Addressed to Consumer Affaires Minister from Editor-In-Chief of Post Star
Hon’ble Minister:
Before above Bill becomes Act when Parliament of India passes it, you and your fellow parliamentarians must consider an extra clause to add to present set of 107 clauses. That clause should be named “LACK OF GOOD FAITH CLAUSE”. Your 2018 Bill has product liability clause as compared to none in 1986 Consumer Protection Act. It is a good move but it is ambiguous in language structure. You must find ways to incorporate “lack of good faith clause” here. To study such clause, your office must do research on California’s “lack of good faith clause”.
Briefly, “lack of good faith clause” means that any indication of slyness, broken promises of any kind or type on part of a service provider constitutes “lack of good faith” in the performance of service provider and the case swiftly falls against the service provider. This provision in California is one of the reasons that many service provider companies shy away from this sixth biggest economy of the world that is state of California within United States of America (incidentally, each of United States has its own consumer laws).
Present Consumer Protection Bill 2018 has 107 clauses and covers Product Liability but “lack of good faith clause is nonexistent. Language on it must be in clear and simple English and Hindi.
Such addition of “lack of good faith clause” will be a great service to the citizens of India. Indian consumer had suffered so much from archaic 1938 Insurance Act made by British for the benefit of the imperial colony masters. The Consumer Act 1986 had not been well thought of. Now we have chance to correct our past sins committed against our people. Hon’ble Minister, please do your duty before this Bill becomes an Act
Editor-In-Chief of Post Star (Dr B Bhandari)
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