MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAJ 3.6 CONSUMER PROTECTION LAW AND

NEGOTIABLE INSTRUMENTS ACT

B.A.LL.B.(Hons. in Adjudication and Justicing) Five-Year

Integrated Degree Course
ACADEMIC YEAR: 2022-23
2nd YEAR, SEMESTER–III

Designed and Developed by:

Dr. Ragini P. Khubalkar,
Assistant Professor of Law

Course Instructors
Dr. Ragini P. Khubalkar,
Assistant Professor of Law
Prof. (Dr.) V.P. Tiwari
Professor of Law

July 2022

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 (Strictly for Private Circulation)
CONSUMER PROTECTION LAW AND NEGOTIABLE INSTRUMENTS
ACT
Semester –III July-December 2022
Course Code BAJ 3.6
Course Credit 3
Maximum Marks 100
Teaching Hours 48
Presentation Hours 10-12
Medium of Instruction English
Course Compulsory

Introduction:
Consumer is one that consumes or acquires goods or services especially for direct use of
ownership. The United Nation adopted the guideline on Consumer Protection in 1985 and
instantly the Consumer Protection Act, 1986. This Act was passed to provide for better
protection of the interests of consumers and for the purpose of making provisions for
establishment of consumer protection councils and other authorities for the settlement of
consumer disputes, etc. Although the working of the consumer dispute redressal agencies has
served the purpose to a considerable extent under the said Act, several shortcomings have also
been noticed while administering the various provisions of the said Act. The emergence of
global supply chains, rise in international trade and the rapid development of e-commerce have
led to new delivery systems for goods and services and have provided new options and
opportunities for consumers. Equally, this has rendered the consumer vulnerable to new forms
of unfair trade practices. E-commerce posed new challenges to consumer protection and
therefore, it became imperative to amend the Act to address the myriad and constantly
emerging vulnerabilities of the consumers.
Therefore, a need was felt to amend the Act to address the innumerable and constantly
emerging vulnerabilities of the consumers. In view of this, the Consumer Protection Act, 2019
was Passed. It is necessary for the students to deliberate upon the newly passed Act and
understand its new features like establishment of an executive agency i.e., the Central
Consumer Protection Authority (CCPA), Product liability, mediation, electronic mode of
complaints filing and several other new provisions which appear promising and create a great
hope for betterment of conditions of consumers and protection of their interests. It is therefore
an imperative to expose the students of B.A.LL. B (Hons. in Adjudication and Justicing)
program to the core legal principles, rules and jurisprudence of law of Consumer Protection.
This course is designed in Module I to familiarize the students with evolution of
Consumerism and need of introducing new Consumer Protection Act. Further their rights and
responsibilities as a consumer, the social framework of consumer rights and legal framework
of protecting consumer rights. In Module II, the course aims to make students understandthe
procedure of redress of consumer complaints, and the role of different agencies in protecting
rights of the consumers. In Module III, the course seeks to introduce new concepts of product
liability and Mediation with detail concept and procedure to be followed in mediation will be
discussed. It further, in Module IV, it considers some important provisions of Negotiable
Instrument Act, 1881 with respect to commercial transactions.

Course Objectives

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With the above-mentioned background the course is designed to develop an understanding
among students consumer rights and procedure in case of violation of it. In light of the overview
of course module, the course is designed with the objectives to:
 Understand the law regulating the Consumer rights and law relating to Negotiable
Instruments Act with special reference
 Know the nature, scope and philosophical foundation of Consumer Protection Law;
 Analyse various principles giving rise to liability under the Consumer Protection Act;
 Examine the remedies Provided for infringement of consumer rights; and
 Introduce the important provisions of the Negotiable Instruments Act, 1881 dealing
with commercial transactions relating to core area of consumers.
Teaching Methodology
The teaching methodology shall be a blending of lecture method and case method as well as
interactive modes of teaching, such as group discussion and case analysis ICT based smart
learning aid such as PPT, White Board, Animation etc., shall be made use of. The students are
informed in advance the topic for discussion and the topic of project/assignment they have to
prepare. Further students will be engaged in the class in group exercise and simulations. Students
are also required to undertake research to develop independent thinking. It will be supervised by
the faculty on an assigned topic and prepare a project report. Treading material will be provided
to students in advance in order to enable them to participate in the forthcoming lectures.
Case Law Reporter/Journal
The case law reporters like AIR (All India Reporter) from Nagpur and SCC (Supreme Court
Cases will be required to be used by students. Apart from these journals like Journal of
Consumer Protection Law shall also be used. These journals are available in print as well as in
CD ROM (electronic form) in the University Library Some of the journals of international
reputes can also be accessed from the database provided by the university like Jstore;
LexisNexis, West Law data base etc.
Course Textbooks
Books are very important when it comes to learning about any new subject. The preferred
books on Consumer Protection Act are G.B.Reddy and Baglekar Akash Kumar, CONSUMER
PROTECTION ACT: A COMMENTARY. Anirban Chakraborty, PRODUCT LIABILITY;
G. Ganesan and M. Sumathy, GLOBALISATION AND CONSUMERISM: ISSUES
Course Evaluation Method:
The Course is assessed for 100 Marks in total by a close book application-based examination
system. There shall be a Mid-Semester Exam for 20 Marks and End Semester Exam for 40
Marks, open book exam. 25 Marks are assigned for the Project (out of which 20 marks for the
written project and 5 for attendance) plus 10 marks for literature review.
Course Outcomes
On completion of the Course the students are expected to gain an appreciation of the theory
and philosophy behind the Consumer Law and the evolving Indian jurisprudence. They shall
understanding the important provisions of Negotiable Instruments Act relating to Consumers.
The students are expected to:
 Possess the general understanding of Consumer Protection Act and Negotiable
Instruments Act with respect to consumer relations.
 Comprehend the important principals and the evolutionary and dynamic nature of
Consumer Law;
 Develop an understanding of the procedure to be followed in case of violation of
consumer rights in various consumer forum.
 Be able to thoroughly analyze problems relating to product liability and procedure for
mediation provided under Consumer Protection Act; and

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  Can effectively apply its principles in context of present-day problems through your
knowledge and skills with respect to Negotiable Instruments Act.
***

COURSE CONTENTS
MODULE-I: Origin, Nature and Scope of Consumer Protection Law
(Teaching Hours- 16)

1.1 Consumer Movement: Consumer movement in India and its different phases
1.2 Consumer rights and UN Guidelines on consumer protection
1.3 Over view of New Consumer Protection Law: Introduction to the new Consumer
Protection Legislation, 2019 and Salient Features
1.4 Meaning of Consumer: Objectives and Basic Concepts
1.5 Important Definitions: Advertisement, Consumer, Deficiency, Electronic service
provider, endorsement, establishments, goods, harm, Misleading Advertisement, Product,
product liability; action; manufacturer; service provider and restrictive trade practice,
service, unfair contract, unfair trade practices
Statutory Readings
Consumer Protection Act, 1986 Repealed (Act No 68 of 1986)
Consumer Protection Act, 2019 (Act No. 35 of 2019)
Judicial References
Bihar School Examination Board vs. Suresh Prasad Sinha, AIR2010SC93
Cheema Engineering Services vs. Rajan Singh, (1997) 1 SCC 131
Common Cause, A Registered Society vs. Union of India, AIR1993SC1403
Donoghue v. Stevenson (1932) ALL ER Rep. 1
(1932) AC562 9
Imperia Structure Ltd. v Anil Patni (2020) 10 SCC 783
India Photographic Co. vs. H.D. Shourie AIR1999SC2453
Indian Medical Association vs. V.P. Shantha, AIR1996SC550
Ireo Grace Real tech Pvt. Ltd. v. Abhishek Khanna (2021) 3 SCC 241
Karnataka Power Transmission Corp. vs. Ashok Iron Works (2009) 3 SCC 240
Laxmi Engineering vs. P.S.G. Industrial Institute (1995) 3 SCC 583
Lucknow Development Authority vs. M.K. Gupta AIR 1994 SC 787
M/S. Coca –Cola India Limited v. Dr. Amarjit Singh 2010 (NC)
M/s. Magma Fincorp Ltd., v. Rajesh Kumar Tiwari (2020) 10 SCC 399
(2021) 1 SCC (Civ) 53
2020 SCC OnLine SC 795
Morgan Stanley Mutual Fund vs. Kartick Das (1994) 4 SCC 225
Om Prakash v. Assistant Engineer, Haryana Agro (1994)3 SCC 504
Ravneet Singh Bagga vs. M/s KLM Royal Dutch Airlines, (2000) 1 SCC 66)
Society of Catalysts New Delhi v. Star Plus, AIR 2009(NOC) 703 (NC)
Star India v. Society of Catalysts New Delhi, AIR 2020 SC 749
State of Karnataka v. Vishwabarathi House Building Coop. Society, (2003) 2 SCC 412
Union Bank of India vs. M/s. Seppo Rally OY and Another, (1999) 8 SCC 357
Compulsory Readings
 G.I.S. Sandhu and Arvind Kaur, “CONSUMER PROTECTION IN INDIA: SOME
AREAS OF ILLUSION” Journal of the Indian Law Institute , July-September 1996,
Vol. 38, No. 3 (July September 1996), pp. 377-386

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  Sakuntala Narasimhan “Consumer Protection Act: An Unequal Fight”, Economic and
Political Weekly, Vol. 50, No. 5 (JANUARY 31, 2015), pp. 20-22 available at Stable
URL: https://www.jstor.org/stable/24481327
 Praveen K. Kopalle, Donald R. Lehmann and John U. Farley “Consumer Expectations
and Culture: The Effect of Belief in Karma in India”, Journal of Consumer Research,
Vol. 37, No. 2 (August 2010), pp. 251-263 Published by: Oxford University Press,
available at Stable URL: https://www.jstor.org/stable/10.1086/651939
 Frank Trentmann, “Beyond Consumerism: New Historical Perspectives on
Consumption”, Journal of Contemporary History, Jul., 2004, Vol. 39, No. 3 (Jul., 2004),
pp. 373-401, Sage Publications, Ltd. Stable URL: https://www.jstor.org/stable/3180734
 Ms Kiran Chaudhry; Ms Tanu Chandhiok; Mrs Parveen Dewan, “CONSUMER
PROTECTION AND CONSUMERISM IN INDIA”, ZENITH International Journal of
Multidisciplinary Research Vol.1 Issue 1, May 2011, ISSN 2231-5780
 Manoj Kumar, “Emerging Dimensions of Consumer Protection Law in India”, 12
RMLNLUJ (2020) 133 available at SCC Online Web Edition:
http://www.scconline.com
 Harshad Pathak, “Education as Commodity and the Revolving Doors of Jurisdiction”,
International Journal of Consumer Law and Practice, Vol.4 2016 PP 79-95
 G.B.Reddy and Baglekar Akash Kumar, CONSUMER PROTECTION ACT: A
COMMENTARY, First Edition 2021, EBC pubishing co. Lucknow, Pp 1-131
Suggested Readings
 Agarwal V.K., Consumer Protection (Law and Practice), Bharat Law House Pvt. Ltd.,
7th Edition 2016\
 E-books :- www.consumereducation.in Empowering Consumers e-book
 G. Ganesan and M. Sumathy. (2012). Globalisation and Consumerism: Issues
 Girimaji, Pushpa (2002). Consumer Right for Everyone Penguin Books.
 Khanna, Sri Ram, Savita Hanspal, Sheetal Kapoor, and H.K. Awasthi. (2007)
Consumer Procedure, Deep and Deep Publications Pvt Ltd.
 Rajyalaxmi Rao (2012), Consumer is King, Universal Law Publishing Company
 Suresh Misra and Sapna Chadah (2012). Consumer Protection in India: Issues
Periodicals
 Consumer Protection Judgments (CPJ) (Relevant cases reported in various issues)
 Recent issues of magazines: International Journal on consumer law and practice,
National Law School of India University, Bengaluru
 ‘Consumer Voice’, Published by VOICE Society, New Delhi.

2.2 MODULE-II Consumer Forums (Teaching Hours- 16)

2.1 Consumer Protection Councils: Object and Procedure for meetings of Central
Consumer Protection Councils; State Consumer Protection Councils ; Districtl Consumer
Protection Councils ;
2.2 Central Consumer Protection Authority: Establishments of CCPA; Composition of
and Procedure to be followed in case of complaints; Powers and Functions of CCPAand
Appeal
2.3 District Consumer Disputes Redressal Commissions: District Consumer Disputes
Redressal Commission - Composition, Power, Procedure and Function; Who can file a

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 complaint? Grounds of filing a complaint; Limitation period; Procedure for filing and
hearing of a complaint; Disposal of cases, Relief/Remedy available; Temporary
Injunction, Enforcement of order, Appeal.
2.4 State Consumer Disputes Redressal Commissions: State Consumer Disputes Redressal
Commission - Composition, Power, Procedure and Function; Who can file a complaint?
Grounds of filing a complaint; Limitation period; Procedure for filing and hearing of a
complaint; Disposal of cases, Relief/Remedy available; Temporary Injunction,
Enforcement of order, Appeal.
2.5 National Consumer Disputes Redressal Commissions: National Consumer Disputes
Redressal Commission- Composition, Power, Procedure and Function; Who can file a
complaint? Grounds of filing a complaint; Limitation period; Procedure for filing and
hearing of a complaint; Disposal of cases, Relief/Remedy available; Temporary
Injunction, Enforcement of order, Appeal.

Statutory Readings
Constitution of India- Article 21
Consumer Protection Act 2019- Ss-3-73 (Act No. 35 of 2019)
Judicial References
Buddhist Mission Dental College and Hospital vs. BhupeshKhurana (2009) 4 SCC 484
Charan Singh v. Healing Touch Hospital (2000) 7 SCC 668
D.K. Gandhi v. M. Mathias, III (2007) CPJ 337 (NC)
J.J. Merchant v. Srinath Chaturvedi, AIR2002SC2931
Mahindra and Mahindra Ltd. v. Union of India (1979) 2 SCC 529
Malay Kumar Ganguly v. Sukumar Mukherjee AIR 2010 SC 1162
Mr. France B. Martins v. Mrs. Mafalda Maria Teresa Rodrigues (1999) 6 SCC 627
State of Karnataka v. Vishwabarathi House Building Coop. Society, (2003) 2 SCC 412
Om Prakash v Assistant Engineer, Haryana Agro Industries Corp (1994) 3 SCC 504
Poonam Verma v. Ashwin Patel AIR 1996 SC 2111
Savita Gard v. Director, National Heart Institute (2004) 8 SCC 56
Spring Meadows Hospital v. Harjot Ahluwalia AIR 1998 SC 1806
State of Haryana v. Santra AIR 2000 SC 1888
Society of Catalysts New Delhi v. Star Plus AIR 2009(NOC) 703 (NC)
Star India v. Society of Catalysts New Delhi AIR 2020 SC 749
Transport Corporation of India vs. Veljan Hydrair (2007) 3 SCC 142
Compulsory readings
 Mittal R., Sonkar S & Kaur,P. “Regulating Unfair Trade Practices: An Analysis of
the Past and Present Indian Legislative Models”, Journal of Consumer Policy 39,
91-109 (2016) https://doi.org/10.1007/s10603-015-9302-8
 Verma, D.P.S. “Regulating Misleading Advertisements, Legal Provisions and
Institutional Framework”. Vikalpa. Vol. 26. No. 2. pp. 51-57.
 G.B.Reddy and Baglekar Akash Kumar, “CONSUMER PROTECTION ACT:
COMMENTARY”, First Edition 2021, EBC pubishing co. Lucknow, Pp 133-294
Suggested Readings
 Misra Suresh, (Aug 2017) Is the Indian Consumer Protected? Blog at One India
One People available at Is the Indian consumer protected? - One India One People
Foundation
 Kapoor Sheetal (2013) “Banking and the Consumer” Akademos (ISSN 2231-0584)
 Agarwal V.K., Consumer Protection (Law and Practice), Bharat Law House
Pvt.Ltd., 7th Edition 2016

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  Choudhary, Ram Naresh Prasad (2005). Consumer Protection Law Provisions
 E-books :- www.consumereducation.in Empowering Consumers e-book,
 E-books www.consumeraffairs.nic.in
 G. Ganesan and M. Sumathy. (2012). Globalisation and Consumerism: Issues
 Girimaji, Pushpa (2002). Consumer Right for Everyone Penguin Books.
 Khanna, Sri Ram, Savita Hanspal, Sheetal Kapoor, and H.K. Awasthi. (2007)
Consumer Procedure, Deep and Deep Publications Pvt Ltd.
 Rajyalaxmi Rao (2012), Consumer is King, Universal Law Publishing Company
 RamaswamyIyer’s,, Law of Torts, 10th Ed. 2007, PP 1005-103
 Ratanlal and Dhirajlal’s the Law of Torts’, 27th Ed. 2016, PP 715-757.
 Suresh Misra and Sapna Chadah (2012). Consumer Protection in India: Issues
Periodicals
 Consumer Protection Judgments (CPJ) (Relevant cases reported in various issues)
 Recent issues of magazines: International Journal on consumer law and practice,
National Law School of India University, Bengaluru
 ‘Consumer Voice’, Published by VOICE Society, New Delhi.

2.3 MODULE III: Mediation, Product liability and Offences (Teaching Hours- 12)
3.1 Consumer Mediation Cell: Establishment of Consumer Mediation Cell; Empanelment of
Mediators and Duties of mediators.
3.2 Mediation: Procedure to be followed in Mediation, Settlement through mediation and
passing of orders.
3.3 Product Liability Action: Liability of Product Manufacturer; Service Provider and of
Product seller, Exception to product Liability action.
3.4 Offences: Cognizance of offence and search.
3.5 Penalty: Penalty for non-compliance of orders; for false or misleading advertisement and
for dealing in adulterated product.

Statutory Readings
Consumer Protection Act, 2019(Ss 74-87) (Act No. 35 of 2019)

Judicial References
Skypack Couriers v. Tata Chemical Ltd. (2000)5 SCC294
Neeraj munjal v. Atual Grover (2005)5 SCC 411
Compulsory Readings
 G.B.Reddy and Baglekar Akash Kumar, CONSUMER PROTECTION ACT: A
COMMENTARY, First Edition 2021, EBC publishing co. Lucknow, Pp 295-324
 Sheetal Kapoor “MEDIATION AND CONSUMER PROTECTION”, 7 IJCLP
(2019) pp 74-84 available at http://www.scconline.com/
 A. Nagrathna, “CONSUMER PROTECTION ACT 2019 – A REVIEW OF
CRIMINAL SANCTIONS PROTECTING CONSUMERS”, International Journal
on Consumer Law And Practice Vol.8 pp 23-39
 Anirban Chakraborthy, “Curbing False or Misleading Advertisements in India:
Challenges and Solutions” INTERNATIONAL JOURNAL on COUNSUMER
LAW and PRACTICE (IJCLP) Vol. 4 2016.

Suggested Readings
 Agarwal V.K., Consumer Protection (Law and Practice), Bharat Law House Pvt.Ltd.,
7th Edition 2016

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  Choudhary, Ram Naresh Prasad (2005). Consumer Protection Law Provisions
 E-books :- www.consumereducation.in Empowering Consumers e-book
 G. Ganesan and M. Sumathy. (2012). Globalisation and Consumerism: Issues
 Girimaji, Pushpa (2002). Consumer Right for Everyone Penguin Books.
 Khanna, Sri Ram, Savita Hanspal, Sheetal Kapoor, and H.K. Awasthi. (2007)
Consumer Procedure, Deep and Deep Publications Pvt Ltd.
 Rajyalaxmi Rao (2012), Consumer is King, Universal Law Publishing Company
 Suresh Misra and Sapna Chadah (2012). Consumer Protection in India: Issues
 Ankoosh Mehta, Maitrayi Jain and Anushka Shah, ‘Advertisement to Misleading
Advertisement | Horlicks Ltd. v. Zydus Wellness Products’ Periodicals
 Consumer Protection Judgments (CPJ) (Relevant cases reported in various issues)
 Recent issues of magazines: International Journal on consumer law and practice,
National Law School of India University, Bengaluru
 ‘Consumer Voice’, Published by VOICE Society, New Delhi.

2.4 MODULE-IV NEGOTIABLE INSTRUMENTS ACT, 1881 (Teaching Hours- 06)

4.1 Object and important Definitions: Object and Nature of Negotiable Instrument,
Characteristics of Negotiable Instruments, Types of Negotiable Instruments, Parties, Rights
and Liability of parties.
4.2 Promissory Note: Transfer and Negotiation of Negotiable Instrument.
4.3 Bill of Exchange: Sale agreement, Method of Payment
4.4 Cheques: Provisions regulating dishonor of cheque, Presumption in favor of Holder and
Defences not allowed in prosecution under dishonor of cheque, Crossing, Presentment,
Payment and Dishonour of Cheque.
4.5 Endorsement: powers of court to try case summarily, Evidence of affidavit and offences
to be compoundable

Statutory Readings
Negotiable Instruments Act. 1881 (Act of 26 of 1881)

Judicial References
Ashok Yeshwant Badeve v. Surendra Madhavrao Nighojakar AIR 2001 SC 1315
Bapulal Premchand v. Nath Bank Ltd. AIR 1946 Bom. 482
C.C. Alavi Haji v. Palapetty Muhammed 2007 (7) SCALE 380
Canara Bank Ltd. v. I.V. Rajagopal (1975) 1 M.L.J. 420
Dalmia Cement (Bharat) Ltd. v. Galaxy Traders & Agencies Ltd. (2001) 6 SCC 463
AIR 2001 SC 676
Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9SCC129
Goaplast Pvt. Ltd. v. Chico Ursula D’ Souza AIR 2003 SC 2035
(2003) 9 SCALE 791
Great Western Rail Co. v. London & County Banking Co. Ltd. (1900-3) All ER Rep.1004
(HL)
Indian Overseas Bank v. Industrial Chain Concern (1990)1 SCC 484
Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd. (2000) 2 S CC 745
AIR 2000 SC 954
Lachmi Chand v. Madanlal Khemka AIR 1947 All. 52
Laxmi Dyechem v. State of Gujarat (2012) 13SCC375

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London Joint Stock Bank, Ltd. v. Macmillan (1918-19) All ER Rep. 30
M/s. Tailors Priya v. M/s. Gulabchand Danraj IR 1963 Cal. 36
MMTC Ltd. v. Medchl Chemicals & Pharma (P) Ltd. AIR 2002 SC 182
Modi Cements Ltd. v. Kuchil Kumar Nandi (1998) 3 SCC 249
Mohammad Akbar Khan v. Attar Singh AIR 1936 PC 171
Nunna Gopalan v. Vuppuluri Lakshminarasamma AIR 1940 Mad. 631
Ponnuswami Chettiar v. P. Vellaimuthu Chettiar AIR 1957 Mad. 355
Rangappa v. Sri. Mohan (2010) 11SCC441
S.D. Asirvatham v. G. Palniraju Mudaliar AIR 1973 Mad. 439
Shivalingappa v. P.B. Puttappa AIR 1971 Mys. 273
Singheshwar Mandal v. Gita Devi AIR 1975 Pat. 81
U. Ponnappa Moothan Sons v. Catholic Syrian Bank Ltd. (1991) 1 SCC 113

Compulsory Readings
 Tannan, M. L., (2013), Banking Law and Practice, Nagpur, 23rd edition, Wadhwa &
Company

Suggested Readings
 Bimal Patel. JabbalD. And Motiyani P, BANKING LAW AND NEGOTIABLE
INSTRUMENTS ACT, First edition 2015, EBCLucknow pp 169-341.
 P. Vasantha Kumar, BANKING AND NEGOTIABLE INSTRUMENTS: LAW AND
PRACTICE, First edition 2020, EBC Lucknow PP 279-488.
 S. N Gupta
 M.L.Tonal

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