The Consumer Protection Act, 2019

The Consumer Protection Act, 2019 is a legislation that aims to safeguard the rights of consumers and promote their welfare.

Consumer ProtectionConsumer RightsComplaintsMisleading AdvertisementsClass-action SuitsCentral Consumer Protection AuthorityFair TradeCompetitionE-commerceTelecommunication Services

Summary

The Consumer Protection Act, 2019 is a significant improvement over the previous Act, which was in place since 1986. This new Act provides consumers with several additional rights and remedies, including the ability to file complaints electronically, seek compensation for false or misleading advertisements, and initiate class-action suits against errant companies. It also establishes a Central Consumer Protection Authority to investigate and enforce consumer rights and penalties for misleading advertisements. The Act aims to promote fair trade and competition while protecting the interests of consumers. It covers a wide range of goods and services, including e-commerce transactions and telecommunication services.

Section 1 : Short title, extent, commencement and application

Section 2 : Definitions

Section 3 : Central Consumer Protection Council

Section 4 : Procedure for meetings of Central Council

Section 5 : Objects of Central Council

Section 6 : State Consumer Protection Councils

Section 7 : Objects of State Council

Section 8 : District Consumer Protection Council

Section 9 : Objects of District Council

Section 10 : Establishment of Central Consumer Protection Authority

Section 11 : Qualifications, method of recruitment, etc, of Chief Commissioner and Commissioners

Section 12 : Vacancy, etc, not to invalidate proceedings of Central Authority

Section 13 : Appointment of officers, experts, professionals and other employees of Central Authority

Section 14 : Procedure of Central Authority

Section 15 : Investigation Wing

Section 16 : Power of District Collector

Section 17 : Complaints to authorities

Section 18 : Powers and functions of Central Authority

Section 19 : Power of Central Authority to refer matter for investigation or to other Regulator

Section 20 : Power of Central Authority to recall goods, etc

Section 21 : Power of Central Authority to issue directions and penalties against false or misleading advertisements

Section 22 : Search and seizure

Section 23 : Designation of any statutory authority or body to function as Central Authority

Section 24 : Appeal

Section 25 : Grants by Central Government

Section 26 : Accounts and audit

Section 27 : Furnishing of annual reports, etc

Section 28 : Establishment of District Consumer Disputes Redressal Commission

Section 29 : Qualifications, etc, of President and members of District Commission

Section 30 : Salaries, allowances and other terms and conditions of service of President and members of District Commission

Section 31 : Transitional provision

Section 32 : Vacancy in office of member of District Commission

Section 33 : Officers and other employees of District Commission

Section 34 : Jurisdiction of District Commission

Section 35 : Manner in which complaint shall be made

Section 36 : Proceedings before District Commission

Section 37 : Reference to mediation

Section 38 : Procedure on admission of complaint

Section 39 : Findings of District Commission

Section 40 : Review by District Commission in certain cases

Section 41 : Appeal against order of District Commission

Section 42 : Establishment of State Consumer Disputes Redressal Commission

Section 43 : Qualifications, etc, of President and members of State Commission

Section 44 : Salaries, allowances and other terms and conditions of service of President and members of State Commission

Section 45 : Transitional provision

Section 46 : Officers and employees of State Commission

Section 47 : Jurisdiction of State Commission

Section 48 : Transfer of cases

Section 49 : Procedure applicable to State Commission

Section 50 : Review by State Commission in certain cases

Section 51 : Appeal to National Commission

Section 52 : Hearing of appeal

Section 53 : Establishment of National Consumer Disputes Redressal Commission

Section 54 : Composition of National Commission

Section 55 : Qualifications, etc, of President and members of National Commission

Section 56 : Transitional provision

Section 57 : Other officers and employees of National Commission

Section 58 : Jurisdiction of National Commission

Section 59 : Procedure applicable to National Commission

Section 60 : Review by National Commission in certain cases

Section 61 : Power to set aside ex parte orders

Section 62 : Transfer of cases

Section 63 : Vacancy in office of President of National Commission

Section 64 : Vacancies or defects in appointment not to invalidate orders

Section 65 : Service of notice, etc

Section 66 : Experts to assist National Commission or State Commission

Section 67 : Appeal against order of National Commission

Section 68 : Finality of orders

Section 69 : Limitation period

Section 70 : Administrative control

Section 71 : Enforcement of orders of District Commission, State Commission and National Commission

Section 72 : Penalty for non-compliance of order

Section 73 : Appeal against order passed under section 72

Section 74 : Establishment of consumer mediation cell

Section 75 : Empanelment of mediators

Section 76 : Nomination of mediators from panel

Section 77 : Duty of mediator to disclose certain facts

Section 78 : Replacement of mediator in certain cases

Section 79 : Procedure for mediation

Section 80 : Settlement through mediation

Section 81 : Recording settlement and passing of order

Section 82 : Application of Chapter

Section 83 : Product liability action 84 Liability of product manufacturer

Section 84 : Liability of product manufacturer

Section 85 : Liability of product service provider

Section 86 : Liability of product sellers

Section 87 : Exceptions to product liability action

Section 88 : Penalty for non-compliance of direction of Central Authority

Section 89 : Punishment for false or misleading advertisement

Section 90 : Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant

Section 91 : Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods

Section 92 : Cognizance of offence by court

Section 93 : Vexatious search

Section 94 : Measures to prevent unfair trade practices in e-commerce, direct selling, etc

Section 96 : Compounding of offences

Section 97 : Manner of crediting penalty

Section 95 : Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants

Section 98 : Protection of action taken in good faith

Section 99 : Power to give directions by Central Government

Section 100 : Act not in derogation of any other

Section 101 : Power of Central Government to make rules

Section 102 : Power of State Government to make rules

Section 103 : Power of National Commission to make regulations

Section 104 : Power of Central Authority to make regulations

Section 105 : Rules and regulations to be laid before each House of Parliament

Section 106 : Power to Remove Difficulties

Section 107 : Repeal and savings

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