Seeking infomormation on compliance of Consumer Protection (E-Commerce) Rules, 2020

[piyush_g 2]

Hello RtiIndia forum members

I seek your support on an RTI I filed recently and the response I got. As this was the first time I filed an RTI, I think I didn't ask the right questions due to which I didn't get required answers.

This is the RTI I filed: DOCAF/R/E/20/00659
 

Quote

Sir/Mam,
As per the Consumer Protection (E-Commerce) Rules, 2020 given on https://consumeraffairs.nic.in/acts-and-rules/consumer-protection, under section 6.5.c it is mentioned that expiry date has to be mentioned by marketplace ecommerce entities on their platform.
I want to know:
1. Why are platforms like JioMart, Grofers, Dunzo, etc. still not showing any expiry date?
2. What action has been taken by the government against them for not complying with these rules?
3. What if it is not possible for a marketplace ecommerce platform to not show expiry date, is it allowed under some circumstances ?

Thanks.

And this is the response I got

Quote

the requisite information in so far Consumer Protection Division is concerned is Nil

Basically I wanted to know, if expiry date is required according to new act, then why are ecommerce companies not following it, has government taken any action against companies and if it is allowed to skip expiry date under any other rule.

So fellow members, what can be done now ?

Thanks for your support.

[Sunil Ahya 783]

Grievance portal is for lodging a grievance complaint.

Right to Information (RTI) Act is for seeking information (usually in the form of documents) from a Public Authority (Govt Office) and not for complaining.

For grievance file a complaint and for seeking action taken report documents on that grievance complaint file a RTI application seeking information in the form of photocopy of documents wherein the action taken has been noted, because whenever a Govt. Office takes action, some documents ought to get generated as a consequence of that complaint, when you seek a photocopy of such documents under RTI, you get the information of that action taken.

Please refer to the blog on the following link to learn more about action taken report under RTI:

http://jps50.blogspot.com/2012/08/long-pending-issues-with-govt-use-rti.html

[Prasad GLN 1,760]

Go through other way.  File a detailed complaint to Consumer Affairs Ministry and also grievance in their on line portal through pgrams.   Wait for a month and then seek simple information "Please inform action taken on my complaint/grievance" under RTI Act.   If you can afford file writ against Ministry to High Court after all your efforts.

[piyush_g 2]

Thanks for replying @Prasad GLN sir.

Is this the pgrams portal you are suggesting, https://pgportal.gov.in/Home/LodgeGrievance ?

Also should I ask the same questions I asked on RTI, or what do you suggest ?

And please excuse me for my lack of knowledge, but I couldn't find how to file a complaint other than their public grievance portal, which points to the above mentioned url. Could you please guide me here ?

[Prasad GLN 1,760]

Sorry there is a mistake.  The portal is pgrms.  When you open any govt., portal you can find grievance tab and from that tab you can directly go to online pgrms tab.

In this portal you have to make a complaint/grievance pointing out the lapses.

[piyush_g 2]

Thanks @Prasad GLN and @Sunil Ahya for your suggestion.

I have lodged a public grievance now.

[piyush_g 2]

@Prasad GLN , @Sunil Ahya sir, there is a remark on the grievance I made that "Pl make a complaint to the central Consumer Protection Authority and the Director, Legal Metrology."

But I couldn't find any forum/website for Cental consumer protection authority.

[Prasad GLN 1,760]

You can file only individual specific complaint against the particular party that failed in giving such prescribed legal services in Forums and Legal Metrology.   So find out the deficiency or violations and file specific cases without taking up general complaint (without  personally suffering through such violations, with evidence)

[piyush_g 2]

Surely I can file a more specific case, but where do I file it, I couldn't find any website for central consumer protection unit ?

This is turning out to be much difficult than I first thought of it.

Thanks sir for helping me out.

Edited September 11, 2020 by piyush_g

[Prasad GLN 1,760]

If you have in possession such original receipt, and other evidence, product specifications, you can file case before District Consumer Forum in your area.   The total cost may not exceed Rs.500/- if you appear as party in person.  As suggested in pgrms response, explore filing complaint with Legal metrology if they have a centralized dept., in pgrms.

Issuing Notice under CP Act to the service provider is mandatory.  You can issue such notice by Regd. post.

Edited September 11, 2020 by Prasad GLN