Context:
Supreme Court recently held that advocates are not liable under Consumer Protection Act (CPA) for deficiency of services
Highlights:
- SC overruled National Consumer Disputes Redressal Commission (2007) judgment which ruled services rendered by lawyers are covered under CPA 1986 (re-enacted in 2019).
- Professionals have to be treated differently from persons carrying out business and trade and are not under the purview of the CPA.
- The bench also requested CJI to revisit Indian Medical Association v VP Shantha (1995) judgment which held that doctors and medical professionals can be held liable under the CPA.
CPA 1986:
- Enacted to provide for better protection of the interests of consumers and establishment of consumer protection councils for the settlement of consumer disputes, etc.
- CPA 2019 replaced the CPA 1986 and strengthened the provisions for consumer protection.
| Provisions | Consumer Protection Act 1986 | Consumer Protection Act 2019 |
| Regulator | No separate regulator | Central Consumer Protection Authority to be formed |
| Consumer Court | Complaint would be filed in a consumer court where the seller’s office is located | Complaint can be filed also in a consumer court where the complainant resides or works |
| Product Liability | No provision. Consumer could approach a civil court, but not consumer court | Consumer can seek compensation for harm caused by a product or service |
| Pecuniary Jurisdiction | District: upto Rs 20 lakh State: Rs 20 lakh to 1 crore National: Above 1 crore | District: upto Rs 1 crore State: Rs 1 crore to 10 crores National: Above 10 crores |
| E-commerce | No provision | All rules of direct selling extended to e-commerce |
| Mediation cells | No legal provision | Court can refer settlement through mediation |
Source: The Indian Express
Previous Year Question
Consider the following items:
1. Cereal grains hulled
2. Chicken eggs cooked
3. Fish processed and canned
4. Newspapers containing advertising material
Which of the above items is/are exempted under GST (Good and Services Tax)?
[UPSC Civil Services Exam – 2018 Prelims]
(a) 1 only
(b) 2 and 3 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
Answer: (c)
Explanation:
Fish, crustaceans & other aquatic invertebrates in processed, cured or frozen state are taxable at 5% rate under GST.
