Consumer Protection Act, 2019 Overview

Consumer Protection Act, 2019

• Short Title: The Consumer Protection Act, 2019
• Extent: Applies to all of India except Jammu and Kashmir
• Commencement: Effective on a date notified by the Central Government. Different dates may be set for different parts of the Act and different states.
• Application: Applies to all goods and services (unless otherwise specified)

Chapter I: Preliminary

• Definitions: Defines key terms like "advertisement," "appropriate laboratory," "branch office," "complainant," "complaint," "consumer," "defect," "deficiency," "design," "direct selling," "consumer dispute," "consumer rights," and others. Detailed definitions are provided for each.

Chapter II: Consumer Protection Councils

• Central Consumer Protection Council: An advisory council established by the Central Government.
• Meetings: The council holds meetings at least once a year, as prescribed.
• Objects: To advise on the promotion and protection of consumer rights.
• State Consumer Protection Councils: Advisory councils established by each State Government.
• Objects: to advise on the promotion and protection of consumer rights in their respective states.
• District Consumer Protection Councils: Advisory councils established by State Governments for each district.
• Objects: to advise on the promotion and protection of consumer rights in their district.

Chapter III: Central Consumer Protection Authority

• Establishment: The Central Government establishes the Central Consumer Protection Authority (Central Authority).
• Qualifications/Recruitment: Rules governing qualifications, recruitment procedures, terms of office, salaries, allowances, and other conditions of service for the Chief Commissioner and Commissioners are established.
• Vacancies/Invalid Proceedings: Vacancies or defects in the constitution or appointment of the authority do not invalidate its proceedings.
• Officers/Employees: The Central Authority hires officers, experts, and employees as needed.

Chapter IV: Consumer Disputes Redressal Commission

• District Consumer Disputes Redressal Commission (District Commission): Established by State Governments for each district

• President/Members: Qualifications, appointment procedures, terms, and conditions of service for the President and members are outlined.

• Salaries/Allowances: State Governments establish rules for salaries, allowances, and other terms and conditions of service for the President and members of these District Commissions.

• State Consumer Disputes Redressal Commission (State Commission): Established by the State Governments.

• President/Members Qualifications, appointment procedures, terms, and conditions of service are outlined for the President and members of the State Commission.

• Salaries/Allowances: State Governments establish rules for salaries and allowances for the president and members.

• National Consumer Disputes Redressal Commission (National Commission): Established by the Central Government.

• President/Members: Qualifications, appointment, terms and conditions are outlined for the President and members of the National Commission

• Procedure of Commissions: Rules for all actions from admission to execution of order are prescribed for all three levels to ensure proper proceedings.

• Jurisdiction: The jurisdiction of each level of commission (district, state, national) is defined based on the value of goods/services

Chapter V: Mediation

• Establishment of Consumer Mediation cells: At District, State, and National levels
• Panel of Mediators: Qualified mediators are appointed to mediate disputes
• Procedure for Mediation: Mediation timelines and procedures are clearly outlined
• Settlement: Agreements reached through mediation are transcribed to be legally binding

Chapter VI: Product Liability

• Application: Explains when this chapter applies—complaints regarding defective goods
• Liability of Manufacturers: Manufacturers are responsible for harm caused by flaws in design, manufacture, or if the product doesn't meet its advertised or legally required specifications.
• Liability of Service Providers: Defines circumstances where service providers are liable for harm.
• Liability of Sellers: Sellers are also liable in certain cases where they've exerted substantial control over manufacture, modified the product or if the manufacturer is unknown to the purchaser.
• Exceptions to Product Liability Action: Provides exceptions to liability in specific scenarios

Chapter VII: Offences and Penalties

• Penalties for Non-Compliance: Specifies punishments for failing to comply with directions by the Central Authority.
• False/Misleading Advertising Penalties: Punishments for causing false/misleading advertisements are defined, with escalating penalties for repeat offenses
• Adulterant Products Penalties: Penalties for manufacturing, storing, selling, or importing products containing adulterants
• Spurious Products Penalties: Penalties are defined for manufacturing, storing, selling, or importing spurious products.

Chapter VIII: Miscellaneous

• Measures to Prevent Unfair Trade Practices: This gives the Central Government the power to take action to stop unfair trade practices.
• Public Servants: Clarifies which officers and officials are considered public servants under the Act.
• Compounding of Offences: Some offenses can be resolved with monetary payments
• Protection for Good Faith Actions: Protects those acting in good faith, under the Act, from legal persecution.
• Rules/Regulations: The Central Government, and in certain cases, state governments have the power to establish regulations.
• Other Measures: Powers and responsibilities of the Central Government and others are elaborated for dealing with potential irregularities and enforcing the Act.

Chapters IX-XII: Further Chapters

• The remaining chapters (likely IX to XII) are not detailed, and the information provided above is the extent of the summary contained within the document provided.