|
| |
|
India has progressive consumer welfare legislation in the form of Consumer Protection Act, 1986 establishing effective machinery to resolve the disputes between the manufacturers and service providers and the consumers with regard to product defects, deficiency in service as well as matters pertaining to restrictive and unfair trade practices. The legislation envisages establishment of District, State and National level disputes redressal fora to adjudicate over such disputes. Each of these Fora has jurisdiction commensurate with the value of claims. |
Each of these Fora is empowered to pass orders and direct the offending party to |
Indian Companies can hire services of foreign technicians and make remittances for technical services fees subject to certain conditions regardless of the duration of engagement of foreign nationals in any calendar year. |
 |
remove the defect from the product |
|
replace the defective goods |
|
return the price paid or costs incurred by the consumer |
|
pay compensation to the consumer |
|
withdraw hazardous goods, if any, from sale in the market |
|
discontinue with the alleged restrictive/unfair trade practice. |
| |
|
The Act provides for penalty to be paid by the consumer in case it is found that the complaint by him is of vexatious in nature. |
| |
| Monopolies & Restrictive Trade Practices |
| |
In line with the global practices in the anti-trust domains, India too has enacted Monopolies & Restrictive Trade Practices, 1969 which went through revisions in the year 1984 and 1991 keeping pace with changing market scenario globally. |
When major industrial reforms were introduced in India in the year 1991 the provisions pertaining to monopolies under the said Act lost relevance. The Act provides for establishment of MRTP Commission which regulates restrictive and unfair practices being employed by corporates with regard to minimum price maintenance; preventing & restricting competition; curbing free flow of products and services and practices amounting to misleading consumers regarding benefits and uses of products and services and false representations. |
The Director General of Registration & Investigation appointed under the provisions of the Act assists the Commission in investigation and proceedings against the companies violating the code. |
The Commission is empowered to: |
|
direct the guilty undertaking to discontinue with the alleged restrictive and unfair practice; |
|
pass cease & desist orders so as to restrain the guilty undertaking from adopting such restrictive and unfair practice; |
|
remove the restrictions and stopping unfair trade practices |
|
award compensation for the loss suffered or injury sustained by the aggrieved consumers to be paid by the guilty undertaking. |
| |
|
