The CONSUMER PROTECTION ACT, 2019
chandigarh · 2019
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Consumer Protection Act, 2019
- S. 2Section 2 defines key terms used throughout the Consumer Protection Act, 2019, including "advertisement," "appropriate laboratory," and "complainant."
- S. 3Section establishes the Central Consumer Protection Council as an advisory body under the Central Government.
- S. 4(1) The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every ye
- S. 5The objects of the Central Council shall be to render advice on promotion and protection of the consumers' rights under
- S. 6Section establishes a State Consumer Protection Council to advise the State Government on consumer affairs.
- S. 7Section 7 establishes State Councils to advise on promoting and protecting consumer rights under the Act.
- S. 8The State Government establishes District Consumer Protection Councils to advise on consumer protection issues.
- S. 9Section 9 establishes District Councils to advise on promoting and protecting consumer rights under the Act.
- S. 10Section 10 establishes the Central Consumer Protection Authority to regulate consumer rights violations and unfair practices.
- S. 11Section 11 outlines the Central Government's authority to create rules for the Chief Commissioner's and Commissioners' appointments and terms.
- S. 12Section 12 ensures that the Central Authority's actions remain valid despite vacancies, improper appointments, or procedural irregularities.
- S. 13Section 13 empowers the Central Government to staff and regulate the Central Authority for consumer protection.
- S. 14Section 14 outlines the Central Authority's business regulation and administrative control by the Chief Commissioner.
- S. 15Section 15 establishes an Investigation Wing under the Central Authority for conducting inquiries and investigations under the Consumer Protection Act, 2019.
- S. 16Section 16 empowers District Collectors to investigate consumer rights violations and unfair practices within their jurisdiction.
- S. 17Section 17 allows consumers to file complaints about violations or unfair practices to designated authorities.
- S. 18Section 18 empowers the Central Authority to protect and enforce consumer rights, prevent unfair trade practices, and conduct investigations.
- S. 19Section 19 authorizes the Central Authority to conduct preliminary inquiries and investigations into potential consumer rights violations.
- S. 20Section 20 allows the Central Authority to order recalls, price reimbursements, and stop unfair practices after investigating violations of consumer rights.
- S. 21Section 21 empowers the Central Authority to issue directions to stop or modify false advertisements and impose penalties up to ₹50 lakh for repeat offenders.
- S. 22Section 22 authorizes officials to search, seize evidence, and require document production for consumer rights violations investigations.
- S. 23The Central Government can designate any statutory authority to exercise powers and functions of the Central Authority under the Consumer Protection Act, 2019.
- S. 24Allows aggrieved parties to appeal Central Authority orders to the National Commission within 30 days.
- S. 25The Central Government can provide financial grants to the Central Authority for implementing the Consumer Protection Act.
- S. 26Section 26 mandates the Central Authority's accounts to be audited by the Comptroller and Auditor-General of India and submitted to the Central Government for parliamentary review.
- S. 27Section 27 mandates the Central Authority to annually report its activities to the Central Government and Parliament.
- S. 28Section 28 establishes District Consumer Disputes Redressal Commissions in each district.
- S. 29Section 29 outlines the Central Government's authority to create rules for District Commission officials' qualifications and appointment process.
- S. 30The section allows the State Government to create rules for the District Commission's President and members' salaries and service terms.
- S. 31Section 31 preserves existing District Commission President or member appointments until their terms end.
- S. 32The section allows the State Government to reassign District Commission President or member duties to another commission or member.
- S. 33Section 33 mandates State Government to provide necessary staff to District Commission and outlines their service terms.
- S. 34Section 34 outlines the jurisdiction and territorial limits for filing consumer complaints in the District Commission under the Consumer Protection Act, 2019.
- S. 35Section 35 allows various entities to file complaints about unfair trade practices regarding goods or services with a District Commission.
- S. 36Section 36 outlines the procedure for District Commissions to decide on the admissibility of complaints under the Consumer Protection Act.
- S. 37Section 37 directs the District Commission to suggest mediation for settling disputes if it seems feasible.
- S. 38Section 38 outlines the District Commission's procedures for handling consumer complaints regarding defective goods, including mediation, analysis, and fee collection.
- S. 39Section 39 mandates the District Commission to order remedies for defective goods or unfair practices, including repairs, replacements, refunds, or compensation.
- S. 40The District Commission can review its own orders if errors are apparent, either on its own or on application within 30 days.
- S. 41Section 41 allows appeals to the State Commission from District Commission orders within 45 days, with certain exceptions and conditions.
- S. 42Section 42 establishes a State Consumer Disputes Redressal Commission to handle consumer complaints.
- S. 43Section 43 allows the Central Government to create rules for State Commission members' qualifications and appointment process.
- S. 44The State Government can issue rules for salaries, allowances, and service terms of State Commission's President and members.
- S. 45Section 45 preserves existing State Commission Presidents and members' terms upon the Act's commencement.
- S. 46Section 46 mandates the State Government to appoint and support State Commission staff for its functions.
- S. 47Section 47 grants the State Commission jurisdiction over consumer complaints exceeding ₹1 crore and appeals against District Commission decisions.
- S. 48The State Commission can transfer a complaint from one District Commission to another within the state if it's in the interest of justice.
- S. 49Section 49 allows the State Commission to handle complaints and declare unfair contract terms null and void.
- S. 50The State Commission can review its own orders if an error is evident, either on its own or on a party's application within 30 days.
- S. 51Section 51 allows appeals to the National Commission from State Commission orders within 30 days, with specific conditions for filing and payment.
- S. 52Section 52 mandates expeditious appeal processing within 90 days, limits adjournments to shown cause, and records reasons for delays.
- S. 53Section establishes a National Consumer Disputes Redressal Commission and allows for regional benches.
- S. 54Section 54 establishes the composition of the National Commission, including a President and up to a certain number of members.
- S. 55Section 55 details the Central Government's authority to establish rules for the service terms of the National Commission's President and members.
- S. 56Section 56 ensures continuity of governance under the 1986 Act for appointed members until the 2019 Act's enforcement.
- S. 57Section 57 allocates officers and employees to assist the National Commission under the Consumer Protection Act, 2019.
- S. 58Section 58 grants the National Commission jurisdiction over consumer complaints exceeding ₹10 crore and appeals against State Commission and Central Authority orders.
- S. 59Section 59 applies provisions for complaints to National Commission and allows it to declare unfair contract terms null and void.
- S. 60The National Commission can review its own orders if an error is evident, either on its own or on application by a party within 30 days.
- S. 61Section 61 allows an aggrieved party to request the National Commission to overturn an ex parte order.
- S. 62Section 62 allows the National Commission to transfer consumer complaints between different State Commissions for fair handling.
- S. 63Section 63 outlines who performs the President's duties when absent or unable, prioritizing senior members or retired judges.
- S. 64Section ensures proceedings by consumer commissions remain valid despite member vacancies or constitutional defects.
- S. 65Section 65 outlines the methods for serving notices under the Consumer Protection Act, 2019, including postal, courier, and electronic means.
- S. 66Section 66 allows consumer commissions to seek assistance from individuals or organizations for larger consumer interests.
- S. 67Section 67 allows aggrieved parties to appeal National Commission orders to the Supreme Court within 30 days, with certain conditions.
- S. 68Section 68 makes district, state, or national commission orders final if no appeal is filed.
- S. 69Section 69 limits consumer complaints to two years but allows extensions if the complainant justifies the delay.
- S. 70Section 70 empowers the National Commission to set standards and oversee State Commissions for consumer protection.
- S. 71Section 71 enforces consumer commissions' orders as if they were court decrees.
- S. 72Section 72 penalizes non-compliance with consumer protection orders and grants commissions trial powers for such offenses.
- S. 73Section 73 outlines the appeal process from District, State, and National Commissions to higher authorities, with a 30-day appeal period.
- S. 74Section 74 establishes consumer mediation cells in various consumer commissions to handle disputes and maintain related records.
- S. 75Section 75 establishes a panel of mediators for consumer disputes, sets empanelment criteria, and outlines their training, fees, and removal procedures.
- S. 76Section 76 specifies that commissions must consider a mediator's suitability for resolving consumer disputes when nominating from a panel.
- S. 77Section 77 mandates mediators to disclose personal, professional, financial interests, circumstances affecting independence, and other specified facts in consumer disputes.
- S. 78Section 78 allows the Consumer Commission to replace a mediator if it finds necessary after considering information and hearing the mediator.
- S. 79Section 79 outlines the mediation process for consumer disputes in designated consumer commissions.
- S. 80Section 80 details the process for documenting and reporting mediation outcomes in consumer disputes under the Consumer Protection Act, 2019.
- S. 81Section 81 mandates consumer commissions to finalize and record settlements of disputes within seven days.
- S. 82Section 82 applies to claims for compensation for harm caused by defective products.
- S. 83Section 83 allows complainants to sue manufacturers, service providers, or sellers for harm from defective products.
- S. 84Section 84 holds product manufacturers liable for defects, non-conformance, or inadequate instructions, regardless of negligence.
- S. 85Section 85 holds product service providers liable for faulty, negligent, or inadequate services or failure to warn.
- S. 86Section 86 holds non-manufacturer sellers liable for product harm if they substantially control product design, alter it, make false warranties, or fail to pass on manufacturer warnings.
- S. 87Section 87 of the Consumer Protection Act, 2019 exempts product sellers and manufacturers from liability if the product was misused, altered, or if adequate warnings or instructions were provided.
- S. 88Section 88 penalizes non-compliance with Central Authority directions under sections 20 and 21 with up to six months' imprisonment and/or a fine up to twenty lakh rupees.
- S. 89Section penalizes manufacturers or service providers for false or misleading ads prejudicial to consumers with up to two years' imprisonment and fines.
- S. 90Section 90 penalizes manufacturing, selling, or distributing adulterated products, with escalating penalties based on the severity of consumer injury or death.
- S. 91Section 91 penalizes manufacturing, selling, or distributing spurious goods, with fines and imprisonment up to life for causing death.
- S. 92Section 92 prevents courts from prosecuting violations of sections 88 and 89 without a complaint from the Central Authority.
- S. 93Section 93 penalizes officers for improper searches or seizures without reasonable grounds with imprisonment or fine.
- S. 94The section empowers the Central Government to implement measures to prevent unfair trade practices and protect consumer rights in e-commerce and direct selling.
- S. 95Section 95 deems officers and employees of consumer protection commissions and authorities as public servants under the Indian Penal Code.
- S. 96Section 96 allows for the compounding of certain Consumer Protection Act offences, subject to court approval and limits.
- S. 97Section 97 allocates penalties and amounts collected to a designated fund.
- S. 98Section 98 provides immunity from legal proceedings for officials acting in good faith under the Consumer Protection Act, 2019.
- S. 99Section 99 mandates the Central Authority to follow written policy directions from the Central Government, with an opportunity to express views beforehand.
- S. 100Section 100 allows the Consumer Protection Act to work alongside other existing laws without overriding them.
- S. 101(1) The Central Government may, by notification, make rules for carrying out any of the provisions contained in this Act
- S. 102Section 102 empowers State Governments to create rules for implementing the Consumer Protection Act, with model rules from the Central Government serving until State rules are made.
- S. 103Section 103 empowers the National Commission to make regulations for various procedural aspects under the Consumer Protection Act, 2019.
- S. 104Section 104 allows the Central Authority to make regulations for various procedural matters with government approval.
- S. 105Section 105 mandates rules and regulations made under the Consumer Protection Act to be presented to Parliament and State Legislatures for review.
- S. 106The Central Government can issue orders to address difficulties in implementing the Act, but only within two years of its commencement.
- S. 107(1) The Consumer Protection Act, 1986 is hereby repealed