TagConsumer Protection

Who is a Consumer? Parallel Proceedings under RERA and CPA

[Varda Saxena is a 3rd year B.A., LL.B. (Hons.) student at Jindal Global Law School in Sonipat] Section 2(7) of the Consumer Protection Act, 2019 (“CPA“) mandates that a person who obtains goods for commercial purposes is not a consumer. This means that a person who obtains goods for reasons other than the sustenance of their livelihood or for reasons other than self-use is...

Arbitration of Consumer Disputes in India: A Need for Reform

[Pavitra Naidu & Shreya Jain are 4th year B.B.A., LL.B. (Hons.) students from Jindal Global Law School, Sonipat] The case of Emaar MGF v Aftab Singh was a landmark in the issue of arbitrability of consumer disputes. However, with India striving towards a pro-arbitration regime, delving into the possibility of arbitration of consumer disputes in India becomes imperative.  This post will...

Call for Papers | International Journal on Consumer Law and Practice

[Announcement on behalf of the International Journal on Consumer Law and Practice] The National Law School of India University (NLSIU) is an institution of legal education focusing on undergraduate and graduate legal and policy education in India. The International Journal on Consumer Law and Practice (IJCLP) is a blind-peer-reviewed, law journal published annually by NLSIU under the aegis of the...

E-Commerce Rules 2020: Protecting Consumer Welfare or Harming Individual Enterprise?

[Dhanush Dinesh is a graduate of the National Law School of India University, Bangalore] The Consumer Protection Act, 2019 has come into force on July 20, 2020. This statute supersedes the older Consumer Protection Act, 1986 and has been updated to reflect and incorporate modern forms of commerce, such as online shopping and tele-commerce. In furtherance of this, specific rules have been notified...

Consumer Protection (E-Commerce) Rules, 2020: An Analysis

[Sumit Kumar Gupta is a 4th year student at the West Bengal National University of Juridical Sciences] Governments across jurisdictions have always maintained a delicate balance between the competing interest of consumers and the dynamics of the market. True to its nature, markets have undoubtedly been inclined towards profit maximization, while consumers have sought to exploit the scant margin...

Analyzing the Draft E-Pharmacy Rules

[Akash Santosh Loya and Pratik Joshi are Final Year B.A. LL.B. (Hons.) students at the National University of Advanced Legal Studies, Kochi] While the advent of e-commerce has introduced several advantages, it has also raised various concerns. These are evident in the pharmaceutical sector in India wherein e-commerce is making great strides in helping consumers avail of drugs at their door-step...

Consumer Disputes to be Non-Arbitrable: SC Lays to Rest the Controversy

[Nidhisha Garg is a 3rd year student at NLIU Bhopal] The Supreme Court observed in Emaar MGF Land Limited v. Aftab Singh (10 December 2018) that consumer disputes are non-arbitrable, thus putting to rest the ongoing debate on the same. Aftab Singh, in the present matter was aggrieved due to the delayed delivery of possession by the Emaar MGF upon purchase of property. The buyer’s agreement had an...

Consumer Protection Bill, 2018: A Paradigm Shift?

[Chirali Jain is a BBA LLB (Hons) student at National Law University, Jodhpur] On 20 December 2018, the Lok Sabha passed the Consumer Protection Bill, 2018 (the “Bill”) which is an attempt to replace the entire Consumer Protection Act, 1986 (the “1986 Act”). The question is whether there was a need to replace the entire legislation? What were the insurmountable obstacles that led to a three...

Making Arbitration More Consumer Friendly – The Way Forward in India

[Chandni Ghatak is a 4th year student at National Law University-Jodhpur. A related post on the topic is available here.] The Supreme Court of India has finally clarified  as to what prevails in the battle between statutory remedy and arbitration in relation to resolving consumer disputes by upholding the decision earlier rendered by the National Consumer Disputes Redressal Commission (“NCDRC”)...

No Arbitration in Consumer and Real Estate Disputes

[Ajar Rab is a Partner at Rab & Rab Associates LLP, Dehradun] In an earlier post, I had discussed the decision of the National Consumer Disputes Redressal Commission (“NCDRC”) in Aftab Singh v. Emaar MGF Land Limited & Anr, which had held that consumers disputes are not arbitrable under section 2(3) of the Arbitration and Conciliation Act, 1996. The post had referred to the possibility of...

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