Tag: University of Mumbai BMS Notes

Following Losses are Deductible from Business Income

• Loss of stock-in-trade as a result of enemy action, or arising under similar circumstances.
• Loss of stock-in-trade due to destruction by an act of God.
• Loss arising on account of failure on the part of the assessee to accept delivery of goods.
• Depreciation in funds kept in foreign country for purchase of stock-in-trade.
• Loss due to exchange rate fluctuations of foreign currency held on revenue account.
• Loss arising from sale of securities held in the regular course of business.
• Loss of cash and securities in a banking company on account of dacoity (maybe after banking hours.) Loss incurred on realisation of amount advanced in connection with business.
• Loss of security deposited for the purposes of acquisition of stock-in-trade.
• Loss due to forfeiture of a deposit made by the assessee for properly carrying out of contract for supply of commodities.
• Loss on account of embezzlement by an employee.
• Loss incurred due to theft or burglary in factory premises during or after working hours.
• Loss of precious stones or watches of a dealer while bringing them from business premises to his house.
• Loss arising from negligence or dishonesty of employees.
• Loss incurred on account of insolvency of banker with which current account is maintained by the assessee.
• Loss incurred due to freezing of the stock-in-trade by enemy action.
• Loss incurred by a sugar manufacturing company by foregoing advance made to sugarcane growers who used to sell sugarcane crop exclusively to the company.
• Loss on account of non-recovery of advances given by the assessee-company (engaged in the business of financing its subsidiaries) to its 100 per cent subsidiary company.
• Loss incurred by a holding company which has guaranteed a loan taken by its subsidiary company.
• Loss arising as a result of seizure and confiscation of illegal stock-in-trade is allowable as a business loss against income from illegal business
• Loss arising as a result of rejection of goods by the importer (as goods are unfit for human consumption).

Following Losses are Not Deductible from Business Income

• Loss which is not incidental to trade or profession, carried on by the assessee.
• Loss incurred due to damage, destruction, etc., of capital assets.
• Loss incurred due to sale of shares held as investment.
• Loss of advances made for setting up of a new business which ultimately could not be started.
• Depreciation of funds kept in foreign currency for capital purposes.
• Loss arising from non-recovery of tax paid by an agent on behalf of the non-resident.
• Anticipated future losses.
• Provision made by assessee in respect of non-performing assets.
• Loss relating to any business or profession discontinued before the commencement of previous year.

Expenditures disallowed for TDS default

The Income Tax Act states certain circumstances where if the TDS deductible on payments has not been deducted appropriately, such expenses are expressly disallowed.

The various provisions which relate to disallowance on account of TDS default are as follows:

• Payment (for other than salaries) outside India or to a non-resident or foreign company (for example payments for interest, royalty, technical fee, etc.)

The repercussions under various scenarios of TDS default are given below:

Nature of default	Expenditure deductible in current year	Expenditure deductible in any previous year
Tax is deductible but not deducted	100% of such expenditure is disallowed	If deducted in the subsequent year, expenditure is allowed in the year in which tax is deducted and deposited
Tax is deducted but not deposited before the due date or date of I.T. return	100% of such expenditure is disallowed	If deposited after due date or date of IT return, expenditure is allowed in the year in which tax is deposited

If any amount is paid as salaries to a person outside India or a non-resident without deduction of TDS, the amount so paid is disallowed as expenditure.

• Payment of any sum to a resident with TDS default (including salaries)
• The repercussions under various scenarios of TDS default are given below:

Nature of default	Expenditure deductible in current year	Expenditure deductible in any previous year
Tax is deductible but not deducted	30% of such expenditure is disallowed	If deducted in the subsequent year, expenditure is allowed in the year in which tax is deducted and deposited
Tax is deducted but not deposited before the due date or date of I.T. return	30% of such expenditure is disallowed	If deposited after due date or date of IT return, expenditure is allowed in the year in which tax is deposited

The act also provides for a relief in case of non-deduction of TDS if the below-mentioned clauses are fulfilled.

In a case where TDS is required to be deducted and the same has not been deducted, the assessee can claim a relief and the expenditures will be allowed if:

• The recipient has filed his return of income in time;
• The above payment has been taken into account by the recipient while filing his/her return;
• The recipient has paid taxes appropriately on the declared income;
• A certificate from a Chartered Accountant is obtained and uploaded with the return to this effect.

Expenditures disallowed for Equalization Levy default

In cases where for any particular expenditure (where the equalization levy is required to be deducted) there is a default on account of equalization levy through either of the following channels, the amount of such expenditure is disallowed.

• Non-deduction of equalization levy
• Non-deposit of equalization levy before due-date or filing of IT return

Although, in the subsequent year when the deduction or deposit is so made, the expenditure is thus allowed.

Expenditures disallowed for payment in cash

There are certain transactions where the payment for the services or goods are made by the assesses in cash instead of cheque or bank transfer, etc. In all such cases where the amount of payment exceeds Rs. 20,000, the expenditure is disallowed. The act provides for such payments to be made through an account payee cheque, account payee bank draft or bank transfer and likewise.

Although the section provides for disallowance in case of payments for expenditure in cash beyond Rs. 20,000, there are certain instances where the payment exceeding Rs. 20,000 is allowed in cash and the allowance for such expenditures are given as well. Such list of expenditures is prescribed in Rule 6DD.

An illustrative list is given here as follows:

• Payment to banks, financial institutions, etc.
• Payment to government
• Payment made by book adjustments
• Payment for purchase of agricultural products
• Payment made to cottage industries which are producing without the aid of power
• Payment to a person in a village which is not served by any banks
• Payment of employment terminal benefits (Up to Rs. 50,000)
• Payment of salary after deducting TDS appropriately
• Payment made on a day on which banks are closed
• Payment made by forex dealer

The provision applies in the case where the payment is made to a single person in a single day.

Recently, the income tax department has notified that the limit of all expenses made in cash on a particular day has been reduced to Rs 10,000. The rules provides for such payments made through an account payee bank draft or use of electronic clearing system through a bank account or through such other electronic mode as prescribed under rule 6ABBA and will have effect from the 1st of September 2019.

Here is the list of other electronic modes specified in Rule 6BBA:

• Credit/debit card
• Net banking
• IMPS
• UPI
• RTGS
• NEFT
• BHIM Aadhaar pay

Section 43B is an over-ruling section and anything contained in other provisions of the Income Tax Act should not be applicable to the payments mentioned under this section.

Section 43B states that certain payments should be allowed to be claimed as an expense only in the year in which they have been paid and not in the year in which the liability to pay such sum was incurred. Thus, for the following expenses, accrual concept of accounting should not be followed and only cash basis of accounting should be followed.

However, the provisions of Section 43B shall not apply in relation to any sum which is actually paid by the assessee on or before the due date applicable in his case for furnishing his Income Tax Return under Section 139(1) in respect of the previous year in which liability to pay such sum was incurred by the assessee and the evidence of such payment is furnished along with the income tax return.

Payment of Taxes

Any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called under any law for the time being in force, or

Employer Contribution for benefit of Employee

Any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity find or any other fund for the welfare of the employees

Bonus/ Commission

Any Bonus or Commission payable to the Employees

Interest on any Loan or Borrowing

Any sum payable by the assessee as Interest on any Loan or borrowing from any public financial institution or a State Financial Corporation or a State Industrial Investment Corporation, in accordance with the terms and conditions of the agreement governing such loans of borrowings, or

Interest on any Loan or Advance

Any sum payable by the assessee as Interest on any Loan or Advance from a scheduled bank in accordance with the terms and conditions of the agreement governing such loan or advance

Provision for Leave Encashment

Any sum payable by the assessee as an employer in lieu of any leave to the credit of his employee

Payment made to Railways

With a view to promote prompt payment to Railways, Budget 2016 has amended Section 43B and from Financial Year 2016-17 onwards, the payments made to Railways would be allowed to be claimed as an expense on Payment basis.

Other Relevant Points

For the removal of any doubts, it has been clarified that a deduction of any sum being interest payable under Clause (d) or Clause (e) of this Section, shall be allowed if such interest has been actually paid and any interest referred to in that clause which has been converted into a loan .or borrowing shall not be deemed to have been actually paid.

As per Section 43B

Notwithstanding anything contained in any other provision of this Act*, a deduction Sudame otherwise allowable under this Act in respect of:

a) Any sum payable by the assessee by way of tax, duty, cess or fee, (by whatever name called, under any law for the time being in force);

b) Any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of employees;

c) Any sum payable as bonus or commission to employee for services rendered;

d) Any sum payable by the assessee as interest on any loan or borrowing from any public finan­cial institution or a State financial corporation or a State industrial investment corporation, in accordance with the terms and conditions of the agreement governing such loan or borrowing;

e) Any sum payable by the assessee as interest on any loan or advances from a scheduled bank or (wef A.y 2018-19 from a co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank) in accordance with the terms and conditions of the agreement governing such loan or advanc­es;

f) Any sum payable by the assessee as an employer in lieu of any leave at the credit of his em­ployee.

g) Any sum payable to Indian Railways for the use of railway Assets (wef A.y 2017-18)-Section 43B to include certain payments made to Railways

A sole proprietor business is established, owned, financed and controlled by a single person who is known as sole trader or sole proprietor.

Such a business run by sole trader or sole proprietor is known as sole trade or sole proprietorship.

Advantages of Sole Proprietorship:

Sole proprietorship offers the following pros:

• Easy to Form:

Proprietary concerns can be formed easily and quickly. Very few legal formalities need to be fulfilled. There is no need to go for any registration or enter into an agreement with someone. One can form it and dissolve it quickly.

• Effort-Reward Relationship:

Proprietary ventures give a kick in the belly. You can burn the candle of energies and make money. You take the risk and get rewarded. The effort-reward relationship often excites people to chase creative ideas and turn them into successful ventures.

• Full Control:

The owner has full control over everything. He is answer­able to no one else. He decides everything in the best interests of the business. Right or wrong, he takes charge of the situation.

• Quick Decisions:

Proprietors can put things in order quickly if something goes wrong. If opportunities come his way, he can exploit them readily. He can give a fat discount to a loyal customer on the spot if he feels that such a step brings in additional revenues in future. Small businesses are known for their quick and effective decisions.

• Economical and Efficient Operations:

The owner can put resources to best use. He can take steps to eliminate wastages of all kinds. He can control the cost of running the show.

• Personal Touch:

The owner can bring his skills, knowledge and exper­tise to the table. He can play with his ideas and get them going. He can convert his dreams into concrete realities. He can make things happen. He can use his brilliance to good advantage.

• Keep the Business Simple, Dynamic and Flexible:

The owner can cut everything according to the cloth available. If there is demand, he can increase the scale and reach. If the demand is sluggish he can limit or­ders, reduce stocks and take measures to save every penny. He can run the show in sync with changing customers’ tastes and preferences.

• Keep the Secrets Close to Heart:

The proprietor need not share business secrets with any one. He need not place all his cards on the table at any point of time.

• Society Gains as a Whole:

Small ventures benefit society a lot. Ownership is diffused. If the venture turns successful, it generates employment. Customers get what they want in nearby places.

Disadvantages of Sole Proprietorship:

Sole proprietorship suffers from the following drawbacks or cons:

• Small Size:

By its very nature, proprietary concerns cannot grow big. They have limited means. They cannot expand operations in a big way. As a result, they do not enjoy the economies of scale. Customers, in the final analysis, do not gain from such miniscule concerns in the long run.

• Limited Shelf Life:

You never know when a big Mall will come nearby and kill all small players. Small businesses have limited life spans. They exist for a while and disappear within no time if customers turn into mall rats (shopping always from big malls).

• Lacks Professional Skills and Talent:

The proprietor lacks professional skills, talent and expertise. He has limited knowledge and does not have the ability to gauze competition, changes in fashions and customer tastes and preferences, trends in economy etc. He cannot run the show in a professional way.

• See the Big Picture:

His overall knowledge of market, competition, prod­ucts, tastes of customers, changes in fashions and trends, general trends in economy, danger from global firms etc.—is relatively poor. As a result he might take inappropriate decisions in a hurry, looking at things from a narrow perspective.

• Unlimited Liability:

If the small business owner fails, he has to swallow all losses. The liabilities of a firm might eat away the accumulated wealth of the owner almost instantaneously. The risk of unlimited liability forces many a sole proprietor not to expand operations beyond a point.

• Growth Prospects:

Business cannot go beyond a point for a variety of reasons—limited capital, owner lacks needed skills and competencies required to run the show on a large scale, unlimited liability compels many owners to remain small etc. The proprietary concern, therefore, does not grow to an optimum level and enjoy the economies of scale.

Chartered Accountancy

Chartered accountancy is a profession which works closely with the core of all business whether it is small, medium or big size firm. A professional chartered accountant typically involves in accounting, auditing, tax, and financial planning. This job is highly rewarding and is also considered very challenging. Career opportunities post chartered accountancy are full of excitement.

There are various professional challenges that a person can face while working as a CA. You can see these challenges below:

Have to Work Overtime

During the fiscal year, there come several times when a chartered accountant has to work more than 70 hours a week.

Competitive Job

CA job is very competitive, People who are in this professionals are naturally driven, determined, focused and more intelligent as compared to other jobs. The training and job in this profession are highly competitive and intense.

Handle Pressure Situations

CA job has very responsible tasks and activities, as you have to make sure that each and every detail is up to the mark and when are doing overtime and having strict deadlines, it becomes very difficult to keep your focus.

Never Ending Training

Working in this field always require continuing professional development, so availing training in this profession is a continuous process. So you will have to keep studying throughout your career.

Detail Oriented Job

This job is meant for those professionals who are naturally highly detail-focused for any task.

Hierarchical Career

CA profession is a hierarchical career, here you will have to follow some sets of defined protocols and steps to move in the career hierarchy.

Deadlines in this career are non-negotiable and it is very important to meet the deadlines. So if you like to keep pushing things up to the last second then you are not in the right profession.

Advocate

A lawyer’s profession is meant to be a divine or sacred profession by all means. In every profession, there are certain professional ethics that need to be followed by every person who is into such a profession. But there is the fact that professional misconduct is a common aspect, not only in other professions but also in advocacy also. In simple terms, it means certain acts done by the persons which seem to be unfit for the profession as well as which are against certain ethics in this field. The term has been clearly defined in Black’s Dictionary as, the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, unlawful behavior, improper or wrong behavior. Its synonyms are a misdemeanour, impropriety, mismanagement, offense, but not negligence or carelessness. From the definition, it is now clear that the act of professional misconduct is done purely with an intention of getting unlawful gains. The Advocates Act, 1961 and the Indian Bar Council play a vital role in providing rules and guidelines regarding the working, code of conduct and such other matters concerning lawyers and advocates in India.

The attributes of a profession are:

1. Existence of a body of specialized knowledge or techniques.
2. Formalized method of acquiring training and experience.
3. Establishment of a representative organization with professionalism as its goal.
4. Formation of ethical codes for the guidance of conduct.
5. Charging of fees based on services but with due regards to the priority of service over the desire of monetary rewards.

Misconduct means any acts which are unlawful in nature even though they are not inherently wrongful. Before the Advocates Act, 1961, we had the Legal Practitioners Act, 1879. There is no definition given for the term ‘misconduct’ in the Act, but the term ‘unprofessional conduct’ is being used in the Act. Some of the instances of professional misconduct are as follows:

• Dereliction of duty
• Professional negligence
• Misappropriation
• Changing sides
• Contempt of court and improper behaviour before a Magistrate
• Furnishing false information
• Giving improper advice
• Misleading the clients in court
• Not speaking the truth
• Disowning allegiance to the court
• Moving application without informing that a similar application has been rejected by another authority
• Suggesting to bribe the court officials
• Forcing the prosecution witness not to say the truth.

Advocates Act, 1961

The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as:

A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. The disciplinary committee of the State Bar Council, after being heard of both the parties, may:

1. Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, directs that proceedings be filed;
2. Reprimand the advocate;
3. Suspend the advocate from practice for such a period as it deems fit;
4. Remove the name of an advocate from the state roll of advocates.

Misconduct is of infinite variety; this expression must be understood in a broad meaning, such that it extends the meaning under natural law, and there is no justification for restricting their natural meaning. Section 49 of the Advocate Act empowers the Bar Council of India to frame rules and standards of professional misconduct. Under the Act, no person has a right to make advertisement or soliciting; it is against advocate’s code of ethics. He is also not entitled to any advertisement through circulars, personal communications or interviews, he is not entitled to demand fees for training and to use name/service for unauthorized purposes.

Contempt of Court as Professional misconduct

Contempt of court may be defined as an offense of being disobedient or disrespectful towards the court or its officers in the form of certain behaviour that defies authority, justice, and dignity of the court. In various cases involving contempt of court, the court held that if any advocate or legal practitioner is found guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from practicing as an advocate  (In re Vinay Chandra Mishra). The court also held that license of the advocate to practice a legal profession might be canceled by the Supreme Court or High Court in the exercise of the contempt jurisdiction.

There are many other landmark judgments regarding the cases involving professional misconduct of the advocates. In the case of V.C. Rangadurai v. D.Gopalan, the court looked into the matter of professional misconduct in such a way that the decision was made in a humanitarian manner, considering the future of the accused in this case. The court held that “even so justice has a correctional edge, a socially useful function, especially if the delinquent is too old to be pardoned and too young to be disbarred. Therefore, a curative, not cruel punishment has to be delivered in the social setting of the legal profession”. The court then gave the decision in such a way that it looked at each and every aspect concerning the case as well as the parties concerned. It adopted a deterrent was of justice mechanism so that the accused person is awarded certain punishments but also provided a warning towards such other people who intend to commit acts of a similar nature. The judgment turned out to be a landmark in cases concerning professional misconduct as it delivered an effective judgment and but did not jeopardize the future of the accused person. In various other cases like J.S. Jadhav v. Musthafa Haji Muhammed Yusuf, the court delivered the decision in such a way that it created a notion in the minds of the wrongdoers that offenders will be punished accordingly.

Competition Commission of India (CCI) is the statutory authority established under the Competition Act, 2002 to promote and sustain competition in Indian markets. It plays a vital role in preventing anti-competitive practices, protecting consumer interests, and ensuring freedom of trade. The CCI acts as a watchdog of market competition and works to create a fair and transparent business environment. It investigates anti-competitive agreements, abuse of dominant position, and combinations such as mergers and acquisitions. Through its regulatory and advisory functions, the CCI contributes to economic efficiency, innovation, and consumer welfare. The powers granted to the Commission enable it to effectively enforce competition law and maintain healthy competition across various sectors of the economy.

Competition Commission of India is established under the Competition Act, 2002. It is a statutory body that has the power to govern and enforce the Competition Act including penalties.  It was established when the need for a healthy competitive environment became necessary following liberalisation under the Vajpayee government. 

The Commission is composed of a chairman and a minimum of 2 board members and a maximum of 6 board members. These members are required to have a minimum of 15 years of experience in their respective fields. Its objectives, duties and powers are enumerated in the Competition Act, 2002. Its main duty and object is to ensure that the Indian markets maintain a healthy and fair competitive environment and is granted power to ensure such an environment and penalise any acts adversely affecting its duties.

Composition of Competition Commission of India (CCI):

The CCI comprises of a Chairperson and six Members, who are appointed by the Government of India. The Commission is manned by the following members

• Chairperson
• Member 1
• Member 2
• Member 3
• Member 4

The term of office of all the members of CCI is 5 years or till the attainment of age pf 65 years (whichever is early). The members are eligible for re-appointment.

The Chairperson and other members of CCI cannot hold any further employment for a period of two years from the date they cease to hold office in the Commission. But this restriction does not applies to any employment in the Union and State Government authority.

Objectives of Competition Commission of India (CCI)

• To Promote Fair Competition

The primary objective of the Competition Commission of India (CCI) is to promote and sustain fair competition in the marketplace. Fair competition encourages businesses to improve quality, reduce prices, and introduce innovative products and services. The Commission ensures that enterprises compete on merit rather than through unfair or restrictive practices. Healthy competition creates a level playing field for businesses of all sizes and prevents market distortions. By fostering competitive markets, the CCI contributes to economic efficiency and consumer welfare. This objective helps strengthen the Indian economy and supports long-term business growth and development across various sectors.

• To Prevent Anti-Competitive Practices

Another important objective of the CCI is to prevent anti-competitive agreements and practices that adversely affect market competition. Such practices include price-fixing, bid-rigging, market sharing, production restrictions, and cartelization. These activities reduce competition, increase prices, and limit consumer choices. The Commission investigates and takes action against enterprises engaged in such conduct. By preventing anti-competitive practices, the CCI protects the competitive process and ensures that markets function efficiently. This objective promotes transparency, accountability, and fairness while safeguarding the interests of consumers and businesses operating in competitive markets.

• To Protect Consumer Interests

The CCI aims to protect consumers from the harmful effects of monopolistic and anti-competitive behavior. Consumers benefit when businesses compete by offering better products, services, and prices. The Commission works to ensure that consumers have access to quality goods and services at competitive rates. By eliminating practices that restrict competition, the CCI promotes consumer welfare and market efficiency. Consumer protection remains a central focus of competition law because healthy competition directly benefits customers. This objective helps create confidence in the marketplace and ensures that economic growth translates into tangible benefits for consumers.

• To Prevent Abuse of Dominant Position

The CCI seeks to prevent enterprises with significant market power from abusing their dominant position. Dominance itself is not illegal, but its misuse can harm competition and consumers. Abuse may include unfair pricing, predatory pricing, denial of market access, discriminatory treatment, or restrictions on production and supply. The Commission investigates such conduct and takes corrective action when necessary. This objective protects smaller competitors and prevents dominant firms from exploiting their market power. By ensuring fair competition, the CCI encourages innovation, efficiency, and equal opportunities for all market participants.

• To Regulate Mergers, Acquisitions, and Combinations

The CCI regulates mergers, acquisitions, and amalgamations that may significantly affect competition in the market. Large business combinations can create excessive market concentration and reduce competitive pressure. The Commission reviews proposed combinations to determine whether they are likely to have an appreciable adverse effect on competition. If required, it may approve, modify, or prohibit such transactions. This objective helps maintain competitive market structures while allowing businesses to grow and expand. Effective regulation of combinations protects consumer interests and prevents the emergence of monopolistic market conditions.

• To Ensure Freedom of Trade

The Competition Commission of India aims to ensure freedom of trade throughout the country. Businesses should be able to enter markets, compete fairly, and operate without unnecessary restrictions imposed by dominant enterprises or anti-competitive agreements. Freedom of trade encourages entrepreneurship, innovation, and investment. The Commission works to eliminate barriers that hinder market access and competition. By protecting economic freedom, the CCI contributes to the efficient allocation of resources and the development of competitive industries. This objective supports economic growth and enhances opportunities for businesses and consumers alike.

• To Promote Market Efficiency

The CCI seeks to promote efficient functioning of markets by encouraging competition among enterprises. Competitive markets motivate businesses to reduce costs, improve productivity, and utilize resources effectively. Efficiency leads to lower prices, higher-quality products, and greater innovation. The Commission prevents practices that distort market conditions and hinder economic performance. Through competition enforcement, the CCI helps ensure that resources are allocated according to market demand and consumer preferences. This objective supports sustainable economic development and enhances the overall competitiveness of the Indian economy in domestic and international markets.

• To Encourage Innovation and Economic Growth

A key objective of the CCI is to encourage innovation, technological advancement, and economic growth through competition. Businesses operating in competitive markets are motivated to develop new products, improve services, and adopt efficient technologies to gain a competitive advantage. Innovation benefits consumers by providing better choices and improved quality. The Commission ensures that market structures remain competitive so that innovation can flourish. By fostering a dynamic business environment, the CCI contributes to industrial development, investment, employment generation, and overall economic prosperity. This objective strengthens India’s long-term growth and global competitiveness.

Functions of Competition Commission of India (CCI)

• Preventing Anti-Competitive Agreements

One of the primary functions of the Competition Commission of India (CCI) is to prevent anti-competitive agreements that negatively affect market competition. Such agreements include price-fixing, bid-rigging, market-sharing arrangements, and production restrictions among competitors. These practices reduce competition, increase prices, and limit consumer choices. The CCI investigates complaints and takes action against enterprises involved in such conduct. By eliminating anti-competitive agreements, the Commission ensures fair market practices and protects consumers from exploitation. This function promotes transparency, encourages innovation, and creates a competitive business environment that benefits both consumers and enterprises.

• Preventing Abuse of Dominant Position

The CCI is responsible for preventing enterprises from abusing their dominant market position. A dominant company may misuse its power by imposing unfair prices, restricting production, denying market access to competitors, or engaging in predatory pricing. Such practices harm competition and consumer welfare. The Commission investigates cases of abuse and orders corrective measures when necessary. This function helps maintain a level playing field for businesses and ensures equal opportunities for market participants. By controlling misuse of dominance, the CCI promotes healthy competition, encourages innovation, and protects consumers from unfair business practices.

• Regulating Mergers and Acquisitions

The CCI regulates mergers, acquisitions, and amalgamations that may significantly affect competition in the market. Large business combinations can lead to excessive market concentration and reduce competitive pressure. The Commission examines proposed combinations to determine whether they may cause an appreciable adverse effect on competition. Depending on the findings, it may approve, modify, or prohibit the transaction. This function ensures that corporate restructuring does not create monopolistic conditions. By regulating combinations, the CCI maintains market balance, protects consumer interests, and allows businesses to grow without harming competition or economic efficiency.

• Protecting Consumer Interests

Protecting consumer interests is one of the most important functions of the CCI. Competitive markets provide consumers with better quality products, lower prices, greater innovation, and wider choices. The Commission works to prevent practices that restrict competition and negatively impact consumers. Through effective enforcement of competition law, the CCI ensures that businesses compete fairly and do not exploit consumers. Consumer welfare remains a central objective of competition policy. By promoting competitive markets, the Commission contributes to improved living standards and strengthens public confidence in the economic system and marketplace.

• Conducting Investigations and Inquiries

The CCI conducts investigations and inquiries into alleged violations of the Competition Act, 2002. It may act on complaints filed by consumers, businesses, government authorities, or on its own initiative. The Commission often directs the Director General to gather evidence, examine documents, and prepare investigation reports. These inquiries help determine whether anti-competitive practices, abuse of dominance, or unlawful combinations have occurred. Thorough investigations ensure fairness, transparency, and accuracy in decision-making. This function strengthens enforcement of competition law and helps maintain integrity and accountability in the marketplace.

• Imposing Penalties and Corrective Measures

The Commission has the authority to impose penalties and corrective measures on enterprises that violate competition law. Financial penalties may be imposed on businesses involved in anti-competitive agreements, abuse of dominance, or unlawful combinations. The CCI may also direct enterprises to discontinue harmful practices or modify their business conduct. These measures act as a deterrent against future violations and promote compliance with legal requirements. By enforcing penalties, the Commission ensures accountability and fairness in the marketplace. This function plays a vital role in maintaining competitive market conditions and protecting consumer welfare.

• Promoting Competition Advocacy

Competition advocacy is an important function of the CCI. The Commission promotes awareness of competition law and the benefits of competitive markets through seminars, workshops, publications, training programs, and research activities. It educates businesses, consumers, students, and government officials about competition principles and legal obligations. Competition advocacy encourages voluntary compliance with the law and helps create a culture of fair competition. Increased awareness reduces the likelihood of anti-competitive conduct and supports effective law enforcement. This function contributes to long-term economic development by strengthening understanding of competition policy.

• Advising Government on Competition Matters

The CCI advises the Central Government and State Governments on matters relating to competition policy and market regulation. Government policies and regulations can significantly affect competition in different sectors. The Commission provides expert recommendations to ensure that laws and policies support fair competition and economic efficiency. It examines proposed legislation and regulatory measures from a competition perspective. This advisory role helps policymakers make informed decisions and prevents the introduction of regulations that may unintentionally restrict competition. By influencing policy development, the CCI contributes to a more competitive and efficient economy.

• Creating Awareness About Consumer Welfare

The CCI works to increase public awareness regarding the relationship between competition and consumer welfare. Consumers often benefit from competition through lower prices, improved quality, and greater product choices. The Commission conducts awareness programs and outreach initiatives to educate consumers about their rights and the importance of competitive markets. This function encourages informed consumer decision-making and strengthens public participation in market processes. By highlighting the benefits of competition, the CCI promotes consumer welfare and helps build confidence in the market system. Educated consumers contribute to healthier and more competitive markets.

• Ensuring Freedom of Trade and Market Access

The CCI ensures freedom of trade and market access for enterprises operating in India. It prevents dominant firms and anti-competitive agreements from creating barriers that restrict entry into markets. Free market access encourages entrepreneurship, investment, innovation, and business growth. The Commission works to eliminate practices that hinder competition and prevent new firms from competing effectively. This function supports economic development and promotes equal opportunities for businesses of all sizes. By ensuring freedom of trade, the CCI contributes to efficient market functioning and helps create a dynamic and competitive business environment.

Role of Competition Commission of India (CCI)

• Promoting Fair Competition

The primary role of the CCI is to promote and sustain fair competition in Indian markets. It ensures that businesses compete based on quality, efficiency, innovation, and pricing rather than unfair practices. Fair competition benefits consumers by providing better products and services at competitive prices. The Commission works to eliminate barriers that restrict competition and encourages a level playing field for all enterprises. By fostering healthy market rivalry, the CCI contributes to economic growth, innovation, and consumer welfare. This role is fundamental to achieving the objectives of the Competition Act, 2002.

• Protecting Consumer Interests

The CCI plays a significant role in safeguarding consumer interests by preventing practices that lead to higher prices, reduced quality, or limited choices. Anti-competitive conduct can harm consumers by restricting market competition. The Commission ensures that businesses operate fairly and do not exploit consumers through monopolistic practices. By promoting competitive markets, the CCI helps consumers access a wider range of products and services. Consumer welfare remains one of the central objectives of competition law. Through its actions, the Commission strengthens consumer confidence and contributes to a fair marketplace.

• Preventing Anti-Competitive Practices

The Commission identifies and takes action against anti-competitive agreements and practices that adversely affect competition. These include cartels, price-fixing arrangements, bid-rigging, market allocation, and production restrictions. Such practices distort market conditions and harm consumers as well as competing businesses. The CCI investigates complaints, conducts inquiries, and imposes penalties where necessary. By eliminating anti-competitive behavior, the Commission ensures that markets function efficiently and fairly. This role is essential for maintaining economic efficiency and preventing the concentration of market power in the hands of a few enterprises.

• Regulating Combinations

The CCI regulates mergers, acquisitions, and amalgamations that may significantly affect market competition. Large combinations can create dominant market positions and reduce competition if left unchecked. The Commission reviews proposed combinations to determine whether they are likely to cause an appreciable adverse effect on competition. If necessary, it may approve, modify, or prohibit such transactions. This role helps maintain competitive market structures while allowing legitimate business growth. Through effective regulation of combinations, the CCI ensures that economic expansion does not occur at the expense of competition and consumer welfare.

• Competition Advocacy

The CCI promotes awareness and understanding of competition law through competition advocacy. It conducts seminars, workshops, training programs, and research activities to educate businesses, government agencies, and consumers about the benefits of competition. The Commission also advises policymakers on issues affecting market competition. Competition advocacy encourages voluntary compliance with the law and helps create a competitive culture within the economy. By spreading awareness, the CCI reduces the occurrence of anti-competitive practices and strengthens the effectiveness of competition law enforcement. This role contributes to long-term economic development and market efficiency.

Powers of Competition Commission of India (CCI)

• Power to Inquire into Anti-Competitive Agreements

The CCI has the power to investigate agreements that may adversely affect competition in the market. It can initiate inquiries based on complaints, references from government authorities, or suo motu action. During investigations, the Commission examines evidence, conducts hearings, and evaluates market conditions. If an agreement is found to be anti-competitive, the CCI may order its discontinuation and impose penalties. This power enables the Commission to prevent collusion and protect market competition. It is a critical tool for ensuring that businesses operate fairly and in compliance with competition law.

• Power to Investigate Abuse of Dominant Position

The Commission has the authority to investigate enterprises suspected of abusing a dominant market position. Dominance itself is not prohibited; however, misuse of market power is unlawful. The CCI examines practices such as unfair pricing, discriminatory treatment, predatory pricing, and denial of market access. If abuse is established, the Commission can direct the enterprise to cease such conduct and impose penalties. This power protects smaller competitors and consumers from exploitation. By regulating dominant enterprises, the CCI ensures that market power is not used to distort competition or restrict consumer choice.

• Power to Review Combinations

The CCI has the power to review mergers, acquisitions, and amalgamations that meet prescribed thresholds. Businesses involved in such combinations must notify the Commission before completing the transaction. The CCI assesses whether the proposed combination is likely to have an appreciable adverse effect on competition. Based on its findings, the Commission may approve, modify, or prohibit the transaction. This power helps prevent excessive market concentration and protects competitive market structures. It balances the need for business growth with the objective of maintaining fair competition and consumer welfare.

• Power to Impose Penalties

The Commission possesses the authority to impose penalties on enterprises and individuals who violate the provisions of the Competition Act, 2002. Financial penalties may be substantial and are designed to deter anti-competitive behavior. In addition to monetary fines, the CCI may issue directions requiring businesses to discontinue unlawful practices. Effective penalty provisions enhance compliance with competition law and promote accountability. This power strengthens the enforcement mechanism of the Act and ensures that businesses understand the consequences of violating competition regulations. Penalties serve as an important deterrent against anti-competitive conduct.

• Power to Pass Interim Orders

The CCI can issue interim orders during the course of an investigation when immediate action is necessary to prevent irreparable harm to competition. These temporary orders help maintain the status quo until the final decision is reached. Interim relief is particularly important in cases involving ongoing anti-competitive conduct or abuse of dominance. By acting promptly, the Commission can prevent further damage to consumers, competitors, and market structures. This power enhances the effectiveness of competition law enforcement and ensures timely intervention in urgent situations affecting competition.

• Power to Conduct Investigations through the Director General

The Commission may direct the Director General to investigate matters related to anti-competitive practices, abuse of dominance, or combinations. The Director General collects evidence, examines documents, records statements, and prepares investigation reports for the Commission. This investigative mechanism enables the CCI to make informed decisions based on factual findings. The power to conduct detailed investigations ensures transparency, fairness, and thorough examination of competition-related issues. It strengthens the Commission’s ability to detect violations and enforce the provisions of the Competition Act effectively.

• Power to Issue Orders and Directions

The CCI has the authority to issue orders and directions to enterprises found in violation of competition law. It may direct businesses to discontinue anti-competitive agreements, modify business practices, or take corrective measures. These orders are legally binding and enforceable. The Commission can also recommend structural or behavioral remedies to restore competition in affected markets. This power allows the CCI to address competition concerns effectively and prevent future violations. By issuing appropriate directions, the Commission promotes compliance and protects the integrity of competitive markets.

• Power of Competition Advocacy and Advisory Functions

The Commission possesses advisory powers that enable it to guide government authorities and policymakers on issues affecting competition. It may provide opinions on proposed legislation, regulations, and policies that could influence market competition. Through advocacy activities, the CCI promotes awareness of competition principles among stakeholders. These powers help integrate competition considerations into public policy and regulatory frameworks. By influencing policy development and encouraging competitive practices, the Commission contributes to a business environment that supports innovation, efficiency, and economic growth.

Regulation of Combination

The term combination has a broad definition under the ACT, it includes

• Any acquisition of shares,
• Voting rights,
• Control of assets
•  Party to merger or amalgamation of enterprises

Any person/enterprise shall not enter into a combination which is likely to have an adverse effect on the competition and such a combination will be void.

If any person/enterprise proposes to enter into a combination he shall intimate the Competition Commission of India within 30 days of:

• Approval of the proposal relating to mergers and amalgamation by the BOD of the enterprises involved in the process.
• Execution of any agreement pertaining to acquiring of control.

Business Perspective

Business Operations in India necessitates the knowledge of the various laws and regulations and also the implementation of the same. Competition in the market is a huge challenge which needs to be dealt with carefully. It is essential for the businesses to realize that although competition brings prosperity, thriving and striving shall be a continuous process. 

The various matters to be kept in mind by the business houses are:

• The markets are susceptible to formation of cartels which pose a risk of formation of monopolies. The awareness of the fact that such associations are not permitted under the Competition Act 2002 is essential.
• When discussions are made with competitors documentation of the same should be done.
• Any meetings wherein any matter is being discussed, which shall raise issues under the competition law shall be avoided.
• It is advisable to avoid discussions pertaining to price and the actual cost to the company.
• Appointment of an Ombudsman for advise on the Competition Law so as to prevent any legal issues may be done.
• Communication aspects although seem trivial may leave an impact when it comes to abuse of dominant position issues. Any statements made shall be weighed carefully.

The Competition Act 2002 is a comprehensive law and the intent of the legislation is 

To promote fair competition, catch up with the global economy, safeguard the interest of the consumers and ensure a stable market for India.

Objectives

1. To promote healthy competition in the market.
2. To prevent those practices which are having adverse effect on competition.
3. To protect the interests of concerns in a suitable manner.
4. To ensure freedom of trade in Indian markets.
5. To prevent abuses of dominant position in the market actively.
6. Regulating the operation and activities of combinations (acquisitions, mergers and amalgamation).
7. Creating awareness and imparting training about the competition Act.

Important features of the competition Act:

1. Competition Act is a very compact and smaller legislation which includes only 66 sections.
2. Competition commission of India (CCI) is constituted under the Act.
3. This Act restricts agreements having adverse effect on competition in India.
4. This Act suitably regulates acquisitions, mergers and amalgamation of enterprises.
5. Under the purview of this Act, the central Government appointed director General for conducting detail investigation of anti-competition agreements for arresting CCI.
6. This Act is flexible enough to change its provisions as per needs.
7. Civil courts do not have any jurisdiction to entertain any suit which is within the purview of this Act.
8. This Act possesses penalty provision.
9. Competition Act has replaced MRTP Act.
10. Under this Act, “Competition Fund” has been created.

Competition Act, 2002 is an act that is provisioned keeping in view the economic development of the country and establishes a commission to prevent the practices which have adverse effect on the competition to promote and sustain competition in the Indian market. Also, it is established to protect the interests of consumers and to ensure the freedom of trade that is carried on by the various participants in the Indian market. It successfully replaced the Monopolies and Restrictive Trade Tactics Act, 196 and came into effect on 1st Sept 2009.

In cases where the compliance of Competition Act is breached, the Commission have various reforms to levy a penalty of such an entity. Let’s see various scenarios under Competition Act, 2002 where the Commission can levy a penalty of a business entity or person.

Following are the penalties under Competition Act, 2002:

Commission can whole sole setup an enquiry to see and judge the compliance of various orders under Competition Act 2002, by a business entity. In case the person or entity fails to comply with the orders and/or directions set up under the Competition Act 2002, he is liable to be punished with a monetary fine which could extend up to one lakh rupees for each day of non-compliance. However, this penalty cannot be more than ten crore rupees at single instance. This is especially applicable towards sections 27, 28, 31, 32, 33, 42A and 43A of the Competition Act 2002.

In case the person breaches the orders and directions of the Competition Act 2002 under sub section (2) of Section 42, then he shall be punished with an imprisonment for a term which may extend up to three years and /or with a monetary penalty of twenty-five crores as the Chief Metropolitan Magistrate of Delhi may deems fit.

However, a person or entity under this Act is empowered to make an application to Appellate Tribunal about recovery of compensation for any loss or damage that have been done due to such a non-compliance by another person or entity. And the Commission then can either approve, sanction or exempt the non-compliant company in this relation and order them to fulfill the losses.

Penalty for failure to comply with the directions of commission and Director General:

In any case if a person or entity fails to comply with the direction given by the Commission under the sub-section 2) and 4) of section 36 or the directions given by the Director General while exercising the powers referred to in sub section 2) of section 41, and that too without any reasonable cause, then such a person will be punishable and shall have to fulfill a fine which could extend up to the sum of one lakh rupees for each dayof non-compliance. However, this sum of penalty could not exceed one crore rupees.

Penalty for non-furnishing of Information on combinations:

In case any person or entity fails to give notice to the Commission under sub-section (2) of section 6, then such a Commission shall be imposed by a penalty which may extend up to one percent of the total turnover of the assets of such a combination.

Penalty for making false statement or omission to furnish the material information:

In case a person or a party makes statement which is false in any material or they know that they are furnishing a false material and/or omits to submit the material towards compliance of the Competition Act 2002, then such a person is liable to a penalty of not less than fifty lakh rupees and it may extend maximum to one crore rupees as may be determined by the Commission.

Penalty for the offences in relation to furnishing the information:

In case a person who is required to furnish an information under the Competition Act 2002 in form of any or documents or any other kind and makes a statement which he knows is falls and/or omits some of the material information, or willfully alter them or try to suppress or destroy any such document then such a person is liable to be punished with a monetary fine which may extend up to one crore rupees.

Till the 1960s, India was plagued with cases of black marketeering, hoarding, inadequate weighing and food adulteration. These were problems that affected the well-being of the consumer and amount to consumer exploitation.

The consumer movement began in the 1960s and gained momentum in the 1970s. Consumer dissatisfaction started to be demonstrated through the written word and in articles and newspapers.

The level of dissatisfaction with sellers and manufacturers and their practices resulted in consumers raising their voice. Resultantly, the government decided to give recognition to consumer protection by enacting the Consumer Protection Act on 24th December 1986. The Act was aimed at protecting the rights of the consumers and ensuring free trade in the market, competition and accurate information to be available. This day is now observed as National Consumers’ Day.

A consumer is an important participant in the market. In case of consumer exploitation, the rights of the consumer must be protected. There are six consumer rights as mentioned in the regulatory Consumer Protection Act of 1986.

Consumer Rights

There are six broad consumer rights defined as per the Consumer Protection Act, 1986. These are:

Right to Safety

The Consumer Protection Act defines this right as a protection against goods and services that are ‘hazardous to life and property’. This particularly applies to medicines, pharmaceuticals, foodstuffs, and automobiles. The right requires all such products of critical nature to life and property to be carefully tested and validated before being marketed to the consumer.

Right to Information

This right mentions the need for consumers to be informed about the quality and quantity of goods being sold. They must be informed about the price of the product and have access to other information specific to the product that they wish to consume.

Right to Choose

The consumer must have the right to choose between different products at competitive prices. Thus, the concept of a competitive market where many sellers sell similar products must be established to ensure that the consumer can actually choose what to consume and in what quantity. This is to avoid monopoly in the market.

Right to Seek Redressal

When a consumer feels exploited, he/she has the right to approach a consumer court to file a complaint. A consumer court is a forum that hears the complaint and provides justice to the party that has been hurt. Thus, if the consumer feels he/she has been exploited, they can approach the court using this right.

Right to be Heard

The purpose of this right is to ensure that the consumer gets due recognition in consumer courts or redressal forums. Basically, when a consumer feels exploited, he has the right to approach a consumer court to voice his complaint. This right gives him/her due respect that his/her complaint will be duly heard. The right empowers consumers to fearlessly voice their concerns and seek justice in case they are exploited.

Right to Consumer Education

Consumers must be aware of their rights and must have access to enough information while making consumption decisions. Such information can help them to choose what to purchase, how much to purchase and at what price. Many consumers in India are not even aware that they are protected by the Act. Unless they know, they cannot seek justice when they are actually hurt or exploited.

Consumer Protection Councils:

The Act provides for setting up a Central Consumer Protection Council by the Central Government and State Consumer Councils by each state of India. The Central Consumer Protection Council shall consist of (1) the Minister in Charge of Consumer Affairs in the Central Government who shall be its chairman and such number of other official or non-official members representing such interests as prescribed.

It is required by the Act that Central Consumer Protection Council will meet as and when necessary. However, at least one meeting of the Central Council must be held every year. The objects of the council are to protect the rights of consumers and promote their interest as listed above from (a) to (f).

The State Consumer Councils to protect consumer rights as per amendment in the Act in 1993 will consist of (1) the Minister in Charge of Consumer Affairs in the State Government concerned and members of other officials and non-officials representing such interests as may be prescribed by the State Governments. As in the case of the Central Council, the objects of State Councils will be to protect the rights of consumers as listed above from (a) to (f) within the State.

Consumer Disputes Redressal System:

Under the Consumer Protection Act 1986 three-tier consumer disputes redressal system at the District, State and National levels has been set up.

Thus the Act provides for establishing the following consumer redressal agencies:

1. District Consumer Forum in each district of a state set up by the State Government.
2. State Consumer Commission in each state set up by each State.
3. National Consumer Commission set up by the Central Government.

Composition of Consumer Redressal Agencies:

According to Consumer Protection Act 1986 each District Consumer Forum set up in each district of a State shall consist of a person who is or has been or is qualified to be a district judge. This person will work as president of the district consumer forum.

Two eminent members who have adequate knowledge and experience and have the ability in dealing with problems concerning law, commerce, economics, accountancy, industry, public affairs or administration and one of whom shall be a lady member, especially who is a social worker.

A District Forum has the jurisdiction to deal with the complaints where the value of good or service and the compensation claimed, if any, does not exceed Rs. 20 lakh (as per amendment in the Act in 2002). A complaint by consumers will be filed in a District Forum in case when the opposite party or each of the opposite party if there are more than one resides or carries on business within the district concerned at the time of filing the complaint or any one of the party (if there are more than one) residing or carrying on business in the district at the time of the filing of the complaint if the district forum grants permission for this.

The State Consumer Commission shall consist of:

(1) A person who is or has been a judge of a high court appointed by the State Government,

(2) Two other members of high standing and eminence who have adequate knowledge or experience concerning the problems relating to law, commerce, economics, industry, public administration etc. one of whom shall be a woman.

The State Consumer Commission as per the amendment of the Act in 2002 shall have the jurisdiction to entertain complaints where the value of goods or services and compensation claimed if any exceeds Rs. 20 lakh but is not more than Rs. 1 crore.

The State Consumer Commission will also entertain appeals against the orders of District Forums within the State. Besides, the State Consumer Commissions have been authorized to call for the records and give appropriate orders in case of any consumer dispute pending before the District Forum within the State or has been decided by it if the State Commission finds that a District Forum has exercised a power not vested in it by the Act or has failed to exercise a power or jurisdiction vested in it or acted illegally in exercise of its powers.

The National Consumer Commission will consist of:

(a) A person who is or has been a judge of the Supreme Court and is appointed by the Central Government in consultation with Chief Justice of India. He will also work as president of the national commission,

(b) Four other members of eminence having good knowledge or experience and ability to deal with the problems relating to commerce, economics, law, industry, public affairs or administration and one of whom shall be a woman.

National Consumer Commission has the jurisdiction:

(1) To entertain complaints where the value of goods or services and compensation claimed if any is, according to Amendment Act 2002, one crore or more;

(2) National Commission is authorized to hear appeals against the order of any State Consumer Commission;

(3) The Central Commission has the right to call for the records from the State Commissions.

It is important to note that all forums, commissions appointed under the Consumer Protection Act are in substantial matters not different from the ordinary civil courts. They are quasi-judicial tribunals created to render speedy justice

Remedial Action:

It may be noted that a complaint to a redressal agency may be filed by:

(a) An individual, consumer;

(b) Recognized consumer association,

(c) More than one consumers who have the same interest; and

(d) The State or Central Government. The complaint to a redressal agency must be in relation to goods sold or delivered or service provided to the complainant.

If the redressal agency is convinced that any of the allegations in the complaint filed before it is true, it shall issue an appropriate order to the opposite party.

This order may be any of the following types:

1. To remove the defect if found to be true by the appropriate laboratory from the good in question;
2. To replace the defective goods with the new goods of the same type free from the defects;
3. To return to the complainant price of the defective good or charges paid by him;
4. To pay the compensation to the complainant as may be decided by the redressal agency for the loss suffered by him;
5. To remove the defects or deficiencies in the service rendered to the individuals;
6. To stop the unfair or restrictive trade practice or give undertaking not to repeat in future;
7. Not to supply hazardous goods;
8. To withdraw the hazardous goods being offered for sale; and
9. To give adequate costs to the parties in question.

Penalties:

The Consumer Commissions are authorized to impose penalties on trader or person against whom complaint is made if he fails to comply with the order of the redressal agency. The penalty or punishment may involve imprisonment for a period not more than 3 years or a fine of not more than 10 thousand rupees or both.

The Consumer Protection Amendment Act 2002:

The Consumer Protection Act 1986 held great hopes for the helpless consumers who have been denied fair deal by the unscrupulous producers or traders. In the implementation of Consumer Protection Act 1986 some deficiencies in the Act were noticed. Therefore, some important amendments were made in the Act by Consumer Amendment Act 2002. With this amendment all the redressal agencies (District Forums, State Consumer Commissions and Central Consumer Commission) have been given the powers of a judicial magistrate of a first class for trial of offences within their jurisdiction, subject of course to the right of appeal from a lower redressal agency to a higher one.

The important changes made by the Consumer Protection Amendment Act 2002 are the following:

1. Both MRTP Act and Consumer Protection Act deal with unfair and restrictive trade practices. Amendment made in Consumer Protection Act in 2002 has clarified that the expression ‘restrictive trade practices’ will also include delay in supply of goods or services and rise in prices in the mean time.
2. Provisions regarding unfair trade practices have been made more stringent. It is now provided that if the representations contained in an advertisement for the sale or supply of a good or service are misleading, the advertiser can be held responsible for taking corrective steps at his own cost apart from other obligations.
3. The District Forums would be able to deal with cases involving the payment of compensation of Rs. 20 lakhs against the pre-existing Rs. 5 lakhs. Similarly, the State Consumer Commissions can now deal with cases involving compensation up to Rs. 1 crore while National Consumer Commission can deal with cases involving compensation of Rs. 1 crore or more instead of pre-existing Rs. 25 lakhs.
4. In the event of the death of the complainant, amendment in the Act in 2002 now provides for substitution of his legal representatives. Surviving legal representatives can file a complaint or get substitution in place of the existing one.
5. In regard to goods hazardous to life or safety of the public, traders supplying goods will be liable if it can be proved that the supplier could have known with due care that the goods or services supplied were hazardous to the public. Besides, liability of suppliers of spurious products and services is made clear in the Amendment Act 2002.
6. An important amendment relates to the meaning of expression ‘manufacturing’. Manufacturing has now been defined to include merely assembling parts of goods made by others or putting one s own mark on any good manufactured by others.
7. Amendment Act 2002 makes the restrictive trade practices more stringent by including under it trade practice which tends to the manipulation of price or the conditions of delivery of goods or affect the flow of supplies of goods in the market in a manner that imposes undue costs or restrictions on the consumers. Restrictive trade practice also includes delay in the delivery of goods beyond the period agreed to by the traders or delay in providing services when such delay is likely to lead to rise in their prices.
8. According to an important provision in the 2002 Amendment Act, in trading or commerce of goods or services misleading or deceptive conduct of traders or suppliers would be treated as unfair trade practice. Those who make misleading or false representation luring consumers to buy goods or services would fall within unfair trade practice and would be held liable. Under the Consumer Protection Amendment Act 2002 the consumers who are lured to enter into such a contract would be entitled to get the damages.

Similarly, Amendment Act 2002 also covers the unfair treatment to the consumers who have suffered by being lured in the schemes offering gifts, concessional prices or some items free of charge depending on the official results of a particular scheme. This amendment provides remedy to the consumers who might be unfairly treated in such schemes by requiring the promoter to disclose proper information regarding the results of a scheme by appropriate timely publication of results in newspapers, etc.

Proposed Amendments in Consumer Act, 2010:

The Cabinet has given clearance to the proposed amendments to the Consumer Protection Act which is likely to be passed by the parliament in winter session of 2010. These amendments seek to make the consumer protection law more responsive to consumer complaints through quicker disposal of cases. The proposed amendments have widened the scope of the law, specified time limit for quicker disposal of cases and rationalized qualifications for appointment of members of consumer forums at the state and national level.

Evaluation of Consumer Protection Act:

Consumer Protection Act with amendments made in it in 2002 is a quite comprehensive piece of legislation that seeks to protect the consumers against unfair and exploitative practices of manufacturers. Consumer awareness in India is now fast growing. As a result, the number of complaints by the end of 2002 before District Forums had been about 14 lakhs, that before State Commissions 2 lakhs and that before National Commission about 21,000 all of which amount to the total of about 162,100.

It is important to note that Consumer Protection Act is additional law protecting consumers but not a derogation of any other laws which protect consumers. Services or goods provided by those dealing in information technology, electronic commerce (E-Commerce) are also liable under the Consumer Protection Act apart from the Act governing Telecommunication Regulatory Authority of India (TRAI) which regulates not only transactions between competing providers of telecommunication services but also regulate them to protect consumer interests.

Similarly, the Consumer Protection Act is in addition to MRTP Act which also tries to protect the interests of consumers by controlling monopolistic and restrictive trade practices. According to G.L. Sanghi, “The tribunals created under the Consumer Protection Act are in substantial matters not different from the ordinary civil courts. They are quasi-judicial tribunals created to render inexpensive and speedy justice. They provide additional remedies through the newly created forums”.

A Comprehensive Act:

The Consumer Protection Act is quite a comprehensive legislation. Under the Consumer Protection Act not only manufacturers and suppliers of goods but also of such services as insurance providers, medical treatment, lending and recovery of bank loans also come within the purview of the Act. A few such important cases are worth explaining.

Consumer Protection Act and Medical Practitioners:

The applicability of Consumer Protection Act to medical practitioners is a highly complicated issue and the case relating to it went even up to the Supreme Court of India. In defence of medical practitioners it was argued that their services are excluded category being services under “Control of Personal Services”. Supreme Court rejected these arguments and brought medical practitioners, hospitals and nursing homes where services are rendered for valuable consideration under the purview of Consumer Protection Act.

Doctors and hospitals committing medical negligence have therefore become liable and damages for medical negligence can be claimed from them. Though this has created fear and concern among medical practitioners and private hospitals but this will help in preventing medical negligence on the part of doctors and hospitals.

It has been widely reported in the media about medical negligence, for example, of operating a wrong eye, removing a kidney of a person without his consent, leaving screw, scissors and a towel in the abdomen of a patient, giving a wrong injection leading to the death of a patient. For all these acts of negligence compensation can be claimed from doctors and hospitals and also penalties can be imposed on them.

In an important case Supreme Court held that a medical practitioner may be liable if there was a negligence in respect of diagnosis and/or treatment given to a patient provided it can be demonstrated that the negligent act was not based on reasonable and responsible information as to the kind and quality of treatment.

Insurance Companies and Consumer Protection Act:

One of the important categories where Consumer Protection Act has been usefully applied is the claims against insurance companies. Many insurance companies (including public sector insurance companies) often deny medi-claims to the insurers on one pretext or the other.

Generally insurance companies deny claims for damages to the insurers that they did not disclose the pre-existing disease they were suffering from at the time of getting insured. In many cases consumer commissions have rejected the arguments of insurance companies and have awarded damages to the insurers and require insurance companies to fulfill their contractual obligations.

In a recent case of accident claim the United India Insurance Company denied to pay the damages on a car which met with an accident on the ground that it was being plied without the ‘fitness certificate’ as required under the Motor Vehicles Act. In this case in Nov. 2007, National Consumer

Commission held that the insurance companies, if the terms of the policy were not breached, cannot refuse to entertain claims on the pretext that the insured violated some other laws or conditions “as the insurance is a matter of contract between the two parties.”

Recovery of Bank Loans and Consumer Protection Act:

The wide applicability of Consumer Protection Act can be understood from the recent judgment of the State Consumer Commission of Delhi which slapped a fine of Rs. 55 lakhs on ICICI Bank for trying to recover a vehicle loan by hiring musclemen. The goons of recovery agent of the bank forcibly dragged out a youth from the car, beat him up with iron rods and left him bleeding and drove away with the vehicle. Justice J.D. Kapoor, president of the commission, said, “We hold ICICI Bank guilty of the grossest kind of deficiency in service and unfair trade practice for breach of terms of contract of hire-purchase/loan agreement by seizing the vehicle illegally.”

Conclusion:

In view of the above usefulness and wide applicability of Consumer Protection Act, Mr. G.L. Sanghi is right in concluding, “In each and every area involving sale of goods and services for valuable consideration a consumer stands protected. The polarity of this law is unlimited. Its machinery is effective and awesome to the delinquent trader with solace to the consumer. As experience grows further improvements will un-doubtetedly make this remedy more and more useful”.