Team JGJ

11 Dec 2024 THIRUVANANTHAPURAM: Students’ grievances against educational institutions, except coaching institutes, will not come under the purview of the Consumer Protection Act, the State Consumer Disputes Redressal Commission has ruled. The SCDRC set aside an order passed by the Kasaragod District Consumer Disputes Redressal Commission against a Bengaluru-based dental institute. The SCDRC’s order came on an appeal filed by the Karnataka Examinations Authority (KEA) against the district commission’s order. It was based on a petition by a Kasaragod student alleging a deficiency of service on the part of a dental institute in Bengaluru. The case followed a dispute between the student and the institute over relieving him from the institute after he secured admission at another institution. In its order, the district commission directed the institute, which was the second opposite party in the case, to refund an amount of Rs 52,500 and pay Rs 10,000 as compensation. Source: Indian Express

11 Dec 2024 Mandi Gobindgarh, 11 December: The ADR Center, Legal Aid Cell, and Probono Legal Service Club of the University School of Law, Desh Bhagat University, organized a Legal Awareness Camp at Village Sohag Heri, District Fatehgarh Sahib on “Legal Aid Awareness on Consumer Protection Law: Procedure for Filing the Complaint”. The Camp was attended by students, faculty, and local residents. The camp began with a warm welcome address delivered by Dr. Anu Mutneja, Head of the Department at the University School of Law. This was followed by an insightful session led by Dr. Arti, the camp’s coordinator, who explained the key aspects of filing a consumer complaint and the comprehensive redressal mechanisms under the Consumer Protection (Amendment) Act. Dr. Arti elaborated on the importance of consumer awareness, the role of Consumer Protection Councils, and the jurisdiction of the four Consumer Forums. A group of 40 students actively participated in the camp, contributing to discussions and gaining knowledge about the essential rights and responsibilities of consumers. Their engagement highlighted the importance of legal education in promoting consumer empowerment. The event concluded with a vote of thanks delivered by Sarpanch Mr. Gursewak Singh, who appreciated the initiative taken by Desh Bhagat University. He acknowledged the efforts of faculty members and students in organizing the camp and spreading vital legal awareness in the community. Chancellor Dr. Zora Singh and Pro-Chancellor Dr. Tajinder Kaur also commended and said that this initiative underscores the University School of Law’s commitment to community service and legal education, bridging the gap between legal awareness and access to justice in rural areas. Source: Patiala Politics

11 Dec 2024 Pune: A favorable verdict from the District Consumer Disputes Redressal Forum may bring relief to consumers, but the struggle does not always end there. Many consumers face challenges in enforcing these orders due to non-compliance by service providers. This often leads to further legal battles, adding to the consumer’s burden. In numerous cases, service providers fail to adhere to the orders passed by the district forum. As a result, consumers are forced to initiate additional legal processes to ensure compliance. Some consumers even find themselves defending their cases in the State Consumer Forum if the service provider files an appeal. Case Study: Car Purchase Dispute A recent case highlights these challenges. Sagar, a Pune resident, purchased a car from a reputed automobile company. However, the car’s paint had defects, and when Sagar requested a replacement, the company refused. Frustrated, he approached the district forum, seeking a refund for the car’s cost. The forum ruled in Sagar’s favor and directed the company and the dealership to refund the amount. However, the company appealed the decision in the State Consumer Forum, forcing Sagar to present his case again. Ultimately, the state forum upheld the district court’s order, directing the company to refund the amount. Common Defaulters and Reasons for Appeals Certain industries frequently challenge consumer court orders, including: • Real Estate Developers: Often due to large compensation amounts involved. • Insurance Companies: Multiple complaints filed by consumers exacerbate the issue. • Travel Companies: Appeals are common when refunds or compensation amounts are high. Consumer Protection Act Provisions Consumers facing non-compliance of forum orders can file an application under Sections 71 and 72 of the Consumer Protection Act. Advocate Dnyanraj Gajanan Sant, Vice-President of the Consumer Advocate Association, confirmed that such legal provisions are available to safeguard consumer interests. Despite these legal remedies, consumers often find the process lengthy and exhausting, highlighting the need for stricter enforcement mechanisms. Source: The Bridge Chronicle

03 Dec 2024 The Ministry of Consumer Affairs, Food & Public Distribution launched ‘eDaakhil portal’, a speedy and hassle- free mechanism for filing consumer complaints in all states and union territories. What is eDaakhil? Developed under Consumer Protection Act 2019, eDaakhil portal has aprovision of online filing of consumer complaints in the Consumer Commissions and online payment of fees for filing a complaint. “eDaakhil is an innovative online platform designed to streamline the consumer grievance redressal process, providing an efficient and convenient way for consumers to approach the relevant consumer forum, dispensing the need to travel and be physically present to file their grievances,” according to a press release dated November 27, 2024 by the Ministry of Consumer Affairs, Food & Public Distribution. As per the press release, “The eDaakhil portal was first launched on 7th September 2020 by the National Consumer Dispute Redressal Commission. By the end of 2023, it was launched in 35 States/UTs except Ladakh. Now, as the Hon’ble Lieutenant Governor of Ladakh, Brig. (Dr.) B.D. Mishra (Retd.) launched the eDaakhil Portal in Ladakh Consumer Commission on 22nd November 2024. The platform is accessible to consumers across all regions of India, from metropolitan cities to remote areas. This comprehensive coverage underscores the government’s commitment to empowering consumers and enhancing the efficiency of the consumer grievance redressal system.” How eDaakhil works According to the press release, “eDaakhil ensures a paperless and transparent process with respect to the filing of cases. Any consumer or advocate can sign up on the e-Daakhil platforms with the required authentication by receiving an OTP on their registered cell phone or an activation link on their registered email address. They can then move on with filing a complaint. The portal has facilitated all aggrieved consumers to submit complaints to consumer commissions online in the comfort of their own homes, to pay the appropriate fees, and track the progress of the case online.” Source: Economic Times

09 Dec 2024 Consumer electronics giant OnePlus India Technology Pvt Ltd has been ordered to pay Rs 5,000 in compensation to a Bengaluru resident for not providing a user manual with his new mobile phone, along with Rs 1,000 for litigation costs. The Bengaluru I Additional District Consumer Disputes Redressal Commission termed the company’s actions ” sheer negligence and indifference, ” as reported by Times of India. The case stems from SM Ramesh, a Sanjay Nagar resident, who purchased a OnePlus Nord CE 3 mobile phone for Rs 24,598 on December 6, 2023. To his frustration, the package did not include a user manual, leaving him without detailed information on the phone’s features, warranty details, or the company’s address. Times of India reported that, despite the consumer’s repeated complaints, OnePlus remained unresponsive, finally delivering the manual in April 2024 —four months after the purchase. Dissatisfied, the consumer filed a legal complaint on June 3, alleging a “deficiency in service. “ OnePlus failed to appear at the hearings, prompting the commission to proceed ex parte. The court noted that the absence of a user manual caused mental agony and inconvenienced the customer, rendering OnePlus negligent. It underscored the manufacturer’s duty to provide essential documentation. The report said that on November 29, the court directed OnePlus to compensate the consumer Rs 5,000 for mental agony and Rs 1,000 for legal costs. The decision highlights the importance of providing customers with complete product information to avoid legal repercussions. Source: Indian Express

10 Dec 2024 The minister underscored the immense potential of India’s e-commerce sector, describing its future as bright and transformative. He stressed that while digital advancements offer vast opportunities, it’s vital for consumers to make informed decisions. “Our government believes it is equally important for our consumers to feel confident and make informed choices,” Joshi stated. Consumer Protection and E-commerce Growth Joshi warned of risks associated with the rapid expansion of e-commerce, particularly concerning consumer protection. Under Prime Minister Narendra Modi’s leadership, multiple initiatives have been launched to create a trustworthy e- commerce environment. Rules now mandate online platforms to provide accurate product details, clear pricing, and disclose the country of origin. The minister pointed out that some platforms promote specific brands and deflect responsibility when complaints arise. His comments are significant as e-commerce giants face allegations of deep discounts and preferential treatment of sellers in India. Joshi emphasized that companies must prioritize consumer interests to build trust. India’s Economic Growth and E-commerce Joshi attributed India’s e-commerce momentum to strong economic growth, robust digital infrastructure, and affordable data. “Our consumer base is good…we are the fastest-growing economy of the world,” he noted. He predicted that India would soon become the third-largest economy globally, expanding its customer base significantly. The minister shared a personal anecdote about his wife’s experience with an online purchase. She ordered a sari but received a low-quality product, prompting her to file a complaint for a refund. Joshi urged companies to ensure consumers do not encounter such issues. Sustainability Initiatives in India India is making significant progress in sustainability by advancing renewable energy goals. Joshi mentioned that in 2014, India generated 75 gigawatts of renewable energy. Today, this figure has surpassed 212 gigawatts. The installed capacity exceeds 43%, with a target of 500 gigawatts by 2030. Joshi concluded by highlighting India’s commitment to renewable energy. By 2030, half of India’s energy needs will be met through renewable sources. This reflects the country’s dedication to sustainable development and reducing its carbon footprint. Source: Good Returns

09 Dec 2024 Bhubaneswar, Dec 9: The Indian government is set to enforce mandatory hallmarking for gold bullion, a move aimed at guaranteeing the purity of gold products and safeguarding consumers against quality issues. Consumer Affairs Secretary Nidhi Khare made this announcement at the Gems and Jewellery Conference organized by the Confederation of Indian Industry (Cll) in New Delhi. Khare revealed that more than 40 crore gold jewellery items have already been hallmarked, with over 4 lakh gold items receiving hallmark certification daily. The new regulation, combined with the introduction of a six-digit unique ID system, is expected to significantly enhance trust and transparency in the jewellery sector. This system will help ensure consistent quality, improve traceability, and foster consumer confidence. The automation of the hallmarking process, incorporating API-based integration of XRF data, has streamlined operations and boosted efficiency for both jewellers and consumers. Khare also emphasized the importance of building global brands in India’s jewellery sector, urging a blend of traditional craftsmanship with modern consumer demands for international markets. Since the introduction of mandatory hallmarking, the number of registered jewellers has surged from 34,647 to nearly 1.94 lakh, and the number of assaying and hallmarking centres has grown from 945 to 1 ,622, strengthening the infrastructure for quality assurance. Source: Prameya News

05 Dec 2024 The Central Consumer Protection Authority (CCPA) has asked Ola Electric Mobility Limited to provide additional documents and information on show cause notice it issued earlier over alleged consumer rights violations and unfair trade practices. The CCPA has given Ola 15 more days, starting from the email communication on December 4, to submit the required details, the company said in an exchange filing on Thursday. Ola Electric has confirmed it will comply and provide the necessary information within the specified timeframe. Ola Electric was issued a show cause notice by the CCPA in early October for alleged violations of consumer rights, misleading advertisements, and unfair trade practices. The notice required the company to provide additional documents and information. In a filing, the company, led by Bhavish Aggarwal, had stated that the CCPA’s notice does not impact its financial, operational, or other business activities, nor does it involve penalties or fines. As of Thursday, Ola Electric’s shares were trading at Rs 98.50 on the BSE. The company has faced mounting customer complaints regarding after-sales service, software glitches, and hardware issues with its scooters. Ola Electric’s market capitalisation recently dipped below $5 billion for the first time since its public listing. In October, Ola Electric’s CEO, Bhavish Aggarwal, had a heated exchange with comedian Kunal Kamra on social media concerning service issues with the companys e-scooters. Despite these challenges, Ola Electric is focusing on expanding its service network, planning to double its service centres to 1,000 by December through its ‘Hyperservice’ initiative. Ola’s market share in the domestic electric two-wheeler segment dropped to 27.9 per cent last month, according to data from the Vahan portal. Competitors like Bajaj Auto, TVS Motor, and Ather Energy have gained ground with market shares of 21.4 per cent, 20.2 per cent, and 14.8 per cent, respectively. Source: Economic Times

10 Dec 2024 The District Consumer Disputes Redressal Commission (Commission) in Delhi’s Central District found Emami (opposite party/OP) guilty of unfair trade practices and misleading advertisements related to its ‘Fair and Handsome’ fairness cream. The coram of President Inder Jeet Singh and member Rashmi Bansal found that the company’s claims of providing fair skin to users in three weeks were deceptive and unsupported by evidence, violating consumer rights. “The conclusions drawn above, makes it crystal clear that the OP is offering the product – Fair and Handsome cream with few, negligible and limited instructions on the packaging and labeling that its use regular use for three weeks will result into fairness in the skin of man, despite knowing that instructions mentioned are incomplete instructions and for want of following the other requirements, it will not give the result claimed. …this proves misleading advertisement and unfair trade practice that in order to promote product and sales, such strategy was adopted by the OP,”the Commission held Therefore, it ordered the withdrawal of all such misleading advertisements and packaging while also awarding punitive damages of lakh out of which lakh is to be deposited with the Delhi State Consumer Welfare Fund and has to be paid to the complainant. ” The complaint is partly allowed in favour of complainant and against the OP while directing OP (i) to discontinue the unfair trade practice in respect of its product, to withdraw those packages, labels, advertisements either of its brand ambassador or otherwise and not to re-exhibit by mode of audio or visual or combination of both forthwith; (ii) to deposit punitive damages ofRs.14,50,OOO/- in the Delhi State Consumer Welfare Fund (its receipt will be furnished to this Commission in time), (iii) to pay balånce punitive damages Rs. 50,000/- (which includes loss amount ofRs.791-) to the complainant as determined and payable and (iv) to pay costs ofRs.10,OOO/- to the complainant. The amount will be deposited and payable within 45 days from the date of this order,” the Commission held. This is second time the Commission has passed this order. In 2015, it had ruled in favour of the complainant. However, upon appeal, the State Commission overturned this decision in 2017 and remanded the case back to the District Commission for a fresh hearing and also directed that the case should be decided after considering evidences of the parties and other material. The case arose from a complaint filed by Nikhil Jain (complainant) filed against Emami Limited alleging unfair trade practices and misleading advertisements for their product “Fair and Handsome Cream.” Jain claimed that he purchased the product for and used it as per the instructions provided. Despite this, the product failed to deliver the promised results, such as fairness and other benefits, making it defective. As part of the relief, he sought corrective advertisements for one year, punitive damages amounting to ₹19.9 lakh and litigation costs of ₹10,000. In defense, Emami Limited denied all allegations, asserting that the product was scientifically tested and complied with all regulatory standards. The company argued that the complaint lacked merit as there was no sufficient evidence to prove the allegations. They also contended that the complainant failed to provide proper proof of purchase and expert opinion regarding the product’s effectiveness. Emami further contended that the product had undergone various tests and was designed for specific conditions, such as protecting against UV rays and improving skin quality for users aged 16—35. However, the Commission rejected these contentions noting that the packaging and advertisements of “Fair and Handsome” were misleading since it created an impression that the product would deliver fairness within three weeks though the conditions required to achieve the promised results were not mentioned. The Commission deemed this to be an unfair trade practice. It added that the damages should be of such an extent that they would actually “pinch” the defaulter, so that it deters others from engaging in conduct similar conduct Accordingly, the Commission imposed lakh in punitive damages on Emami and directed the company to withdraw deceptive advertisements and packaging. The damages have to be paid within 45 days of the order. Advocate Paras Jain appeared for the complainant Nikhil Jain. Source: Barand Bench