Indian Institute of Management Rohtak

Course Outline

Course Title : Consumer Protection Law-I

Credits : 1.5 (30 Sessions)
Type : Compulsory
Session Duration : 75 minutes
Term : III
Year : 2021-2022
Faculty : Dr C.L.Bansal
________________________________________________________________________

INTRODUCTION

World has moved beyond the rule of holding the buyers responsible for making bad choices while
purchasing goods. In the era of consumerism, the focus has shifted to protecting the consumers from
various commercial malpractices adopted by manufacturers, traders, and service providers. Towards that
end, India has enacted a specific consumer protection legislation besides setting up formal consumer
grievance redressal agencies for resolving seller-buyer disputes. But with the emergence of Digital Age
leading to large number of transactions being through e-platforms, incorporation of relevant legislative
changes has become essential. Consequently, the existing 1986 consumer legislation has been replaced
with the Consumer Protection Act, 2019. Despite that the consumers can approach consumer grievance
redressal bodies through e-filing, the field has a vast scope of practice in view of various legal intricacies
necessitating formal study of the subject as a part of the law curriculum.
COURSE OBJECTIVES:

To provide students with conceptual background of emergence of consumerism and the significance of
protecting interests of consumers against exploitation by unscrupulous traders through unfair contracts,
unfair and restrictive trade practices, deficiencies in services of various types, product liability of
manufacturers, sellers and service providers.

To identify various legal issues concerning different areas of consumer dispute redressal practice.

Filing of consumer complaints before various categories of Consumer Commissions and various legal
issues connected with pursuit of remedies.

LEARNING OUTCOMES

Students will have a comprehensive understanding about the existing law on consumer protection in
India.

Students will be made conversant with major judgments bearing on different aspects of issues concerning
various categories of Consumer Disputes.
 Students will become aware of the basic Legal procedures employed in handling consumer disputes
besides emergent issues having a bearing on the subject.

PEDAGOGY

The pedagogy would be a mix of Lectures linked with PPTs, Discussion, Case Studies, Group
Assignments, Group Presentations, Quizzes, Mid-Term and End-term Examination.

EVALUATION SCHEME
Quizzes 20 %
Group Assignment / Group Presentation 20%
Mid Term Exam 30 %
End term Exam 30 %

TEXTBOOK: BARE ACT ON CONSUMER PROTECTION ACT 2019, Ministry of Law & Justice

SESSION PLAN:

Tentative
Session(s) Topic(s) Addl. Activities,
Date
Consumerism: Concept, Psychological Aspects of
Consumerism, stages in the Evolution of
Consumerism: age of frugality, Exploration and
1 Industrial Revolution; Imperialism, Colonialism &
Capitalism, Redrawing the Colonial Map,
Decolonization,

Theories of Consumer Protection: Expectation Theory,

Theory of Individual Pluralism, Theory of Paternalism, and
2 Commercial Nuisance Theory; Inequality of Negotiation
Power theory.

Consumer Movement: Common Approaches to

3 Consumer Protection,

Agencies for Consumer Protection: Government

Agencies: Statutory/non-statutory Standards Bodies,
Ombudsman, Professional and Industrial Associations,
4
Consumer Associations, and Industry Self-
Regulation.

5 Customers v. Consumers: All Customers are not consumers;

Caveat emptor v. Caveat Venditor; [Ahmedabad Municipal
Corporation v Haji Abdul Gafur Haji Hussenbhai 1971 AIR
1201 SC];;
6 Exceptions to Doctrine of Caveat Emptor
Customers’ Remedies under the Sale of Goods Act,
7. 1930; Difference between Sale of Goods Act &
Consumer Protection Act 2019;
Conditions & Warranties under Sale of Goods Act
1930; Comparison between Conditions & Warranties;
8 Various Conditions & Warranties in a Contract of
Sale.

Consumer Protection Act 1986 and Consumer

Protection Act 2019, Features of 2019 Act, Objectives
9 of Consumer Protection Act, 2019, Rights of
Consumers.

Definitions of Various terms like Consumer, Person,

10 Ingredients of Consumer; Types of Goods, Purchase for
Consideration and Case Study thereon i.e., National
Insurance Co Ltd v. Seema Malhotra 2001 SC.
Purpose of Purchase of Goods; Beneficiary using goods
11 with approval of buyer to be a consumer [K Appala
Narsamma v LIC of India 2012].

Exceptions to Consumer; Scope of Purchase for

Commercial Purpose, Buyer of Goods for self-Employment
[Nandan Bipmetrics Ltd v. Ambica Devi 2010]; Buyer of
12 Goods under Warranty though for Commercial Purpose
[Vijai Prakash Goyal v. Network Ltd. 2005 (NC); and JK
Puri Engineers v Mohan Breweries & Distilleries Ltd.

Concept of Service; Difference between Contract for

13 Service and Contract of service [Indian Medical Association
v V.V. P.Santha (1995), SC].

Medical Negligence, Concept [Kusum Sharma & Ors v

14 Batra Hospital and Medical Research 2010 SC, Canara
Bank v. United India Insurance Co Ltd 2020 SC]

Legal Issues in E-Commerce under CPA, 2019;

Compliances E-Commerce Entities, and Sellers Listed
15 with E-Commerce Cos; Legal position of Ed tech
entities.

Mid-term Examination
Unfair Contract-Concept [Ireo Grace Realtech Pvt Ltd v.
Abhishek Khanna 2019 SC]; Issue of unfair contract in
clickwrap and browse-wrap contracts.
16 Defect in Goods-Concept [Tata Motors Ltd. v. Antonio
Paulo Vaz 2020 SC; Gurshinder Singh v. Shriram General
Insurance Co Ltd 2020 SC]
 Deficiency in Service-Concept and Cases: Kishore Lal v.
Chairman, ESIC 2008 SC; Failure of Builder to obtain
‘occupancy certificate’ is ‘deficiency in service
17 [SAMRUDHI CO-OPERATIVE HOUSING SOCIETY LTS v
MUMBAI MAHALAXMI CONSTRUCTIONS PVT LTd 2019
SC];

Complaint under CPA: Meaning and Scope; Who may file

Complaint, Right of ‘Agents’ to represent a large number of
18 parties in a case before the consumer for a,
C.Venkatachalam v. Ajit Kumar Shah 2003 SC;
Limitation Period for Filing Complaint [Diamond Exports &
Anr v United India Insurance Co Ltd 2021];
Procedure of filing the Complaint and Its Admission; New
India Assurance Co ltd v. Hilli Multipurpose Cold Storage
19 Pvt Ltd 2013 SC on Mandatory nature of Timelines
mentioned in Section 13(2)]; Grounds for Making of
Complaint;

Unfair Trade Practice, Concept, Ingredeints, Incorrect

representation of goods/services being of particular
standard, quality etc; Incorrect representation about rebuilt,
20 second hand, reconditioned goods as new goods; Offer of
Gifts, prizes etc [BRITANNIA NDUSTRIES LTD v. STATE
OF WEST BENGAL 2015];

Conduct of any contest, lottery, game of chance or skill, for

the purpose of promoting, directly or indirectly, the sale, use
or supply of any product or any business interest, except
21 such contest, lottery, game of chance or skill as may be
prescribed [SOCIETY FOR CIVIL RIGHTS v. COLGATE
PALMOLIVE (INDIA) LTD (1991) MRTPC; Refusal to take
back defective goods or to give refund.

Definition of Advertiser, Misleading Advertisement-

Definition; Liability of Advertiser and Endorser,
22 Regulation and investigation of misleading
advertisement [Sections 10, 18, 19, 21], Penalties
against False and misleading advertisements
Cases on Misleading Advertisements [Havells India Ltd &
Ors v. Amritanshu Khaitan & Ors 2015 Delhi; Reckitt and
Colman of India Ltd. V. KIWI TTK Ltd 1996 Delhi high
23 court-1; Pepsi Co Inc v. Hindustan Coca Cola Ltd 2001;
Horlicks Ltd v. Zydus Wellness Products Ltd 2020 Delhi
HC]

Celebrity Endorsement-Concept, Definition of

24 Endorser and Endorsement and Defenses against
Charge of Endorsement; Penalties against Endorsers;
Cases on Celebrity Endorsement
25 Restrictive Trade Practices: Concept, Tests of RTP
[Mahindra & Mahindra v. UOI 1979 SC]; Collective Price
Fixing as a RTP and Types of Collective Price Fixing [Ghai
Enterprises & Kwality Ice Creams]; Refusal to Deal,
 Exclusive Dealings [DGIR v. STUDDS ACCESSORIES PVT
LTD [RTP ENQUIRY 331/1988]; Territorial allocation/
26 Restriction on output; Tie-up sales & full line forcing.;
Resale Price Maintenance and Prohibition on Minimum
Resale Price Maintenance.

Class Action Suits under CPA- Concept, who may file,

27 where to file, Reasons for Class Action; Factors in
Class Action; Ingredients of Class Action.
Objectives of Class Action; Remedies [Anjum Hussain v
28 Intellicity Business Park Pvt Ltd 2019 SC; Sobha Hibisicus
Condominium v. MD, Sobha Developers 2020 SC.

Product Liability under CPA, Origin, Concept, whose

29 liability, Nature and Scope of Product Liability; Types
of Product Liability Claims; Manufacturing Defects.

Who can make a Claim against Product Liability, Product

Manufacturer and His Liability [Maruti Udyog v Susheel
Kumar Gabrotra 2006 SC.
30 Liability of Service Provider and the Seller who is not
the Manufacturer thereof, Product Liability of Several
Manufacturers; Product Liability in Online Shopping;
Defences against Product Liability Claims.

END TERM EXAMINATION

WARNING: Plagiarism, Copying, Active/Passive Collaboration or any other type of dishonest behavior
in answering will entail penalty of NO Credit being given besides the legal right to initiate proceedings
leading to expulsion of the guilty from the program.