4. Consumer Claims, and for matters connected therewith. (d) the service did not conform to express warranty or the terms and conditions of the contract. In this Act, unless the context otherwise requires,—. (1) This Act may be called the Consumer Protection Act, 2019. (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,—, (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or, (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or, (c) the cause of action, wholly or in part, arises; or, (d) the complainant resides or personally works for gain. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973. (1) Where the Central Authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order. (4) Every consumer mediation cell shall maintain—. 94. (5) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Central Authority or an officer of the Central Authority empowered in this behalf shall be deemed to amount to an acquittal within the meaning of the Code of Criminal Procedure, 1973. (4) Where the Central Authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees. 41. previously compounded, shall be deemed to be a first offence. The President and every other member appointed immediately before the commencement of section 177 of the Finance Act, 2017 shall continue to be governed by the provisions of the Consumer Protection Act, 1986 and the rules made thereunder as if this Act had not come into force. (2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, for search and seizure under this Act. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—. (2) The officers and other employees of the District Commission shall discharge their functions under the general superintendence of the President of the District Commission. The Ministry of Consumer Affairs, food and public distribution on 15 July 2020 notified the passed Consumer Protection Bill, 2019 to replace the long-existing Consumer Protection Act, 1986. 101. Where the Central Authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pass such order as may be necessary, including—. (c) the number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6; (d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub-section (4) of section 6; (e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8; (f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub-section (4) of section 8; (g) the number of members of the District Commission under clause (b) of sub-section (2) of section 28; (h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30; (i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33; (j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38; (k) the manner of depositing fifty per cent. Short title, extent, commencement and application. Appeal against order of District Commission. 5. 87. (iv) any loss of consortium or services or other loss resulting from a harm referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii), but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto; (23) “injury” means any harm whatever illegally caused to any person, in body, mind or property; (24) “manufacturer” means a person who—, (ii) assembles any goods or parts thereof made by others; or. (1) The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State. (2) The Central Government may appoint a Director-General and such number of Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director, from amongst persons who have experience in investigation and possess such qualifications, in such manner, as may be prescribed. (vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage; (47) “unfair trade practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—, (i) making any statement, whether orally or in writing or by visible representation including by means of electronic record, which—. (4) The Director-General may delegate all or any of his powers to the Additional Director-General or Director, Joint Director or Deputy Director or Assistant Director, as the case may be, while conducting inquiries or investigations under this Act. (1) The Central Authority shall prepare once in every year, in such form, manner and at such time as may be prescribed, an annual report giving full account of its activities during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the Central Government. (10) Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, and the District Commission shall be deemed to be a criminal court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (a) any personal, professional or financial interest in the outcome of the consumer dispute; (b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and. (1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. 103. 88. (1) The State Government shall provide the District Commission with such officers and other employees as may be required to assist the District Commission in the discharge of its functions. (1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction—. (2) There shall be a monitoring cell to be constituted by the President of the National Commission to oversee the functioning of the State Commissions from the administrative point of view. (2) This Act shall came into operation on a date to be appointed by (b) such number of other official or non-official members representing such interests as may be prescribed. (1) The District Commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaint. (2) The decision of the Central Government whether a question is one of policy or not shall be final. It shall be the duty of the mediator to disclose—. This Act was upgraded in 2019. N O. (3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be: Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice. (1) The State Government shall, by notification, establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district of the State: Provided that the State Government may, if it deems fit, establish more than one District Commission in a district. On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires. (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. (4) The District Council shall meet at such time and place within the district as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. (2) Where the complaint relates to any goods, the District Commission shall,—. Vacancy in office of member of District Commission. (3) In an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. Vacancy, etc., not to invalidate proceedings of Central Authority. Other officers and employees of National Commission. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Central Authority may, for any of the purposes aforesaid,—. The Central Government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission. Corporate Bodies can be sued under the Consumer Protection Act Salaries, allowances and other terms and conditions of service of President and members of State Commission. 74. The Consumer Protection Act 2019 will be more holistic and stringent after rules are framed to protect the interest of the consumers, Union Minister for Consumer Affairs, Food and Public distribution, Ram Vilas Paswan said at a press conference today. of the amount before filing appeal, under sub-section (1) of section 51; (z) the number of members of the National Commission under clause (b) of section 54; (za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission under sub-section (1) of section 55; (zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the National Commission under sub-section (3) of section 57; (zc) the other value of goods and services in respect of which the National Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 58; (zd) the manner of depositing fifty per cent. When the office of President of the National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the National Commission: Provided that where a retired Judge of a High Court or a person who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the National Commission in the absence of President of that Commission. 40. Review by District Commission in certain cases. 35 OF2019 [9th August, 2019.] (a) the order made by the District Commission to the State Commission; (b) the order made by the State Commission to the National Commission; and. of the amount before filing appeal under second proviso to section 41; (l) the number of members of the State Commission under sub-section (3) of section 42; (m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44; (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46; (o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70; (p) the persons in the consumer mediation cell under sub-section (3) of section 74; (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules. (4) The accounts of the Central Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government which shall cause the same to be laid before each House of Parliament. The Consumer Protection Act, 2019 came into force from 20th July,2020. (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction—. [19th November, 2019] Be it enacted by the Oireachtas as follows: Definition. (d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees. The District Commission, the State Commission or the National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involved. 29. 50. Review by State Commission in certain cases. 32. (12) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the District Commission shall be such as may be prescribed. 19. Power of National Commission to make regulations.Â. (11) Where the complainant is a consumer referred to in sub-clause (v) of clause (5) of section 2, the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Commission thereon. 35 OF 2019 [9th August, 2019.] (3) The District Commission shall, if the complaint admitted by it under sub-section (2) of section 36 relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or if the complaint relates to any services,—. A product seller who is not a product manufacturer shall be liable in a product liability action, if—, (a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or, (b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or, (c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or, (d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or. (1) The Central Authority shall regulate the procedure for transaction of its business and allocation of its business amongst the Chief Commissioner and Commissioners as may be specified by regulations. (d) any other information as may be specified by regulations. Designation of any statutory authority or body to function as  Central Authority. The answers are also given for your reference. (8) The Central Authority shall give the person an opportunity of being heard before an order under this section is passed. Consumer Protection Act, 2019 is a law to protect the interests of the consumers. 78. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods. (2) Without prejudice to the generality of the foregoing power, such rules may provide for, —. The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order. (2) Every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed. Objective- It will empower consumers and help them in protecting their rights through its various notified Rules and provisions. (c) any irregularity in the procedure of the Central Authority not affecting the merits of the case. 10. of the value of such defective goods sold or service provided, as the case may be, to such consumers; (l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement; (m) to provide for adequate costs to parties; and. (5) An appeal may lie to the National Commission under this section from an order passed ex parte by the State Commission. (a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees; (b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees; (c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; and. Manner in which complaint shall be made. (3) The panel of mediators prepared under sub-section (1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re-empanelment for another term, subject to such conditions as may be specified by regulations. Section 2 (34) of the Consumer Protection Act, 2019 states that: "product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto; (6) No person shall be liable to such penalty if he proves that he had published or arranged for the publication of such advertisement in the ordinary course of his business: Provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the Central Authority for withdrawal or modification of such advertisement. (2) Save as otherwise expressly provided under this Act or by any other law for the time being in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Commission, if the National Commission is satisfied that the case involves a substantial question of law. Where the National Commission or the State Commission, as the case may be, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the National Commission or the State Commission, as the case may be. Power of Central Government to make rules. Amendment of the Data Protection Act 2018. (3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product. Power of Central Authority to recall goods, etc. 81. (1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means. Power of Central Consumer Protection Act, 2019 got the President’s nod on August 2019 ]. 48/2020-Customs ( ADD ), Dated: 30.12.2020, Notification NO is to be, by. The old law and to provide for, — promotion and Protection of the interests of the Republic India. On December 24, 1986 the legislation is catching up with modern techniques and the... Representing such interests as may be prescribed [ 19th November, 2019 is definitely a step towards a more legislation! 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