Team-BHP - New consumer bill on 'product liability' is now pending cabinet approval

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- The Indian Car Scene (https://www.team-bhp.com/forum/indian-car-scene/)

- - New consumer bill on 'product liability' is now pending cabinet approval (https://www.team-bhp.com/forum/indian-car-scene/189927-new-consumer-bill-product-liability-now-pending-cabinet-approval.html)

"The new Consumer Protection Bill 2016 that seeks to replace a 31-year-old archaic law, has provisions to sue a manufacturer for not “giving adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.

Trinamool Congress MP Dinesh Trivedi had paid an advance for a car. Later, he realised that the car dealer had shown him the brochure of a vehicle that was to be launched a year later. But he could not take any action under the existing law. However, as per the new law, he or she can approach the Consumer Forum for being misled.
The Bill proposes an investigative body, the Central Consumer Protection Authority, on the lines of the U.S. Federal Trade Commission"

http://www.thehindu.com/todays-paper...le19590721.ece

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Funny, but which car maker released brochure of a car model a year in advance ? Same way, did any car maker (mainstream) ever accept a booking for a car, one year before actual release date ?

Yes of course given that respected MP is not talking about Bugatti Chiron or such.

Us citizens have been clamouring for some consumer protection laws to be put in place for years now, but with no relief.

All it took now was an inconvenienced politician to set the ball rolling.

Kudos to the powers that be for taking steps to repeal the older Consumer Protection Act of 1986, that was enacted during Shri Rajiv Gandhi's Premiership, with Shri H.K.L. Bhagat as the Union Minister for Consumer Affairs. Though this Act contained to some extent the injustice meted out to consumers as there was no such law in existence then. Consumer Courts follow the Civil Procedure Code, 1908 for the court procedures.

However, going by the news report, there is a factual error by the reporter.

Quote:

Trinamool Congress MP Dinesh Trivedi had paid an advance for a car. Later, he realised that the car dealer had shown him the brochure of a vehicle that was to be launched a year later. But he could not take any action under the existing law. However, as per the new law, he or she can approach the Consumer Forum for being misled.

Shri Dinesh Trivedi, M.P. is an ex -Union Railway Minister and I am dumbstruck that he could be misled by a car dealer, who showed him a "brochure of a vehicle that was to be launched a year later." Anyway, facts are facts. And its good that after the lawmaker was duped, we are getting a brand new Act to protect consumers.

The reporter's claim that Mr Trivedi can use the provisions of the new Act and "However, as per the new law, he or she can approach the Consumer Forum for being misled ", is misconstrued and misleading. Every law or Act has a prospective effect from the date of enactment onwards. So I will doubt the veracity of this statement by the reporter. On the date Mr Trivedi was duped, the Consumer Protection Act 1986 was in vogue.

Quote:

Originally Posted by NaXal (Post 4262392)

Funny, but which car maker released brochure of a car model a year in advance ?

My guess:

1. Next-generation of a model was unveiled internationally. Was definitely going to come here, but couldn't say when. Unscrupulous dealer anyway took a booking on it & promised the customer 'priority delivery' when the vehicle is launched.

2. Car was unveiled at an Auto Expo or similar, but launched much later. It took the EcoSport well over a year to go from the unveil to launch stage in India.

Quote:

Originally Posted by LionX (Post 4261369)

Laws are hardly the main problem. Enforcement of the law is the main problem. Even the existing archaic consumer law is not being enforced. Remember the troubles that Harish had to go to against Skoda. Contrast that to the grand optimism that prevailed when consumer forums were introduced. Even the strictest of laws with best of intentions are muddled in India by bureaucracy. And bureaucracy is not here to protect the common people, it is to shield the ruling class from the common people.