Lawyersera: News & Article
Showing posts with label News & Article. Show all posts
Showing posts with label News & Article. Show all posts

Friday, August 21, 2020

Types of Writ under Article 32 and Article 226

Types of Writ under Article 32 and Article 226

Protection of Fundamental Rights has been discussed mainly in Article 13, Article 32, Article 226, and Article 359.

Article 13 talks about Judicial review whereas Article 359, which says that Fundamental Right cannot be curtailed except during Emergency.  And then we have Article 32 and Article 226.

Article 32 mainly talks about two types of Rights and Powers firstly, it says that if an individual's Fundamental Right is being violated then he can directly use Article 32 and approach the Supreme Court.  On the other hand, Article 32 empowers the Supreme Court to issue 5 kinds of WRITS for the protection of Fundamental Right, Because of this feature of Article 32, the Supreme Court is known as Protector and Guarantor of Fundamental Right.

Dr. B.R. Ambedkar called as this Article is the Heart and Soul of the Constitution. The powers which are vested under Article.32 exactly the same powers are also given under Article 226.  By using Article 226 we can approach a High Court.  Thus, these two Articles give us the power to approach the highest court in the country.

In case our fundamental rights are violated, in order to protect our rights, it is not a rule that we first approach the High Court and then only approach the Supreme Court.  Although, when you directly approach the Supreme Court, we will have to explain, as to why you did not first approach the High Court.  Article 32 and 226 both provide for the issuance of Writs.

There are two major differences between these Articles.  The Writ issuing power laid down under Article 32 is only limited to the protection of fundamental right whereas under Article 226,  writs could be issued for any other purpose in addition to fundamental rights.  A Writ against the decision of an administrative tribunal.  Article 32 falls under Part III of the Indian Constitution, the constitutional remedy under it is a Fundamental right, whereas the remedy under Article 226 is not a fundamental right. There are 5 types of writs: 1. Habeas Corpus; 2. Mandamus; 3. Certiorari; 4. Prohibition; &  5. Quo warranto.  All 5 of them are Latin terms.  Till now we`ve understood that Writ means a kind of a Remedy.  So, writs have been classified under 5 heads. 

Habeas Corpus

Habeas Corpus it means to have a body or To produce a body. This is the most powerful and most used writ.  See, if the state illegally detains a person, then such an individual by himself - or through his relatives or friends can use the Writ of Habeas Corpus for the release of that person.  So when we use this article, the Supreme court or High Court ask the detection authority that on what basis was the person was detained? If cause is found to be unreasonable, detention immediately suspends and has to be released with immediate effect.

 

We cannot use the writ of Habeas Corpus in the following 4 conditions: 

1.     If the detention is lawful

2.     Contempt of Court

3.     If the detention is by a competent court

4.     If the detention is outside the jurisdiction of court


Case Law

Rudul Shah v. the State of Bihar, In this case, A person who had already completed his period of detention - was still kept in prison for extra 14 years in Jail. In this case the Writ of Habeas Corpus was used Hon’able court-ordered to release him immediately and was given him exemplary damages also so Writ of Habeas Corpus is used to demand of production or release of a person who is illegally detained. 

Writ of Mandamus

Writ of Mandamus, which means, 'WE COMMAND'  You can use this Writ on any statutory, non-statutory,  University, Tribunals, etc.  and Command them to perform their Public Duty. by this Writ, we can command a public official to perform his public duty. 

Case Law

Gujrat state financial corporation ltd vs Lotus Hotel AIR 1983 SC 848

In the writ of Mandamus, the Financial Corporation ltd  had an agreement with the Lotus Hotels that  we will release the funds so that you can complete your construction work.  Later, they refuse to release the Funds  So, Lotus Hotels approach the Gujarat High Court   by using the Writ of Mandamus, Gujrat High Court directs the Authority to perform the Public Duty which was promised to perform.  There is a condition prerequisite for the application of Writ of Mandamus - There should be a Public Duty.

Writ of Certiorari

Writ of Certiorari, which means  'To be Certified'  Thought this Writ, Supreme Court, and High court can command the Lower Courts to submit its records for their review.  In the review, it is checked whether the Lower Court Judgments are illegal or not. 

Now when can Lower Courts judgments be Illegal? 

1.     Excess of Jurisdiction

2.     Lack of Jurisdiction

3.     Jurisdiction is Unconstitutional

4.     Violation of Principles of Natural Justice

If the Lower Court Judgments are found to be illegal, then they are quashed which means that their judgment has no value now and is not to be followed. 

In the case of Gullapalli Nageswara Rao vs APSRTC,  the judgment of the lower court was held to be illegal and therefore Quashed.

Writ of Prohibition

Writ of Prohibition and Writ of Certiorari has a very small the difference if an illegal judgment is announced then to Quash it, we use a writ of Certiorari  But, if before the judgment is announced, if we want to prevent the mistake, then we use the Writ of Prohibition, here the meaning of prohibition is  'To Forbid'  So Prohibition is used until the Lower Court has pronounced the Judgment  and if the Lower court  has pronounced an illegal judgment then we use writ Certiorari 

Quo Warranto'

Quo Warranto, which means 'By what Authority’ By using this Writ, Court can question to any Public Officer that by what authority have you assumed this Public Office?  If the Officer`s Title is defective - then he has to vacate the Office. The petition of Quo Warranto is filed by anyone.

 

Friday, August 7, 2020

What is a Letter of Credit (LC) in Export & Import

What is a Letter of Credit (LC)?

A letter of credit is a formal, legally binding document from a bank that guarantees timely payment in full, from the buyer of any goods to the seller, provided that certain terms and conditions mentioned in the LC are met by the seller. In case a buyer is not able to make the full payment, LC binds the bank to cover the full or remaining payment.

LC benefits and provides security to both – the buyer and the seller. The seller is guaranteed payment even if the buyer is unable to make it and the buyer is secured, as he is only obligated to pay if the seller furnishes the proper required documents and meets the precisely defined terms mentioned in the LC.

Essentially, LCs act as formal trade instruments where the financial dependability of the buyer is replaced by the dependability of the bank

How does LC work?

  • An importer and exporter enter into business and sign a contract with each other for the international trade of goods. A need to secure the transaction may emerge if the parties do not know each other or are unsure of the other’s financial background. To ensure the delivery of goods to the importer and payment to the exporter, LC is issued.
    1. Description of goods
    2. Quantity of goods
    3. Technical description
    4. Documentary requirements, such as commercial invoices, bills of lading etc.
    5. Details of the consignee, which is generally the issuing bank
    6. Latest date of shipment
    7. Modes of transport and shipping ports to be used

Following this, the buyer’s bank, also known as the issuing bank, issues the LC. It is then sent to the seller and his bank, known as the nominated bank.
  • Based on the terms and conditions listed in the LC, the exporter prepares the goods and documents and ships the goods to the importer. 
  • The exporter then, submits copies of all the documents to the nominated bank for verification. Once the veracity and correctness of the documents is established against the terms and conditions specified by the importer in the LC, the exporter is duly paid the price agreed between him and the importer by the nominated bank
  • After the payment is made to the exporter, the submitted documents are sent to the issuing bank by the nominated bank. 
  • The issuing bank further verifies the documents. Once they are properly verified, the nominated bank is reimbursed the money paid to the seller by the issuing bank. 
  • The issuing bank then intimates the buyer about the shipment of goods and the possession of the documents by them. The buyer then pays the issuing bank, the money they have reimbursed to the nominated bank and the issuing bank endorses the bill of lading so that the cargo can be released to the buyer. 
  • The banks involved also charge a service fee for carrying out the transactions.

How are LCs regulated?

LCs are regulated by a number of domestic and international regulations.

International guidelines
The international guidelines issued by the International Chamber of Commerce (ICC) and are voluntary in nature. Parties have to contract to have their LCs subjected to them.

  •  UCP 600
    • UCP (Uniform Customs and Practices for Documentary Credits) (available for purchase here)   is a set of transnational rules issued by the International Chamber of Commerce’s Commission on Banking Technique and Practice that govern LC transactions worldwide. 
    • These apply to financial institutions which issue LC and aim to standardise and govern international trade and reduce the risks related to it. 
    • These rules have to be voluntarily incorporated into LCs and are the most successful rules developed to regulate them. The UCPs are not laws, but have been frequently used by the Courts to decide disputes concerning LCs
  •  Uniform Rules for Bank-to-Bank Reimbursements (URR)
    1. The ICC has also issued uniform rules for bank-to-bank reimbursements known as URR 725 to decide the responsibilities and rights of banks.
    2. Made as an accompaniment to the UCP, the URR are applicable on bank to bank reimbursements and are binding on agreements expressly subjected to these rules
  •  INCOTERMs (International Commercial Terms)

    The International Standard Banking Practices refers to a comprehensive set of guidelines issued by the ICC for the handling and examination of trade documents under letter of credit as an accompaniment to the UCP.
    Domestic regulations 
  • The Banking Regulation Act, 1949

    Section 6 of the Banking Regulation Act, 1949 allows banking companies in India to issue LCs.
  • RBI Guidelines
    The RBI issued guidelines regulating LCs in its Master Circular No.4/09.27.000/2013-14 issued on 1.07.2017 on Guarantees, Co- Acceptances and Letters of Credit (available here). These guidelines regulate the grant of LCs facilities, safeguards in opening LCs, LCs for commodities under Selective Credit Controls and immediate payment for settlement of claims under fraudulent LCs. It is pertinent to note that:
    • Banks cannot open inland LCs with clauses permitting other banks to discount usance bills under them.
    • Co-operative banks are not to grant LC facilities to parties maintaining nominal current accounts with them. For parties maintaining only current accounts, proper inquiries are to be made from their regular bankers about their antecedents.
    • LCs should only be issued on security forms.
    • Large LCs should be issued under two authorized signatures, with one being from the Head/Controlling Office. 
    • LCs should not be for amounts disproportionate to actual requirements and should only be issued after ensuring that the borrower has adequate financial resources. 
    • When borrowers have banking arrangements on a consortium basis, LCs have to be opened within the sanctioned limit on the basis of the agreed share of the banks. 
    • In the Master Circular No. Dir. BC.11/13.03.00/2015-16 issued on 01.07.2015 on Guarantees and Co-acceptances (available here), the RBI issued the following precautions to be taken by banks while issuing LCs: 
    • Banks are recommended to not extend non-fund based facilities, additional/ad-hoc credit facilities or discounted letters of credit to people who are not their regular clients. 
    • They are advised to be extremely vigilant in scrutinising the documents to ensure their strict conformity to the LC and in releasing payments to foreign suppliers. 
    • Banks are also to take action against their officials, the importer and the exporter in case of a criminal conspiracy regarding a fraudulent LC. 
    • Banks have to honour their commitments under LCs and make payments promptly. 
    • Export performance guarantees are not to contain any clauses that could allow them to be used as standby LCs. 
    • Standby LCs are not to be issued on behalf of wholly owned subsidiaries, overseas joint ventures or wholly owned step down subsidiaries of Indian companies for raising loans or advances except in the normal course of overseas business. 
    • The RBI also prescribes adherence to the directions and regulations issued under the Foreign Exchange Management (Guarantee) Regulations, 2000. 
Moreover, in Master Direction No. 17/2016-17 issued on 1.01.2016 and updated as on 12.1.2017 on Import of Goods and Services (available here), the RBI further lays down guidelines on advance remittances under LCs for the import of goods, merchanting trade transactions and the settlement of import transactions in currencies without a direct exchange rate. These are: 

    • All authorized banks are required to adhere to the UCP 600 while opening LCs for import into India.
    • The ‘For Exchange Control Purposes’ copy of the import license of the importer is required to be attached with an import LC. This has to be preserved until verification by an internal auditor.
    • An unconditional, irrevocable LC is required to be obtained from a reputed overseas bank or an AD-I bank in India for advance remittances in imports exceeding US$200,000 against a guarantee of a reputable international bank. If an importer cannot get this from an overseas supplier and an AD Category-I bank is satisfied with the importer’s track record, a standby LC is not required for advance remittances upto US$5,000,000.
    • Where an LC has already been used to cover the cost of goods short-supplied, damaged, short-landed or lost in transit, the AD Category-I bank can cancel theoriginal endorsement to the extent of the value of the lost goods and issue a fresh remittance for replacement imports if the insurance claim has been settled in favour of the importer.
    • All authorized banks are required to adhere to the UCP 600 while opening LCs for import into India.
    • The ‘For Exchange Control Purposes’ copy of the import license of the importer is required to be attached with an import LC. This has to be preserved until verification by an internal auditor.
    • An unconditional, irrevocable LC is required to be obtained from a reputed overseas bank or an AD-I bank in India for advance remittances in imports exceeding US$200,000 against a guarantee of a reputable international bank. If an importer cannot get this from an overseas supplier and an AD Category-I bank is satisfied with the importer’s track record, a standby LC is not required for advance remittances upto US$5,000,000.

What are the risks associated with LCs?

International letters of credit may be risky because of a number of reasons. Key reasons are as under

    • Bank Risk

    • Since the responsibility to pay is undertaken by the issuing bank, the exporter must ensure that the bank is financially dependable. Any guarantee of payment from a foreign bank that isn’t creditworthy is not useful.
    • Manipulation by Importer

      The onus of opening an LC is on the importer. While doing so, he might neglect to reflect the terms of the agreement or try to introduce his own clauses. The importer can also intentionally introduce conditions that are difficult to fulfil


    • Fraud Risk

      Fraud risk also arises as the importer can also send fraudulent LCs or get LCs issued from un-creditworthy banks.

      Thus, exporters must undertake a due diligence exercise must be undertaken to ensure that foreign banks which have issued letters of credit are genuine. It may not be prudent to accept letters of credit from importers without any verification of the issuing bank.

Tuesday, July 28, 2020

Important Section of Maternity Benefit Act 1961 and 2017 Amendment

What is the Maternity Leave?

Maternity Benefit in India gives a benefit to a pregnant woman who works in the establishment, this benefit is a form of paid leave during her maternity so that she can taking care of her newly born and self, and during maternity leave her job remains active.


A maternity leave allows to commissioning mother or any female who works in any establishment under section 2 of the Maternity Benefit Act 1961, This benefit encourages women to pay attention to her new baby during the initial months. It supports a lot to women and due to this benefit, a woman keeps balance her Job and her heath.  


The first Maternity leave Act was introduced in 1961 called the Maternity Benefit Act 1961, This Act enables women employees to get 26 weeks paid leave in which she can obtain up to 8 weeks leave before her expected date of delivery and rest 18 weeks post-delivery for taking care of the new-born. This Act applies to establishments as per section 2 of the Maternity Benefit Act 1916, Any woman who works under such establishment whether Contractual, Permanent, or associated with any agencies can get the advantage of the Maternity Benefit Act 1961. 


Some important amendments have enforced in the Year of 2017, and help a lot of women. In this amendment, a lot of benefits have given to woman employees. It encourages those women who give her time at the workplace as well as her home. 

Earlier, the maternity leave in India was for 12 weeks only, In 2017, Maternity Benefit Act was amended, Now maternity leave increases 12 to 26 weeks.


Import Section of Maternity Befit Act 1961 & 2017(Amendment)


Eligibility of Maternity benefit 

As per Section 3(o) A woman or Commissioning woman who works in any establishment whether Contractual, Establishment Payroll, or through associated with any agency 


As per section 5(4) of the Maternity Benefit Act 2017(Amendment) A woman who adopts a baby through Hindu Adoption or by any given law below the age of 3 months or a commissioning mother shall be eligible to get maternity benefit for twelve weeks from the date the baby is handed over to the adopting mother or the commissioning mother, as the case may be.


As per Section 5(2), No woman shall be permitted to maternity benefit unless she has worked in an organization as per establishment from whom she claims maternity benefit, at least 160 days must have worked within 12 months immediately from the date of her expected delivery:


Section 5(2) of the Maternity Benefit Act does not apply to A female employee who has immigrated into Assam was pregnant at the time of Pregnant,      


Explanation: - A female employee who has worked 160 days within 12 months immediately from the date of expected delivery.


Leave during Maternity


As per Section 5 of (3) Maternity benefit Act 2017(Amendment), 

The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks, that is to say, 8 weeks up to and including the day of her delivery and eighteen weeks immediately following that day


If a woman dies during this maternity period, the maternity benefit shall be payable only for the days up to and including the day of her death: 


Provided further that where a woman born baby, and during her delivery she dies or during the period of 18 weeks immediately following the date of her delivery, leaving behind in either case the baby, the employer is liable to pay Maternity benefit for the entire period of 18 weeks immediately following the day of her delivery but if the baby also dies during the said period, then for the days up to and including the day of the death of the baby.


Work From Home

As per Section 5 (5) of Maternity Benefit Act 2017(Amendment), 

In a case where the types of work are assigned to a woman is such as that she can work from home, then the employer may allow her to do so after taking the maternity benefit for the before-mentioned period and on such conditions as the employer and the woman may mutually agree.’’


Work Prohibited during pregnancy

As per Section 4 of the Maternity benefit Act 1961, according to this section, Employment of, or work by, women prohibited during a certain period. – 


(1) No, any organization shall knowingly employ any woman candidate in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. 


(2) No woman employee shall allow working in any establishment during the six weeks immediately following the day of the delivery of her miscarriage. 


(3) Without prejudice to the provisions of section 6, no any pregnant employee shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section 


(4) any work which is of a hazardous nature or which is a long-standing job or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to be cause her miscarriage or otherwise to adversely affect her health.


Right of payment


As per section 5 Maternity benefit Act 1916 , the Right to payment of maternity benefit. – 

(1) Subject to the provisions of this Act, every woman employee shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at a daily average rate of the wage of actual her absence during maternity period immediately preceding and including the day of her delivery and for the six weeks immediately following that day.


Notice of claim for maternity benefit and payment


As per section 6 of the Maternity Benefit Act 1961, Notice of claim for maternity benefit and payment thereof. – 

According to Section (6)(1) of the Maternity Benefit Act 1961, Any woman employed in an establishment and entitled to maternity benefit under the provisions of this a written notice is required as per given format or form to her employer, stating that she is entitled to get maternity benefit and any other amount under this Act shall be paid to her or to the nominated person in the notice and that she will not work in any establishment during the maternity period for which she receives maternity benefit.


According to Section (6)(2) In the case of a woman who is pregnant, shall give an application stating that the date from which she will be absent from work, not being a date earlier than 8 weeks from the date of her expected delivery date.


As per Section (6)(3) Any woman employee who has not given the application or notice when she was pregnant may provide such notice or application as soon as possible after the delivery. 


According to Section (6)(4) Once the notice received by the employer, the employer shall permit such a woman employee to not come office from the establishment until the expiry of 18 weeks after the day of her delivery. 


According to Section (6)(5), Woman employee who is pregnant is entitled to get the advance amount for maternity if she gives documents to the employer as proof of her pregnancy,  and the employer shall be paid the rest amount which is due for the subsequent period within 48 hours after receiving such documents which declare her delivery of the baby   


According to Section (6)(6) if a woman employee who was pregnant, failed to serve notice then she will not consider as disentitle from the maternity benefit or any other amount under this Act 

if she is otherwise qualified to such benefit or amount and in any such case an Inspector may both of his own motion or on an application made to him by the woman, may order to pay such benefit or amount within as per mention in the order


Leave for miscarriage. 


As per Section 9 of the Maternity Act 1961, unfortunately, if she gets miscarriage in that case a woman shall provide proof of documents of such unfortunate as per the prescribed format, she shall be entitled to get leave with wages at the rate of maternity benefit for six weeks immediately following the day of her miscarriage.



Nursing breaks. 


As per Section 11 of the Maternity Act 1961, Every woman who wedlock a baby and return back to her duty, apart from her interval, she will be allowed two breaks for nursing her baby as per prescribed duration in daily work until her baby gets the age of 15th Month.


Dismissal during absence or pregnancy. 


As per Section 12(1) Where a woman is in leave herself accordance with the provision of Maternity Benefit Act, Employer cannot discharge or dismiss her during maternity period if such employer does so that would be unlawful, 


As Section 12(2) (a) During pregnancy if a woman is dismissed or discharged from her service for other than misconduct, In spite her dismiss she will be entitled to get Maternity benefit act and Medical Bonus of Section 8


Where a woman is dismissed for any prescribed gross misconduct, the employer will give in writing to the woman and may deprive her maternity benefit or medical bonus or both  


As per Section 12(2) (b) Where a woman is deprived from Maternity Benefit Act or Medical Bonus or both, She can appeal to authority as per prescribed with 60 days of from the day of communication given by her employer. The decision of the Authority would be final whether the decision is in favour of a woman or not.   



Purpose 


Our purpose of this blog was to deliver some important section of the Maternity Benefit Act for the law student, CS and HR Profession




Sunday, July 26, 2020

Enforcement of Consumer Protection Act , 2019

Consumer Protection Act 2019

The Consumer Protection Act,2019 has been come into force from 20 July, with its salient features including the establishment of CCPA(Central Consumer Protection Authority) to market, protect and enforce the rights of consumers.

It was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on August 6, 2019. The Bill was then signed into law by President Ram Nath Kovind on August 9 last year.

The Act provides for a simplified dispute resolution mechanism with provision for mediation and e-filing of cases. Consumers can file a complaint at district or state consumer commission rather than the place where the service or product was sold. Consumers may drag manufacturers and sellers of adulterated and counterfeit products to court and claim compensation, as applicable. This act will help to consumer  all consumer

As per the source received from media, the Union Minister for Consumer Affairs, Food & Public Distribution Ram Vilas Paswan said that the new Act will give power to consumers and assist them in protecting their rights through its various notified rules and provisions such as Consumer Protection Councils, Consumer Disputes Redressal Commissions, Mediation,

He said that the power of CCPA is going to be increased to investigate into violations of consumer rights and institute complaints/prosecution, order recalls of unsafe goods and services, unfair trade practices, and misleading advertisements impose penalties on manufacturers/endorsers/publishers of misleading advertisements. Mr. Paswan further said that the principles for the prevention of unfair trade practices by e-commerce platforms also will be covered under this Act.

Mr. Paswan further said under this act, every e-commerce entity is required to produce information related to return, refund, exchange, warranty, and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, the security of payment methods, charge-back options, etc. including country of the origin which are necessary for enabling the customer to make an informed decision at the pre-purchase stage on its platform.

He said that e-commerce platforms need to acknowledge the receipt of any consumer complaint within forty-eight hours and redress the complaint within one month from the date of receipt under this Act.

He further added that the New Act gives an introduction about the concept of product liability and brings within its scope, manufacturer, product service provider, and merchandise seller, for any compensation claim.

Major Changes

As per the new Act, the name of the District Forum has been replaced with a new name the District Commission, and may now hear cases with a value of up to Rs 1 crore. There   was a limit of  Rs 20 earlier, the limit of the state commission has been increased and can now hear the cases up to Rs 10 crore, while the national consumer Dispute Redressal Commission (NCDRC) can hear cases with a value of up t0  Rs 10 crore, keeping with the inflation within the country

Additionally, a the knowledgeable mediator can now be appointed and consent terms entered between the parties before he is going to be treated as an order of the court. the other parties will now get to deposit 50 percent of the quantity ordered by the District Commission before filing an appeal before the state Commission. The earlier ceiling of Rs 25000 has been removed

Another important feature of the new Act is that a consumer can file a case wherever has resides, rather than filing a case at the place of the other party. Section 49(2) and 59(2) of the new Act gives power to the state commission and therefore the NCRC respectively, to declare the allegedly unfair terms of the contract to be null and void.

Even though these provisions are now effective, working of consumer commission in Mumbai and have virtually come to halt since March, when the pandemic struck, The new Act only provides for e-filling, with no provisions for virtual hearing

It will also give teeth to the authorities to punish unfair trade practices and misleading advertisements.

A significant change that under the earlier Act, complaints could be initiated only in the place where the transaction took place. But now, a consumer can lodge a complaint from wherever he lives.

Ram Vilas Paswan, Union Minister for Consumer Affairs, Food & Public Distribution, said this new Act will empower consumers and help them in protecting their rights through its many notified Rules and provisions like as

CPC(Consumer Protection Councils), CDRC(Consumer Disputes Redressal Commissions), Mediation, Product Liability and punishment for manufacture or sale of products containing spurious goods.

A significant note for customers under this Act is that there will be no fee for filing cases up to Rs 5 lakh. There are provisions for filing complaints electronically, credit of amount due to unidentifiable consumers to Consumer Welfare Fund (CWF).

The State Commissions will furnish information to central government on a quarterly basis on vacancies, disposal, pendency of cases and other matters, the release said.

He added that under this Act, every e-commerce entity is required to provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal system, methods of payment, methods of security of payment, including country of origin, which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage on its platform.

He said e-commerce platforms have to acknowledge the receipt of any consumer complaint within forty-eight hours and redress the complaint within one month from the date of receipt under this Act.

Paswan noted that in earlier Consumer Protection Act, single-point access to justice was given, which is also time-consuming. He said this Act will prove a significant tool to protect the rights of consumers in the country.

Consumer’s relief

“Very significant change in the law. So far, much of the advertising was left to goodwill. The maximum recourse was given to ASCI and ASCI was a convenient subterfuge for companies. For the consumer, it was a very disturbing process for the consumer to take the company to task. ASCI, at best time used to rap the company on the knuckles after a long time and by that time, the advertisement had run its full course. Since government machinery has moved, the power to prosecute or penalize is there now..


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