CONSUMER PROTECTION AUTHORITY

Copyright infringement not intended

Context - The Central Consumer Protection Authority has released an Advisory to e-commerce websites against the illegal sale and facilitation of wireless jammers.

Details

• The Central Consumer Protection Authority (CCPA) has issued guidelines to e-commerce companies regarding selling or facilitating the sale of wireless jammers to buyers through their e-commerce websites/apps.
• It is illegal to sell or use any wireless device without authorization/license under the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act (IWTA) 1933, unless exempted by rules.
  • Jammers come under the purview of the Indian Wireless Telegraphy Act (IWTA) 1933 and the Act mentioned that a license is compulsory for the possession and use of jammers.
• As per the new Guidelines;
  • Jammers will be allowed only under exceptional circumstances, only when authorized by the Secretary (Security), Cabinet Secretariat.
• The Department of Telecommunication has issued an Advisory with reference to the illegal sale of wireless jammers on online platforms.
• The Department of Promotion of Industry and Internal Trade has notified all e-commerce entities to comply with the rules and regulations.
• Under the Consumer Protection Act, 2019, Central Consumer Protection Authority (CCPA) is empowered to protect, promote and enforce the rights of consumers, and prevent violation of consumers’ rights.

Consumer Protection Act, 2019

• The Act defined a consumer as a person who buys any goods or avails of service for final use.
  • It does not include a person who buys a good for resale or a good or service for commercial purposes.
• It covers transactions through all modes including offline, and online.
• The Act clearly defined 6 Rights of consumers:
  • Right to be protected against the marketing of goods and services which are hazardous to life and property.
  • Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services.
  • Right to Choice among a variety of goods or services at competitive prices.
  • Right to be heard
  • Right to seek Redressal against unfair or restrictive trade practices.
  • Right to Consumer Awareness
• Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers.
  • It functions under the guidelines of The Minister of Consumer Affairs, Food and Public Distribution
  • It regulates matters linked to the violation of consumer rights, unfair trade practices, and misleading advertisements.
  • The CCPA has an investigation wing; they may conduct an inquiry or investigation into the case of violations of rules.
• Central Consumer Protection Authority (CCPA) functions;
  • Inquiring into violations of consumer rights, investigating and taking appropriate action.
  • It could pass orders to recall goods or withdraw services that are hazardous, and refund the price paid.
  • It Issues directions to the concerned trader/ manufacturer/ endorser/ advertiser/ publisher to either discontinue a false or misleading advertisement.
  • It imposes penalties 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.
  • It Issues safety notices to consumers against unsafe goods and services.
• Consumer Disputes Redressal Commissions (CDRCs) at the District, State, and national levels.
  • Appeals from the State CDRC will be heard by the National CDRC.
  • The final appeal to the Supreme Court.
  • The District CDRC will entertain complaints where the value of goods and services does not exceed Rs 1 crore.
  • The State CDRC will entertain complaints when the value is more than Rs 1 crore but does not exceed Rs 10 crore.
  • Complaints with a value of goods and services over Rs 10 crore will be entertained by the National CDRC.
    
    

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1821641