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Consumer Protection Act (1)

The Consumer Protection Act, 2019 aims to safeguard consumers from unfair market practices and provides mechanisms for dispute resolution and compensation. It establishes Consumer Protection Councils at national, state, and district levels to promote consumer rights and education, while also addressing e-commerce transactions. The Act outlines consumer rights, defines unfair trade practices, and sets jurisdictional guidelines for handling complaints, ensuring timely resolution and protection of consumer interests.

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0% found this document useful (0 votes)
4 views8 pages

Consumer Protection Act (1)

The Consumer Protection Act, 2019 aims to safeguard consumers from unfair market practices and provides mechanisms for dispute resolution and compensation. It establishes Consumer Protection Councils at national, state, and district levels to promote consumer rights and education, while also addressing e-commerce transactions. The Act outlines consumer rights, defines unfair trade practices, and sets jurisdictional guidelines for handling complaints, ensuring timely resolution and protection of consumer interests.

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samuelrajbula
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We take content rights seriously. If you suspect this is your content, claim it here.
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Consumer protection is the practice of safeguarding buyers of goods and services against unfair

practices in the market. It refers to the steps adopted for the protection of consumers from corrupt
and unscrupulous malpractices by the sellers, manufacturers, service providers, etc. and to
provide remedies in case their rights as a consumer have been violated. The intention of the
Parliament behind enacting the Act was to include provisions for e-consumers due to the
development of technology, buying and selling of goods and services online have considerably
increased during the last few years.
The Act seeks to provide better protection of the rights and interests of the consumers by
establishing Consumer Protection Councils to settle disputes in case any dispute arises and to
provide adequate compensation to the consumers in case their rights have been infringed. It
further provides speedy and effective disposal of consumer complaints through alternate dispute
resolution mechanisms. The Act also promotes consumer education in order to educate the
consumer about their rights, responsibilities and also redressing their grievances.

‘consumer’
A consumer is an individual or group of individuals who purchase goods and services for their own
personal use and not for the purpose of manufacturing or resale. Section 2(7) of the Consumer
Protection Act, 2019 defines a consumer as any person who buys goods or services in exchange for
consideration and utilises such goods and services for personal use and for the purpose of resale
or commercial use. In the explanation of the definition of consumer, it has been distinctly stated
that the term ‘buys any goods’ and ‘hires or avails any services’ also includes all online
transactions conducted through electronic means or direct selling or teleshopping or multi-level
marketing.
The main objective of the Act is to protect the interests of the consumers and to establish a
stable and strong mechanism for the settlement of consumer disputes. The Act aims to:
1.Protect against the marketing of products that are hazardous to life and property.
2.Inform about the quality, potency, quantity, standard, purity, and price of goods to safeguard
the consumers against unfair trade practices.
3.Establish Consumer Protection Councils for protecting the rights and interests of the
consumers.
4.Assure, wherever possible, access to an authority of goods at competitive prices.
5.Seek redressal against unfair trade practices or unscrupulous exploitation of consumers.
6.Protect the consumers by appointing authorities for timely and sufficient administration and
settlement of consumers’ disputes.
7.Lay down the penalties for offences committed under the Act.
8.Hear and ensure that consumers’ welfare will receive due consideration at appropriate forums
in case any problem or dispute arises.
9.Provide consumer education, so that the consumers are able to be aware of their rights.
10.Provide speedy and effective disposal of consumer complaints through alternate dispute
resolution mechanisms.
1.The right of a consumer to be protected from the marketing of goods and services that are
hazardous and detrimental to life and property.
2.The right of a consumer to be protected against unfair trade practices by being aware of the
quality, quantity, potency, purity, standard and price of goods, products or services.
3.The right of a consumer to have access to a variety of goods, services and products at
competitive prices.
4.The right to seek redressal at respective forums against unfair and restrictive trade practices.
5.The right to receive adequate compensation or consideration from respective consumer forums
in case they have been wronged by the seller.
6.The right to receive consumer education

Section 2(47) of the Consumer Protection Act, 2019 defines the term ‘unfair trade practices’ which
include:
Manufacturing spurious goods or providing defective services.
Not issuing cash memos or bills for the goods purchased or services rendered.
Refusing to take back or withdraw the goods or services and not refunding the consideration
taken for the purchase of the goods or services.
Disclosing the personal information of the consumer
The changes that were incorporated with the enactment of the Consumer Protection Act, 2019 are:
1.The District Commissions will have the jurisdiction to entertain complaints where the value of the goods, services or products
paid as consideration to the seller does not exceed 50 lakh rupees.
2.State Commissions will have the jurisdiction to entertain complaints where the value of the goods, services or products paid as
consideration to the seller exceeds 50 lakh rupees but does not exceed two crore rupees.
3.The National Commission will have the jurisdiction to entertain complaints where the value of the goods, services or products
paid as consideration to the seller exceeds two crore rupees.
4.The Act further states that every complaint concerning consumer dispute shall be disposed of as expeditiously as possible. A
complaint filed under this Act shall be decided within the period of three months from the date of receipt of notice by the
opposite party in the cases the complaint does not require analysis or testing of the goods and services and within a period of 5
months, if it requires analysis or testing of the goods and services.
5.The Consumer Protection Act, 2019 also facilitates the consumers to file complaints online. In this regard, the Central
Government has set up the E-Daakhil Portal, which provides a convenient, speedy and inexpensive facility to the consumers all
over India so that they are able to approach the relevant consumer forums in case of any dispute arises.
6.The Act lays down the scope for e-commerce and direct selling.
7.The Consumer Protection Act, 2019 lays down provisions for mediation and alternative dispute resolution so that the parties
are able to dispose of the case conveniently without going through the trouble of litigation.
8.The Consumer Protection Act, 2019 contains provisions for product liability, unfair contracts and it also includes three new
unfair trade practices. In contrast, the old Act just stated six types of unfair trade practices.
9.The Act of 2019 acts as the advisory body for the promotion and protection of consumer rights.
10.Under the Consumer Protection Act, 2019 there is no scope for selection committees, the Act authorises the Central
Government to appoint the members.
Therefore, with the changes in the digital era, the Indian Parliament enacted and brought the Consumer Protection Act, 2019 in
force to include the provisions for e-commerce as digitalization has facilitated convenient payment mechanisms, variety of
choices, improved services, etc.
Consumer Protection Councils
The Act establishes consumer protection councils to protect the rights of the consumers at both the national and
state levels.
Central Consumer Protection Council
Under Chapter 2 Section 3 of the Consumer Protection Act, 2019 the Central Government shall establish the
Central Consumer Protection Council which is known as the Central Council. It is an advisory body and the Central
Council must consist of the following members;
1.The Minister-in-charge of the Department of Consumer Affairs in the Central Government will be appointed as
the chairperson of the council, and
2.Any number of official or non-official members representing necessary interests under the Act.
The Central Council may meet as and when necessary, however, they must hold at least one meeting every year.
The purpose of the Central Council is to protect and promote the interests of the consumers under the Act.
State Consumer Protection Councils
Every state government shall establish a State Consumer Protection Council known as the State Council having
jurisdiction over that particular state. The State Council acts as an advisory body. The members of the State
Council are:
3.The Minister-in-charge of the Consumer Affairs in the State Government will be appointed as the chairperson of
the council,
4.Any number of official or non-official members representing necessary interests under the Act, and
5.The Central Government may also appoint not less than ten members for the purposes of this Act.
The State Councils must hold at least two meetings every year.
District Consumer Protection Council
Under Section 8 of the Act, the state government shall establish a District Consumer Protection Council for every
district known as the District Council. The members of the District Council are:
6.The collector of that district will be appointed as the Chairperson of the District Council, and
7.Any other members representing necessary interests under the Act.
Central Consumer Protection Authority
The Central Government shall establish a Central Consumer Protection Authority which is known
as the Central Authority under Section 10 of the Consumer Protection Act, 2019, to regulate
matters relating to violation of the rights of consumers, unfair trade practices and false or
misleading advertisements which are prejudicial to the interests of the public and consumers and
to promote, protect and enforce the rights of consumers. The Central Government will appoint
the Chief Commissioner and the other Commissioners of the Central Authority as required under
the Act.
The Central Authority must have an ‘Investigative Wing’ under Section 15 of the Act to conduct
an inquiry or investigation. The investigative wing must comprise of the Director-General and the
required number of Additional Director-General, Director, Joint Director, Deputy Director and
Assistant Director possessing the required experience and qualifications to carry out the
functions under this Act.
Functions and duties of the Central Authority
The functions and responsibilities of the Central Authority are laid down in Section 18 of the Act
which includes;
1.To protect and promote the rights of the consumers as a class and to prevent violation of
consumer rights,
2.To prevent unfair trade practices,
3.To ensure no false or misleading advertisements regarding any goods or services are promoted,
4.To ensure no person takes part in false or misleading advertisements,
5.Inquire or investigate in cases of violation of consumer rights or unfair trade practices.
6.File complaints before the National, State or District Commission as the case may be,
7.To review matters relating to the factors hindering the enjoyment of consumer rights.
8.To recommend the adoption of international covenants and best international practices
concerning consumer rights
9.Promote research and awareness of consumer rights.
10.Lay down necessary guidelines to prevent unfair trade practices and protect the interests of the
consumers.

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