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☑️आम Consumer को मिलेगी राहत? 10 Rules You must know | New CONSUMER PROTECTION ACT @Legal SHOTS - YouTube
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Hello friends whenever we go
shopping and buy a lot of things
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And don't take your
carry bag from your home
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Well that's a good practice
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Then that company forces us
to buy carry bag from them
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for which we have to
pay a certain amount
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so today we made a
video on this topic
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One year ago
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When Bata charged a
customer for own polybag
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and the customer
got angry, filed a
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Case against them
in consumer forum
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And Bata not only had to
refund Rs.3 of polybag
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But also had to pay
Rs 9000 as a fine
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Just because it was
a wrong practice.
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So this country
has 2 such Acts
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Which gave power
to common man
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1st one to be RTI Act, 2005
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and 2nd Consumer Protection
Act, 1986
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But friends there has been
a lot of updates in
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And in 2019 New Consumer
Protection Act was passed
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Which has been implemented
from 20 July 2020.
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And this change is a
very positive change.
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This is going to give a lot more
power to a common man/common consumer.
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So friends, in today's episode
about the Consumer Protection Act.
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We will talk about 10 changes
and I would like to invite
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Naman Mohnot who is a
very good friend of mine
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and has his own youtube
channel "Legal Shots"
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On which he puts videos
related to laws
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"Hi, I am advocate Naman Mohnot
from youtube channel Legal Shots"
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So friends watch this
video till the end
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We will clear a lot of doubts
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We will also tell if you can
challenge ESI/PF
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In Consumer Forum if you
don't get good service
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We will also tell how to
write your own complaint
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where you won't need any lawyer
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Friends my name is RISHABH JAIN and
you are watching Labour Law Advisor
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The channel of our country that
empowers employees and employers.
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Makes them aware of their rights
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So if you haven't subscribed
the channel yet, please do
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and press the bell icon so that
you do not miss any important update
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[Intro Music]
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We will talk about 10 changes
which completely changed
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The Consumer Protection Act
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We should remember that it
was first executed in 1986
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and right after 34 years Government
Of India changed it completely
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When I say completely, then I
mean it's completely changed
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Firstly let's talk about
E-commerce Transaction Act
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You see every day that majority
of transactions takes place from
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Flipkart, Paytm, Snapdeal, Amazon
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earlier E-com was not included
in Consumer Protection Act
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And complaints weren't
resolved during that time
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But first time in legal history
E-commerce was included in the Act
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This was a major change
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Moreover, now E-com websites
will have to tell 5-7 details
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Their refund policy, return policy
and if complaints are resolved in time
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This sort of time frame
is given because Government
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Of India knows about all
the frauds that take place
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The second change is related to
endorsement earlier it was
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If there was an issue with the product then
you couldn't complain against celebrities
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But this was the first time that if
you use a product that you saw in the ad
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and you don't have the
same experience
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Or if it was done by a star then
you can involve them in the complaint
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This will fix the liability
of celebrities
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Because when celebrities promote
something we buy with our eyes closed
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Remembering all this,
the Act was updated
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This doesn't only
include film stars
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If you talk about YouTubers
like Rishabh Ji from LLA
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If he claims something wrong
today you can involve him as well
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And many more like Bhuvan
or Technical Guruji
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If Technical Guruji gives a
wrong review then you can complaint
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The meaning of the word Consumer
in CPA has been increased
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Two important have been included
one to be Telecom sector
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You must have faced issues with mobile
network or internet connection
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So earlier you couldn't involve them
as it wasn't under consumer act
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Now Telecom Sector
also has been added
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So you can involve them as well
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and the 2nd thing is Food Sector
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When you order food from Swiggy,
Zomato you can take action against them
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4th change is related to
products liability
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earlier you could only involve
the retailer, not the manufacturer
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But for first-time product
liability got launched in India
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And now you can involve
manufacturer as well
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The 5th big change involves
those aggregators who takes defense
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That we are Amazon, Flipkart,
Snapdeal we don't do anything
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We just bring products of people
on our platform and sell it
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We had a experience that
whenever we sent a legal
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notice they always took the defense
that "we are just aggregators"
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But now the government of
India brought a big change
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and are making aggregators
liable for it
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So any aggregator who
provides their platform
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Can't take their defense that
they don't have any role in it
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Now will talk about the last 5 changes
in which we will take practical ways
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6th change involves jurisdiction
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It means where you
can file you complaint
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Earlier you could file your
case in two destination
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where defendant offices is located
against whom you are filing the case
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Or the place where the issue arose
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Issues faced were suppose
you booked a flight and their
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Headoffice is located somewhere
and you are from other places
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So you had to go at their office
and file your complaint
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But now the situation
has been changed.
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And I think that its
the biggest changed
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Now the consumer can file a complaint
in their own jurisdiction
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The first time it happened that you can
file case from your residential place
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For example, suppose
you booked a flight
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You are going from Mumbai
to Delhi in SpiceJet
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You booked the ticket from
Jaipur but you live in Jodhpur
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And you think if you live in
Jodhpur will you have to go
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Jaipur, Mumbai, Delhi or go
to SpiceJet's head office
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But now you can complain
while staying in Jodhpur
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This will result in increase
in consumer complaints
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and consumers will get relief
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7th is a big change
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We usually don't file a complaint
thinking it is a small issue
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Who will go to consumer forum,
who will give fees to lawyer
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Why to face so much problems
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But it's time for
E-file complaint
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India is moving towards
Digital India
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So this is the first time where
you can file a complaint online
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Now no need to go
to district forum
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8th change is related to
Pecuniary Jurisdiction
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Earlier claims up to 20 Lakhs
were in form of District
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20 Lakhs - 1 Crore were
in the form of State
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And above 1 Crore
it was National
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But as we know that amount
of the transaction is increasing
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So claim of 20 Lakhs in
Jurisdiction is changed to 1 Cr
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90% of claims falls
within 1 Crore
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So if you complaint is within 1 Cr
then you can file in your city
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1Cr to 10Cr is State commission and
above 10Cr is National commission
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Usually happens that we win
in district jurisdiction
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And get our money back
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But the company immediately
files in state jurisdiction
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when complaint goes there
is usually a stay
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which means the order for
compensation will be withheld
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Govt. if a company did then
the consumer will have to suffer a lot
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It was declared that if order
was passed and you still appeal
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then it was mandatory to submit
50% of compensation of the total amount
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If the court thinks of
giving it to the consumer
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So now when the company knows that they
have to give compensation to court
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and number of appeals
will decrease
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and the sufferer will
get the money
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10th point comes because
you watch Labour Law Advisor
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You see on LLA regularly that
you are providing with your PF/ESI
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but still, you are not getting
any response from Govt. Dept.
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Or you are not getting
the response that you expect
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You can file its complaint
in Consumer court
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People think that you can't file
against Govt. Dept. which is wrong
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Because you are a consumer and
you can file a complaint
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Against ESI/PF as well
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This point was cleared by
Supreme Court in 2008
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So if you have any issues with ESI/PF
then you can approach the consumer forum
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So friends as I promised we
provided complete detail
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that how we can appeal
in consumer forum
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Even though the Act
has been updated
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This link for that is
given in I-button
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and also we are providing
link for the case study of BATA
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In which BATA had to pay a fine of
₹9,000 for charging money for polythene
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that video will also be
given in I-button
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So that's all in
today's video
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This is RISHABH JAIN
Jai Hind, Jai Bharat
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