RNI No. MAHBIL/2009/31733
notifications · 2019 · State unknown
Parent: THE CONSUMER PROTECTION ACT, 2019 (2174bd67f1e95992eed3df2cdcb6cf194615ac0f)
Text
Rule TOC
15 · "Cooling-off Period" , means the duration of time counted from the date when the direct seller and the direct selling entity enter into an agreement under Clause 4 and ending with date on which the contract is to be performed and within Which the direct seller may repudiate the agreement without being subject to penalty for breach of contract; 16. "Pyramid Scheme" , means a multi layered network of subscribers to a scheme formed by subscribers enrolling one or more subscribers in order to receive any benefit;, directly or
19 · "State" means State of Maharashtra:
4 · Provide the following information to the prospect/ Consumers at the time of sale, namely (a) Name, address, registration number or enrollment number; identity proof and telephone number of the direct seller and details of direct selling entity; (b) A_ description of the goods or services to be supplied; (c) Explain to the consumer about the goods return policy of the company in the details before the transaction; The Order date, the total amount to be paid by the consumer along with the bill and receipt; (e) Time and place for inspection of the sample and delivery of good; Information of his/her rights to cancel the order and /or to return the product in saleable condition and avail full refund on sums paid; (g) Details regarding the complaint redressal mechanism 5. A direct seller shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods sold by him/her; in such form as per applicable law 6. A direct seller shall not
3 · AIl complaints received over phone, email; website , pose and walk-in should have a complaint number for tracing and tracking the complaint and record time taken for redressal; 4. Every Direct Selling company shall constitute a Grievance Redressal Committee whose composition, nature of responsibilities shall include but not limited to (a) The Grievance Redressal Committee shall consist of at least three officers of the Direct Selling entity; (b) The Grievance Redressal Committee shall address Complaints and inform complainants of any action taken (c) Complaints may be made by any member of the general public against a Direct Seller of the company, an employee or any other officer of the entity (d) AIl such grievances will be resolved directly by the Direct Selling Entity 5. The direct seller shall provide information to the consumer upon purchase which shall contain; (a) the name of the purchaser and seller (b) the delivery date of goods or services (c) procedures for returning the goods and (d) warranty of the goods and exchangel replacement of goods in case of defect provided that no Direct Seller shall, in pursuance of a sale, make any claim that is not consistent with claims authorized by the Direct Selling Entity;
6 · Any person who sells or offers for sale, including on an e-commerce platform/ marketplace, any product or service of a Direct Selling Entity must have prior written consent from the respective Direct Selling Entity in order to undertake or solicit such sale or offer: Clause 8 Prohibition of Pyramid Scheme & Money Circulation Scheme: 1_ No person or entity shall promote a Pyramid Scheme, as defined in Clause 1(15) or enroll any person to such scheme or participate in such arrangement in any manner whatsoever in the garb of doing Direct Selling business: 2. No person or entity will participate in Money Circulation Scheme, as defined in Clause 1(16) in the garb of Direct Selling of Business Opportunities: Clause 9 Conditions to be fulfilled for Registration by Directed Selling Entity: ~(1) Direct Selling Entity should have its' registered local office address and the same address should be mentioned in all correspondence. (2) Direct Selling Entity should be registered in India. In case of Foreign Company, it should have proper permission/ registration of the Competent Authority in India. (3) Direct Selling Entity should submits its' Balance Sheets at least for previous 3 years to the Competent Authority while getting registered for Direct Selling Business: New Direct Selling Entities i.e entities old less than 3 years, should submit affidavit about financial condition of their business at the time of registration: (4) Direct Selling Entity should comply with all the norms pertaining to the laws and rules made under Companies Act; Income Tax Act, Goods and Services Tax; Provident Fund etc. (5) Direct Seller should be an Indian Citizen, not below the age of 21 Years Clause 10 Appointment of Monitoring Authority:=1. The Nodal department to deal with issues related to Direct Selling will be the Department of Consumer Affairs at the Union and in the State of Maharashtra will be Legal Metrology organization under Department of Food and Civil Supply and Consumer Protection of State of Maharashtra
2 · The Legal Metrology Organization of State of Maharashtra will set up a mechanism to monitorlsupervise the activities of Direct Sellers, Direct Selling Entity regarding compliance of the guidelines for Direct Selling 3 Any Direct Selling entity conducting direct selling activities shall submit an undertaking to the Controller of Legal Metrology, Maharashtra State, stating that it is in compliance with these guidelines and shall also provide such details of its incorporation and other business details as may be notified from time to time