Consumer Protection Act, 2019 Overview
45 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is required for an individual to be appointed as an Additional Director-General?

  • An advanced degree in public administration
  • Experience in management and administrative roles
  • Experience in investigation and appropriate qualifications (correct)
  • A background in consumer rights law

    • Who has the authority to delegate powers during inquiries or investigations?

  • Central Authority
  • Director-General (correct)
  • District Collector
  • Regional Commissioner

    • What type of complaints can the District Collector investigate?

  • Individual fraud cases setup by private entities
  • General consumer feedback on product quality
  • Corporate disputes regarding trade practices
  • Complaints regarding violations of rights of consumers as a class (correct)

    • What form can complaints regarding consumer rights violations take?

    <p>Either written or electronic mode</p> Signup and view all the answers

    To whom does the Director-General submit inquiries or investigation reports?

    <p>The Central Authority</p> Signup and view all the answers

    What is the primary purpose of the Consumer Protection Act, 2019?

    <p>To protect the interests of consumers and settle disputes.</p> Signup and view all the answers

    Which of the following is NOT a punishment specified under the Consumer Protection Act, 2019?

    <p>Punishment for breach of contract.</p> Signup and view all the answers

    What is meant by 'vexatious search' as mentioned in the provisions of the Consumer Protection Act?

    <p>A search intended to annoy or harass.</p> Signup and view all the answers

    Which authority is empowered to make regulations under the Consumer Protection Act, 2019?

    <p>The Central Authority.</p> Signup and view all the answers

    What does the Act classify as a spurious good?

    <p>Goods that are falsely branded or misrepresented.</p> Signup and view all the answers

    What provision does the Consumer Protection Act, 2019 include regarding the measures to prevent unfair trade practices?

    <p>Includes measures for both e-commerce and direct selling.</p> Signup and view all the answers

    Which of the following powers does NOT fall under the purview of the Central Government as per the Act?

    <p>Power to initiate criminal proceedings.</p> Signup and view all the answers

    What does the Act stipulate regarding the role of officials such as the Chief Commissioner?

    <p>They are regarded as public servants.</p> Signup and view all the answers

    What action can the Central Authority take if it finds an advertisement to be misleading?

    <p>Issue directions to discontinue or modify the advertisement</p> Signup and view all the answers

    What is the maximum penalty that can be imposed on a manufacturer for a first violation of misleading advertising?

    <p>Ten lakh rupees</p> Signup and view all the answers

    Under what condition can an endorser avoid penalty for a misleading advertisement?

    <p>If they have exercised due diligence to verify the claims</p> Signup and view all the answers

    What is the maximum duration for which an endorser can be prohibited from making endorsements after a second contravention?

    <p>Three years</p> Signup and view all the answers

    What happens if a person publishes a misleading advertisement without knowledge of its misleading nature?

    <p>They are automatically exempt from penalties</p> Signup and view all the answers

    What are the penalties for subsequent contraventions by an endorser?

    <p>A three-year prohibition from endorsements</p> Signup and view all the answers

    What does the Central Authority consider when determining the penalty for misleading advertisements?

    <p>The potential harm to consumers</p> Signup and view all the answers

    Which of the following is NOT a possible consequence for endorsers of misleading ads?

    <p>A requirement to publish a correction in prominent media</p> Signup and view all the answers

    What is the minimum value of goods or services for the State Commission to entertain complaints?

    <p>Rupees one crore</p> Signup and view all the answers

    Which of the following does the State Commission NOT have jurisdiction over?

    <p>Complaints against unfair contracts over ten crore</p> Signup and view all the answers

    What determines the presiding member of a Bench in the State Commission?

    <p>The President of the Commission</p> Signup and view all the answers

    What happens if the members of a Bench are equally divided on a point?

    <p>The President hears the point or refers it to another member</p> Signup and view all the answers

    What is the upper limit of value for which the State Commission can entertain complaints against unfair contracts?

    <p>Rupees ten crore</p> Signup and view all the answers

    Who decides on points when the members of a Bench differ in opinion?

    <p>The majority opinion of the members</p> Signup and view all the answers

    How long does the President or other members have to give an opinion on referred points?

    <p>Within one month</p> Signup and view all the answers

    Which complaint value range is eligible for the State Commission's consideration?

    <p>One crore to ten crore</p> Signup and view all the answers

    What is one of the powers of the District Commission in terms of orders made?

    <p>To review any order if there is an evident error on record.</p> Signup and view all the answers

    What must happen if the President and a member of the District Commission differ on any points?

    <p>They must refer the disagreement to another member for resolution.</p> Signup and view all the answers

    What is required for a person to appeal against an order of the District Commission?

    <p>The appeal must be filed within forty-five days from the date of the order.</p> Signup and view all the answers

    What happens if a person wishes to appeal past the forty-five day limit?

    <p>The State Commission may consider the appeal if sufficient cause is shown.</p> Signup and view all the answers

    What must accompany an appeal by a person who is required to pay as per a District Commission order?

    <p>A deposit of fifty percent of the amount due.</p> Signup and view all the answers

    How is an order made by the District Commission represented when a majority opinion is reached?

    <p>It must be signed by the President and the member conducting the proceeding, plus the majority opinion member.</p> Signup and view all the answers

    What is the primary purpose of issuing corrective advertisement as stated?

    <p>To neutralize the effects of misleading advertisements.</p> Signup and view all the answers

    In what situations can the State Commission review an appeal after the standard appeal period?

    <p>If there is sufficient cause for not filing within the initial period.</p> Signup and view all the answers

    What powers does the National Commission have regarding unfair contracts?

    <p>It can declare unfair contracts null and void.</p> Signup and view all the answers

    In what circumstances can the National Commission review its orders?

    <p>If there is an error apparent on the face of the record.</p> Signup and view all the answers

    What can an aggrieved party do concerning ex parte orders made by the National Commission?

    <p>They can apply to set aside the ex parte order.</p> Signup and view all the answers

    Under what condition may the National Commission transfer a complaint from one District Commission to another?

    <p>In the interest of justice, on application or its own motion.</p> Signup and view all the answers

    Who takes over the duties of the President of the National Commission when that position is vacant?

    <p>The senior-most member of the National Commission.</p> Signup and view all the answers

    What is the effect of vacancies or defects in appointment on the validity of orders by the commissions?

    <p>Vacancies do not invalidate any acts or proceedings.</p> Signup and view all the answers

    What timeframe does a party have to apply for a review of an order by the National Commission?

    <p>Within 30 days.</p> Signup and view all the answers

    Which member presides over the National Commission in the absence of the President?

    <p>The senior-most member, unless a judicial member is present.</p> Signup and view all the answers

    Study Notes

    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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Consumer Protection Act 2019 PDF

    Description

    This quiz covers the Consumer Protection Act of 2019, focusing on its applicability, key definitions, and the structure of Consumer Protection Councils. Understand the fundamental aspects of consumer rights and the roles of various councils in India.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser