Power to buyer: Class action suits to
be part of new consumer protection laws
Hindustan Times,
June 02, 2015
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A botched online
purchase, a disappointing holiday or an exploding cellphone
-- the country’s two main consumer laws are set for an
overhaul to give buyers larger protection and improved
services in a changed economy.
The Ram Vilas Paswan-headed consumer affairs ministry has
finalised a set of amendments for creating a national
consumer protection authority that will, for the first time,
extend “class-action suits”, a legal tool, to consumer laws.
This means one individual complaint of a faulty product or
service could be treated as that of a larger group of
people, or “class”, in similar circumstances. “There will be
clear rules for recall of product, refund of product and
return of product,” an official said.
The proposed changes would reflect the larger constitutional
requirement envisaged in articles 301 and 307 that talk of a
“common national market”, another official said.
Given the scope of the amendments, there won’t be a business
that won’t be affected. An empty file for a song that was
paid for or a cellphone blowing up due to poor circuitry --
the changes will cover all.
Firms might even be required to overhaul their systems,
processes and interaction with consumers.
The Bureau of Indian Standards Act, 1980, which enforces
quality, will be amended to lay down standards for specific
paid services, not just products. Typically, services
include hotel amenities, bus journeys, holiday packages and
beauty clinics.
The BIS act covers just 90 products, most of which are
bought by bulk buyers, rather than individual consumers,
such as steel. This basket will be expanded to include 2,000
items of common consumption, such as driving helmets, for
which quality standards are not laid out.
A review by the consumer ministry showed there was no
“authority of a federal nature” to deal with unfair trade
practices.
At present, buyers take their complaints to consumer courts
but these do not have investigation powers. The proposed
regulator will plug the gap.
“The necessity for a national consumer protection authority
has also arisen because there is no authority which can
independently investigate charges of unfair trade practices
in so far as consumer protection is concerned,” said Pradip
Mehta, the secretary general of consumer advocacy group CUTS
International.
This news can
also be viewed at: http://www.hindustantimes.com/
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