Law Assignment
Law Assignment
Law Assignment
authority
The proposed authority will be a lean body with a Chief Commissioner as head, and only
two other commissioners as members — one of whom will deal with matters relating to
goods while the other will look into cases relating to services.
It will be headquartered in the NCR of Delhi but the central government may set up
regional offices in other parts of the country.
The CCPA will have an Investigation Wing that will be headed by a Director General.
District Collectors too, will have the power to investigate complaints of violations of
consumer rights, unfair trade practices, and false or misleading advertisements.
Power of CCPA
Under Section 20 of The Consumer Protection Act, the proposed authority will have powers
to:
recall goods or withdrawal of services that are “dangerous, hazardous or unsafe;
pass an order for refund the prices of goods or services so recalled to purchasers of such
goods or services and
discontinuation of practices which are unfair and prejudicial to consumer’s interest
For search and seizure, the CCPA will have similar powers given under the provisions of
The Code of Criminal Procedure, 1973.
While conducting an investigation after preliminary inquiry, officers of the CCPA’s
Investigation Wing will have the powers to enter any premise and search for any document
or article, and to seize these.
For manufacture, selling, storage, distribution, or import of adulterated products, the penalties
are:
If injury is not caused to a consumer, fine up to Rs 1 lakh with imprisonment up to six
months;
If injury is caused, fine up to Rs 3 lakh with imprisonment up to one year;
If grievous hurt is caused, fine up to Rs 5 lakh with imprisonment up to 7 years;
In case of death, fine of Rs 10 lakh or more with a minimum imprisonment of 7 years,
extendable to imprisonment for life.
Deal with false or misleading advertisements
Section 21 of the new Act defines the powers given to the CCPA to crack down on false or
misleading advertisements.
The CCPA may order investigation that any advertisement is false or misleading and is
harmful to the interest of any consumer, or is in contravention of consumer rights.
If dissatisfied, the CCPA may issue directions to the trader, manufacturer, endorser,
advertiser, or publisher to discontinue such an advertisement, or modify it in a manner
specified by the authority, within a given time.
Penalties
The authority may also impose a penalty up to Rs 10 lakh, with imprisonment up to two
years, on the manufacturer or endorser of false and misleading advertisements.
The penalty may go up to Rs 50 lakh, with imprisonment up to five years, for every
subsequent offence committed by the same manufacturer or endorser.
CCPA may ban the endorser of a false or misleading advertisement from making
endorsement of any products or services in the future, for a period that may extend to one
year.
The ban may extend up to three years in every subsequent violation of the Act.
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