PGDCLP started in the academic year 2011-12
After globalisation, liberalisation and privatization the MNCs are in the trend to sell their products & services by exploiting the consumers. Every person is a consumer day-in & day-out from his birth to his death. Thus it is essential for each and every person to know his basic consumer rights. Hence Ministry Of Consumer Affairs, Food & Public Distribution Department of Consumer Affairs, Government of India, New Delhi established Chair on Consumer Law and Practice at NLSIU to promote research, teaching, publication and training in Consumer Law and Practice. CLAP which is acting as a Think Tank is also advising the Ministry of Consumer Affairs and the State Governments with respect to consumer related issues, drafting legislations, amendments to the existed laws.
In this regard CLAP launched PGDCLP in the year 2011 to enrich the stakeholders such as Academicians, Professionals, Government official, Consumer Forum Members, NGOs, etc. PGDCLP is designed for any graduate with a view to bring awareness for the consumers about their basic consumer rights and strengthening Consumer Protection in India.
The subjects prescribed for the course shall be as follows:-
PAPER I: INTRODUCTION TO LAW AND LEGAL SYSTEM
Objective of the Paper:
This paper attempts to introduce the scholar to the basic understanding of law and its legal system. This provides a scholar an opportunity to equip with the understanding of law, various theories about law, its sources and the functionality of legal system in India. This paper gives a bird eye view about various organs of Government, i.e. Legislature, Executive and the Judiciary. Different classification of law, like civil and criminal, substantive and procedural, public and private, makes the reader get an insight to the legal system and its operation. Constitutional study of the legal system and its governance is the main focus with the available Constitutional remedies as fundamental right. An introduction to basic law like Law of torts, Contract Law, Property Law and criminal law-provides the scholar with a background to the study of law in India, while the Unit on International law provides an understanding of international legal regime as applicable to India.
1. UNDERSTANDING LAW AND LEGAL SYSTEM IN GENERAL
Introduction to Law: Different ‘theories’ about law - Pure Theory of Law - Natural Law Theory - Traditional Natural Law Theory -Second Kind of Natural Law -Introduction to legal system
2. LEGAL SYSTEM
Understanding Legal System, Various organs of legal system -Law making organ -Institutions entrusted with execution of law; Institutions connected with adjudication & rule governing adjudication - Law Enforcement in India -Central Armed Police Forces -Central Investigation and Intelligence Institutions - Central Forensic Institutions
3. HOW TO FIND APPROPRIATE LAW ?
Sources of Law; Legislation, Delegated Legislation, Ordinances, Judicial Decisions and Precedent, Constitutional Law, Custom as Source of Law, Contracts as Law, Equity – Standards of Justice and Good Conscience, Classification of Law – Civil and Criminal Law – Substantive and Procedural Laws – Public and Private Laws.
4. THE INDIAN LEGAL SYSTEM
What is a ‘Constitution’? ; Evolution in the Models of Constitution, Constitution and Constitutional Law, Constitution as the supreme law of the Land, Evolution of the Constitution ; The Nature of the Indian Constitution ; Salient Features of the Indian Constitution ; Longest written constitution – Federal Structure – Parliamentary form of Government – Unique blend of rigidity and flexibility – Democratic Republic – Fundamental Rights – Directive Principles of State Policy – Fundamental Duties – Secular State – An Independent Judiciary – Adult Sufferage; Basic structure of the Constitution, Citizenship; Fundamental Rights; Right to Equity- Right to Freedom – Rights against Exploitation – Right to Freedom of Religion – Cultural and Educational Rights – Right to Constitutional Remedies – Mandamus – Quo Warranto – Certiorari – Prohibition – Habeas Corpus ; Directive Principles of state Policy; Directive Principles v Fundamental Rights; Structure of Government ; Powers of the president ; Executive Powers, Military Powers, Diplomatic Powers, Financial Powers, Legislative Powers, Ordinance Making Power, Pardoning Power, Emergency Powers, Courts of Law, Jurisdiction and Re-organization of Courts; Tribunals under the Constitution.
5. FEW REPRESENTATIVE LAWS
Law of Torts; Essentials of a tort, Act or Omission, Legal Damage; Mental Element in Tortious Liability; principles of Liability, Fault Based Liability, Vicarious Liability, Negligence, Strict liability, Absolute liability; General Defences to Tortious Claims Hand Book on Distance Education Programmes
6. LAW OF CONTRACT
Principles of Contract; Few essential terminologies; Agreements and Contracts: Difference and Relationship; Essential Elements for the Construction of the Contract; Offer – Acceptance – Consideration; Law Relating to Performance of a Contract.
7. CRIMINAL LAW
Crime and Criminal Law; Criminology, Criminal Policy, Criminal Law; Principles of Criminal Liability, Mala in se and Mala Prohibita, Actus Reus, Intention, Motive, Knowledge, Foresight of the consequences.
8. LAW OF PROPERTY
Nature of Property; Possession of land, Classification of property; Interests – Easements; Modes of holding ownership; Intellectual Property Rights; Patents, Copyrights, Industrial Designs, Trademark
What is International Law? ; Nature of International Law ; What are the sources of International Law; Custom, Treaties, General Principles of Law Recognised by the Civilized Nations, Judicial Decisions, Juristic Works, Equity, Resolution of the General Assembly; Few important International Organization; Public Interest Litigation; Judicial Activism; Alternate Dispute Resolution Mechanism; Adjudication; Civil Adjudication, Criminal Adjudication, Constitutional Adjudication.
PAPER II : DEVELOPMENT OF CONSUMER PROTECTION LAW
UNIT I- Consumer Protection: Global Scenario
Introduction- United Nations Guidelines for Consumer Product Safety Standards -Objectives, General Principals, Guidelines, Physical Safety, Promotion and Protection of Consumers’ Economic Interest, Standards for Safety and Quality of Consumer Goods and Service, Distribution Facilities for Essential Consumer Goods and Services, Measures Enabling Consumers to Obtain Redress, Education and Information Programmers, Promotion of Substantial Consumption, Measures Relating To Specific Areas, International Cooperation, Legal Status of Guidelines; International Standard Organization (ISO) - ISO and World Trade, World Wide ISO Standards, ISO and Consumer, Consumer Policy (COPOLCO), ISO’s Road Map for Next Five Year During 2005-2010; The WHO Global Strategy for Food Safety, 2002 - The Codex Alimentations Commission (CAC or CODEX), Development and Use of Codex Standard, The Role of Science, Risk Analysis, Prudence and Precaution, Consumer Organization and Codex, Consumer Participation at Codex Meeting Consumer Participation at National Codex, Consultative Committee Codex and SPS Agreement; Challenges for the Future; Safety of Genetically Modified Products (Gomes)
Unit II- Evolution of Consumer Protection In United Kingdom
Introduction - Under Common Law, Under Contract Law, Freedom of Contract, Privity of Contract, Warranty of Merchantable Quality, Under Tort Law, The Pre Donoghue Position, Post- Donoghue Position, Commission on Consumer Protection, The European Economic Community Reforms, Under Statutes, Monopolies, Restrictive and Unfair Trade Practices, Consumer Protection and Exploitation, Unfair Trade, Unfair Trade Description, Other Safety Legislation
Unit III- Evolution of Consumer Protection in India
Ancient India; Kautilya’s Arthashastra; Indian Constitution – Preamble, Right to Equality, Right to Freedom to Carry On Business and Trade with Reasonable Restrictions, Right to Live With Freedom from Exploitation, Principles of Consumer Policy, State Duty Is To Secure Social Order to Promote Welfare of the People, Protection of Health and Strength of Workers, Protection of Children from Exploitation, State’s Duty Is to Enact Suitable Legislation to Protect Consumers, State’s Duty Is to Improve the Public Health, Distribution of Legislative Power; Law of Contract – Definitions, Essential Elements of Valid Contract, Other Important Provisions; Law of Sale of Goods - Conditions and Warranties, Caveat Emptor to Caveat Venditor, Suitability of Goods to the Purpose, Merchantable Of Goods, Custom and Usage of Trade; Law of Torts - Essential Ingredients of Tort Liability, Negligence; Consumer Movement - Pre-Independence Position, Post- Independence Position, Consumer Legislation during 1950-1968, Consumer Protection during 1969-2011, Monopolies and Restrictive Trade Practices Act, 1969, Consumer Protection Council In 1983, Consumer Protection Act, 1986, The 105thReport of Law Commission of India, Consumer Awareness Programme by Government - Publicity –Jago Grahak Jago, Swami Vivekanand National Award on Consumer Protection, Consumer Protection through Consumer Agencies - Voluntary Consumer Associations (VCA), Model Voluntary Consumer Organization of India, Limitations of Consumers’ Organization, Self-Regulation of Business, Advantage of Self-Regulation, Business Codes, Free Legal Service Cell of Law Schools, Functions of FLSC, Recognition of FLSC
Unit IV- Consumer Protection Act, 1986
Important Definitions - Who is Consumer?, Who is a Person?, What is Consumer Dispute?, what are Spurious Goods and Service?, What are Goods?, What is Defect?, What is Service?, What is Deficiency?, What is Complaint?, What is Complainant?, What is Appearance of Voluntary Consumer Association?, Who is Manufacturer?, Who is Trader? What is Restrictive Trade Practice?, What is Unfair Trade Practice?, Acts Not In Derogation of Any Other Law, The Consumer Protection Act, 1986: A Special Law, Consumer Protection
Councils, The Central Consumer Protection Council, Procedure for Meetings of the Central Council, Objects of the Central Council, Constitution of the Central Consumer Protection Council and the Working Groups, Procedure of the Central Council, The State Consumer Protection Councils, Objects of the State Council, District Councils, Consumer Dispute Redressal Agencies, Composition of the District Forum, Jurisdiction of District Forum, Branch Office Means, Manner in Which Complaint Shall Be Made, Procedure on Admission of Complaint, Fees for Making Complaints before District Forum and Commissions, Finding of the District Forum, Appeal, Composition of the State Commission, Jurisdiction of the State Commission, Transfer of Cases, Procedure Applicable to State Commissions, Appeal from State Commission to National Commission, Hearing of Appeal, Composition of National Commission, Jurisdiction of the National Commission, Power and Procedure Applicable To the National Commission, Power to Set Aside Ex Parte Order, Power to Transfer of Cases, Procedure to Be Followed By the National Commission, Appeals before the National Commission, Procedure for Hearing the Appeal, Sitting of the National Commission and Signing Of Orders, Number of Members in the National Commission, Credit of the Fine into the Consumer Welfare Fund When Consumers Are Not Identified Conveniently, Salaries, Honorarium and Other Allowances of the President and Members of National Commission, Terms and Conditions of the Service of the President and Members of National Commission, Procedure for Selection of Members, Removal of President or Members from Office in Certain Circumstances, Appeal before Supreme Court, National Commission to Supreme Court, Manner of Deposit of Amount in Appeals before Supreme Court, Supreme Court Rules Relevant to Consumer Protection Act, General Provisions, Vacancy in the Office of the President, Finality of the Orders, Limitation Period, Administrative Control, Enforcement of Orders of the District Forum, State Commission and National Commission, Penalties: Fine And Imprisonment: Sec.27, Appeal against Order Passed Under Sec.27, Dismissal of Frivolous or Vexatious Complaints, Service of Notice, Etc, Additional Power of National Commission, State Commission and District Forum, Vacancies or Defects in Appointment Not To Invalidate Orders, Protection of Action Taken In Good Faith by the Members of District Forum, the State Commission and the National Commission, Power of Framing Rules and Regulations, Power of Central Government to Make Rules, Power of National Commission to Make Regulations, Rules and Regulation to be Laid Before Each House of Parliament, State Government to Recognize a Laboratory as an Appropriate Laboratory, Consumer Forums is not a Regular Court, Arrangements in Consumer Forum, Dress Code, Hearing Hours, Cause List, Institution of Complaints, Appeals and Revision Petitions, Issue of Notice, Adjournment, Hearing by Benches, Arguments, Limitations, Review, Ex- Parte Interim Order, Final Order, Return on Institution and Disposal of Cases, Certified Copy, Preservation of Records, Inspection of Records, Obligation of the Redressal Agency, Annexure-I Sample of Formats of notice, consumer Complaint, Sample of Affidavit, Authorization, Annexure- II, Recent Landmarks Judgments on goods, medical negligence, educational services, insurance laws, housing/construction, electricity, advertisements, air travel, telecom services, banking services, postal/courier services, jurisdiction, penalty, appeal, appointment of forum members.
PAPER III : PRODUCT LIABILITY AND SERVICE PROVIDERS’ LIABILITY
Unit I- Product Safety Standards and Liability
Objectives, Introduction, Drugs and Cosmetics Act,1940 :Objectives, Legal framework of the Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act: Some important definitions, Machinery to regulate Drugs and Cosmetics, Import of Drugs, Manufacture of Drugs, Power of Inspectors, Drug Policy, Legal Regulation of Cosmetics under Drugs and Cosmetics Act, Some major amendments to Drugs and Cosmetics Act, Standards of Weights and Measurements Introduction, Salient features of the Standards of Weights and Measures Act, Standard Units, The Legal Metrology Act, 2009, Salient features of Legal Metrology Act, Salient features of Legal Metrology Act, Standard of Weights and Measures Act and the Legal Metrology Act:. Significant Changes, Bureau of Indian Standards (BIS), Functions of BIS, Agricultural produce (Grading and Marking) Act 1937 –Objectives, AGMARK standard.
UNIT II- Food Adulteration Act; Food Safety and Standards Act;Insecticides
Objectives, Introduction, Food Adulteration: A Social evil, Legal Regulation of Food Adulteration, Definition of Adulteration, Unfit for human consumption-Main test, Definition of Food, Standards prescribed by the Act, Mensrea is not necessary, Functions of Food Laboratory, Powers of Food Inspectors, Food Safety and Standards Act, 2006, Food Safety Appellate Tribunal, Insecticides Act, 1968
UNIT III- Service Providers Liability
Objectives, Introduction, Service Sector and Consumer Protection, Banker’s Services and Consumer Protection, Banking Ombudsman, Procedure to lodge a complaint, Banker’s Services and Consumer Protection Act, 1986, Services of Insurance Industry and Consumers Remedies, Insurance Regulatory Development Authority (IRDA), Ombudsman, Consumer Protection Act, 1986 and the Services of Insurer, Professional Negligence and Consumer Protection Act, 1986, Medical Profession and Consumer Protection Act, Legal Profession and Consumer Law, Housing and Consumer Protection, Some categories of Services under Consumer Protection Act.
UNIT IV- E-Consumer Protection: Advertisement
Objectives, Introduction, E-Commerce and its significance, Categories of E- Commerce, Advantages of E-Commerce, Advantages of E-Commerce, Categories of Services, Legal issues in E-Commerce transactions, Protection of Intellectual Property Rights in E-Commerce, Privacy issues, Jurisdictional issues, Ethical issues, Information Technology Act, 2000-Consumer Protection, Computer Crime, Offences committed outside India, Indian Penal Code and Computer Crimes, E-Consumer protection and International attention, Advertising –Introduction, Kinds of Advertising, Benefits of Advertising, Some Objections to Advertising, Advertising agencies, Advertising and Consumer Protection, Unfair trade practices and Consumer Protection Act, 1986, Advertising Industry and Code of Advertising.
PAPER IV: ALTERNATIVE DISPUTE REDRESSAL MECHANISM
Unit I- Regulatory Authorities
Objectives, Introduction, What is Regulation?, The Need for Regulation, Functions of a Regulator, Principles of Regulation, Types of Regulatory Agencies, Consumer Protection in the Insurance Sector, Introduction, Consumer Protection Measures by IRDA, Consumer Protection in the Telecom Sector, Introduction, Structure of TRAI, Grievance Redressal Mechanism, Consumer Protection in Electricity Sector, Introduction, Who can file a Complaint? Who is a Consumer?, Can all complaints be filed in the forum?, Number of Forums, Composition of the Forum?, Term of the Membership, Information about the Forum, Procedure for lodging complaints, Procedure followed in the Forum, Decision of the Forum, Ombudsman, Objectives, Meaning and Need for Ombudsman, Essentials of Effective Ombudsman, Ombudsman in Indian Context, Ombudsman for Banking, Introduction, Procedure for filing a complaint, Grounds for rejection, Complaint settlement procedures, Appeal, Obligation of Banks, Appointment of Nodal Officer, Decided case law, Ombudsman for Insurance, Introduction, Appointment and qualifications, Terms of office and jurisdiction, Removal from office, Powers of Ombudsman, Procedure for filing complaints, Recommendations, Award by the Ombudsman, Information dissemination. Ombudsman for Income Tax, Introduction, Appointment and Tenure, Complaints, Procedure for filing Complaints, Rejection of complaints, Settlement of complaints, Powers of Ombudsman, Duties of ombudsman, Ombudsman for Electricity, Introduction, Introduction, Qualification and tenure, Removal from the post, Maintainability of complaints, Rejection of complaints, Procedure for settlement, Hearings, Issue of orders, Citizen’s Grievance Redressal System in Government, Introduction, Public grievances and Cabinet Secretariat, Citizens Charters, Elements of Citizens Charters¸ Right to Information¸ What is information, What is Right to Information, Pro-active disclosure of information, Information that are exempted, Who provides information¸ Institutions exempted from RTI Act¸ Procedure for obtaining information, Payment of fees, First Appeal Process, Second Appeal Process¸ How to make a complaint, Time limit for providing information, Information about private bodies, Role of Information Commission
Unit II- Arbitration, Conciliation, Mediation and Lok Adalat
Objectives, Introduction, What is Alternative Disputes Redressal System, Arbitration, Types of Arbitration, Conciliation, Mediation, Process of Mediation, Benefits of Mediation, Lok Adalat, Permanent Lok Adalat, Constitution of Lok Adalat, Procedure for organizing Lok Adalat, Composition, Jurisdiction, Proceedings in Lok Adalat, Award of Lok Adalat, Grounds for challenging the Award, Benefits of Lok Adalat, Citizens’ Grievance Redressal System In Government, Introduction, Department of Public Grievances, Citizens Charter, Key Elements of Citizen’s Charter, Right to Information, What is Information?, What is Right to Information?, Pro-active disclosure, Information exempted from RTI Act, The information to be obtained from, Institutions exempted from RTI Act, Procedures for obtaining information, How to complain?, Time Limits for providing information, Role of Information Commission.
Unit III- Sustainable Consumption and Environment Protection
Objective, Introduction, What is sustainable consumption?, Signs of a sustainable society, Signs of a sustainable society¸ Need for sustainable consumption, Strategies to promote sustainable consumption, Changing consumption patterns, Steps towards sustainable consumption, United Nations Guide lines on Consumer Protection and sustainable consumption. Promoting sustainable consumption – Best Practices, Standards and Mandatory/Voluntary Labels, Levy of Taxes, Subsidies and incentives, 11 Education and Awareness Campaign, Regulating Advertisements, Government procurement policies, Role of Civil Society in promoting sustainable consumption, Legislation Related To Environment Protection, Objectives, Introduction, Constitutional Provisions on environment protection, Wild Life Protection Act, Water (Prevention and control of pollution) Act, Air (Prevention and control of pollution) Act, Environment Protection Act, Hazardous Wastages (Managing and Handling) Rules, Bio-Medical Waste (Managing and Handling) Rules, Public Liability Insurance Act, National Green Tribunal Act,
Unit IV- Competition Law and Policy
Objective, Introduction, Forms of competition, Benefits of competition, Competition Policy and Law, Nine Principles of Competition Policy¸ Competition Law, Evolution of Competition Law in India, Framework of Competition Act, Enforcement Issues, Administration Issues, Functional Issues, Prohibition of Anti-Competitive Agreements, Cartels under Competition Act¸ Inquiry into Cartels, Leniency Scheme, Bid Rigging, Inquiry into Bid Rigging, Prohibition of Dominant position, Abuse of dominant position¸ Types of abuse of dominant position, Determination of Predatory Behaviour, Regulation of Combinations, Mergers and Acquisitions, Types of Mergers and Acquisitions, Inquiry into Combinations, Mergers and its Effect on Competition, Investigating Combinations, Competition Commission of India, Composition of CCI, Duties and powers of Chairperson and Members of CCI, Competition. Appellate Tribunal (CAT) , Removal of Members of CAT, Appeal process
PAPER V : DISSERTATION OR PROJECT WORK
These topics are purely suggestive. The students could either improvise on the given topics or formulate a new topic of their own. In such case the students are required to inform the department for validity of the topic before undertaking any substantive research work. Students will have to seek approval of a New Topic other than those mentioned in the Handbook within three months prior to the date of the Examination. If a student is selecting any one of the topic provided in the hand book then the student need not write to the department.
SUGGESTIVE TOPICS FOR DISSERTATION
Landmark Judgments on Consumer Law
Legal framework towards transboundary movements of hazardous wastes; an critical appraisal.
NOTE: - The list of topics are provided in the hand book sent to you along with the study materials. The topics provided in the hand book are purely suggestive. The students could either improvise on the given topics or formulate a new topic of their own. In such case, the students are required to inform the department for validity of the topic before undertaking any substantive research work.* If the student is selecting any one of the topic provided in the hand book, then the student need not write to the department.
You need to submit one copy of the dissertation in spiral bound form.
Dissertation should be enclosed along with filled in examination application form within the dates notified in the examination schedule.
In any case if the student is not able to submit the dissertation for the said examination, it can be submitted any time during the course of study (which is 1+2)*, for any of the subsequent examination. As and when the candidate clears all the five papers, the degree of diploma will be awarded.
* Post Graduate Diploma is a 1 year course. Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond one academic year because of his/her non-fulfilment of the prescribed requirements for the award of the degree, he/she will be permitted to continue for the subsequent two academic years by paying a continuation fee as prescribed for each year. At the end of the third academic year if the candidate fails to fulfil all the requirements for the award of the degree, the admission stands automatically cancelled.
NOTE: Students will have to seek approval of a New Topic other than those mentioned in the Handbook within three months prior to the date of the Examination.