Unit V: Consumer Protection Act
Consumer Protection Act, 2019 (India)
The Consumer Protection Act, 2019 came into effect on 20th July 2020, replacing the earlier Act of 1986. It aims to protect the interests of consumers and provides an efficient mechanism for grievance redressal.
Definitions under the Consumer Protection Act, 2019
Aims and Objectives of the Consumer Protection Act
Example: The Act makes it mandatory to display MRP on packaged goods to avoid overcharging.
Consumer Protection Councils
There are three levels of councils that promote and protect consumer rights:
Example: These councils may organize awareness camps or workshops in schools and rural areas.
Consumer Disputes Redressal Agencies
There are three-tier quasi-judicial bodies to handle complaints based on the value of goods/services involved:
Example: If a consumer buys a car worth ₹18 lakhs and it has defects, they can approach the State Commission.
Penalties for Violation
The Act provides strict penalties for misleading advertisements, unsafe goods, and unfair trade practices.
Example: A health supplement falsely claiming to cure diabetes may
attract a penalty under this Act.
📌 Conclusion
The Consumer Protection Act, 2019 is a powerful tool to:
- Safeguard consumer interests,
- Promote fair business practices, and
- Provide quick and effective redressal.
Information Technology Act, 2000
The IT Act, 2000 is the primary law in India that deals with cybercrime and
electronic commerce. It was enacted to provide legal recognition to
electronic transactions and facilitate electronic governance.
Definition of the IT Act
The Information Technology Act, 2000 provides:
- Legal recognition for electronic documents and digital signatures.
- Provisions to tackle cybercrime such as hacking, identity theft, and phishing.
- Guidelines for secure electronic communication and data protection.
🔸 Example: You can now sign a contract online using a digital
signature instead of printing and signing it manually. The IT Act gives
this legal validity.
Digital Signature
A Digital Signature is an electronic method of signing a document to
verify:
- The authenticity of the sender, and
- That the data hasn’t been altered.
🔹 Key Features
- Unique to the signer.
- Created using asymmetric cryptography (private and public keys).
- Issued by a Certifying Authority (CA) like e-Mudhra, NIC, etc.
Example: When a company files its income tax return online, it uses
a digital signature to verify the documents are genuine.
Electronic Governance (E-Governance)
E-Governance refers to the use of electronic means for delivery of
government services and exchange of information.
🔹 Provisions in the IT Act
- Recognition of electronic records and digital signatures.
- Filing of applications, forms, and licenses online.
- Government departments can issue and accept documents electronically.
🔹 Benefits
- Faster delivery of services
- Transparency and accountability
- Cost-effective administration
Example: Applying for a PAN card or passport online through
government portals is part of e-Governance.
Attribution of Electronic Records
- Attribution refers to the process of determining the origin or sender of an electronic record.
- According to Section 11 of the IT Act: An electronic record is attributed to the originator:
- If it was sent by the originator themselves,
- By someone authorized by the originator,
- Or by an information system programmed by or on behalf of the originator.
Example: If a company’s automated system sends an acknowledgment
email to a customer, the email is legally attributed to the company.
📝 Summary Table
Acknowledgment and Dispatch of Electronic Records
This relates to how an electronic message (email, file, etc.) is received
and responded to in the digital space.
🔸 Key Provisions
- Acknowledgment means confirmation of receipt (can be automatic or manual).
- The dispatch is complete when the message leaves the sender’s system.
- The receipt is complete when it enters the receiver’s system and can be retrieved.
Example: If a customer submits an online form and receives an
automatic reply, that counts as an acknowledgment under this Act.
Secure Electronic Records and Secure Digital Signatures
🔹 Secure Electronic Record
- An electronic record is secure if it is:
- Generated, stored, and transmitted using secure methods, and
- Unaffected by unauthorized access or modification.
🔹 Secure Digital Signature
- A digital signature is considered secure if:
- It is created using a secure cryptographic system,
- It can be verified through a valid certificate.
Example: E-filing of government documents uses secure digital
signatures and is encrypted to ensure authenticity.
Regulation of Certifying Authorities
🔹 Certifying Authority (CA):
A CA is a body authorized to issue digital signature certificates (DSC).
🔸 Powers & Duties
- Licensed by the Controller of Certifying Authorities (CCA).
- Must follow rules regarding certificate issuance, suspension, and revocation.
- Ensure security and integrity in the process.
Example: e-Mudhra and Sify are examples of Certifying Authorities in
India.
Digital Signature Certificates (DSC)
🔹 What is a DSC?
It is an electronic document issued by a Certifying Authority that links the
identity of a person to their digital signature.
🔸 Contents of DSC
- Name and public key of the subscriber
- Certificate serial number
- Validity period
- Name of issuing authority.
Duties of Subscribers
Subscribers are individuals or organizations to whom a DSC is issued.
🔸 Key Responsibilities
- Keep the private key confidential.
- Immediately report to the CA if the private key is lost or compromised.
- Use the digital signature only for authorized purposes.
Example: If a company executive's DSC is stolen, they must inform the
CA to prevent misuse.
Penalties and Offences
The IT Act includes civil and criminal penalties for various cyber offences.
Example: If someone hacks into a bank’s system and steals data, they can be imprisoned and heavily fined under the Act.
📌 Summary Table
