overcharging or deceptive charging; and (iv) the offering of goods or services for sale which may be hazardous to life and safety.
The central government will set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers. It will regulate matters related to the violation of consumer rights, unfair trade practices, and misleading advertisements. The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations. The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up to two years for a false or misleading advertisement. In case of a subsequent offence, the fine may extend to Rs 50 lakh and imprisonment of up to five years.
CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to one year. For every subsequent offence, the period of prohibition may extend to three years. However, there are certain exceptions when an endorser will not be held liable for such a penalty.
Question
X ordered a mobile from abcbusiness.com worth 1.5 lakhs. Upon receiving the product, it started malfunctioning. When X asked for a refund, he was denied by customer care. Now X wants to file a suit against abcbusiness.com. Choose the best answer:
X can file a suit in the State consumer forum
X can only file a suit in the District consumer forum which has jurisdiction of the place where abcbusiness.com has its registered office
X can file a suit in the District consumer forum which has jurisdiction of the place where he resides
X cannot file a suit in the consumer forum since e-commerce is not covered under the purview of the Consumer Protection Act
Answers (1)
E-commerce comes under the purview of the Consumer Protection Act, this eliminates option d). The suit can be filed in an area where the consumer resides, this eliminates option b). The phone is worth 1.5 lakhs, hence the pecuniary jurisdiction lies with the district forum, however an appeal for the same suit can be made to the state forum, hence option a) is incorrect since the judgment of the suit has not yet been passed.
