The Consumer Protection Act, 2019

punjab · 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. 3Composition of Central Council
S. 4Matters not to be referred to mediation
S. 5Manner of issuing invoice or bill or cash memo or receipt for goods sold or services rendered
S. 6Procedure of appointment
S. 7Fee for making complaints
S. 8Meetings of Central Council for transaction of business
S. 9Reimbursement of expenses and sitting fees
S. 10Term of office of President or Member
S. 11Procedure for filing and hearing of appeal before State Commission
S. 12Procedure in respect of complaints before National Commission
S. 13Section 13 empowers the Central Government to staff and regulate the Central Authority for consumer protection.
S. 14Section 14 outlines the procedure for filing and hearing appeals to the National Commission under the Consumer Protection Act, 2019.
S. 15Section 15 establishes an Investigation Wing under the Consumer Protection Act, headed by a Director-General, for conducting inquiries and investigations.
S. 16Section 16 mandates consumer mediation centers to submit quarterly reports to state or national commissions detailing case statistics.
S. 17Section 17 mandates that for appeals to the High Court, the appellant must pay the prescribed fee via a Punjab Treasury draft in favor of the High Court, payable in New Delhi.
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 empowers the Central Authority to recall unsafe goods, reimburse consumers, and stop unfair practices after investigation.
S. 21Section 21 empowers the Central Authority to direct advertisers to stop or modify false ads and impose penalties up to ₹50 lakh for repeat offenses.
S. 22Section 22 authorizes officials to search, seize, and inventory evidence in investigations of consumer rights violations and unfair trade practices.
S. 23The Central Government can designate a statutory authority to exercise powers of the Central Authority.
S. 24Allows aggrieved parties to appeal to the National Commission against orders from the Central Authority within 30 days.
S. 25The Central Government can provide financial grants to the Central Authority for implementing the Consumer Protection Act, 2019.
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 to handle consumer complaints.
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 salaries and service terms of District Commission officials.
S. 31Section 31 preserves existing appointments of Presidents and members of District Commissions until their terms end.
S. 32The section allows the State Government to reassign District Commission duties to other commissions or members in case of vacancies.
S. 33Section 33 mandates the State Government to provide necessary staff to the District Commission for its operations.
S. 34Section 34 outlines the jurisdiction and territorial limits for the District Commission to entertain consumer complaints 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 Commission proceedings and the time frame for deciding complaint admissibility.
S. 37Section 37 mandates the District Commission to direct parties to mediation if settlement elements exist, unless otherwise prescribed.
S. 38Section 38 outlines the District Commission's procedures for handling consumer complaints regarding goods, including mediation, analysis, and dispute resolution.
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 against District Commission orders, with specific time limits and conditions for mediation settlements.
S. 42Section 42 establishes a State Consumer Disputes Redressal Commission in Punjab to handle consumer complaints.
S. 43The section allows the Central Government to create rules for appointing and managing State Commission officials.
S. 44The section allows the State Government to create rules for the State Commission's President and members' salaries and service terms.
S. 45Section 45 preserves existing appointments of State Commission Presidents and members until their terms end.
S. 46Section 46 mandates the State Government to appoint and supervise staff for the State Commission under the Consumer Protection Act, 2019.
S. 47Section 47 outlines the jurisdiction and powers of the State Commission in handling consumer disputes exceeding certain monetary values.
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 there's a clear error, either on its own or on a party's request within 30 days.
S. 51Section 51 allows appeals to the National Commission from State Commission orders, with specific conditions on timelines and deposits.
S. 52Section 52 mandates expeditious appeal resolution 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 outlines the terms and conditions of service for the President and members of the National Commission under the Consumer Protection Act, 2019.
S. 56Section 56 preserves the applicability of the Consumer Protection Act, 1986 for existing members until new appointments.
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 to handle high-value consumer complaints and appeals from State Commissions.
S. 59Section 59 adapts provisions for complaint disposal to the National Commission and allows it to declare unfair contract terms null and void.
S. 60Section 60 allows the National Commission to 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. 62The National Commission can transfer a consumer complaint from one state's District Commission to another.
S. 63Section 63 outlines who temporarily assumes the President's duties at the National Commission when unavailable.
S. 64Section ensures commissions' decisions 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. 68District, State, or National Commission orders under the Consumer Protection Act, 2019 are final if no appeal is filed.
S. 69Section 69 limits complaints to two years but allows exceptions if the commission finds sufficient reason for 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 Commission orders with imprisonment or fine, and grants these commissions judicial trial powers.
S. 73Section 73 allows appeals from District, State, and National Commissions to higher bodies, with a 30-day limit, except under specific circumstances.
S. 74Section establishes consumer mediation cells at various commissions to handle disputes and maintain records.
S. 75Section 75 establishes a panel of mediators for consumer disputes and outlines their qualifications, empanelment, training, and removal procedures.
S. 76Section 76 mandates that commissions consider a mediator's suitability for resolving consumer disputes when nominating from a panel.
S. 77The mediator must disclose personal, professional, financial interests, circumstances affecting independence, and other specified facts.
S. 78Section 78 allows the Commissions to replace a mediator if they are satisfied with the information received, after hearing the mediator.
S. 79Section outlines mediation procedures for consumer disputes in Punjab under the Consumer Protection Act, 2019.
S. 80Section outlines mediation process for consumer disputes, requiring written agreements and reports to the Commission.
S. 81Section 81 outlines the process for commissions to finalize or continue consumer dispute settlements.
S. 82Section 82 applies to claims for compensation due to harm from defective products by manufacturers, service providers, or sellers.
S. 83Section 83 allows complainants to sue manufacturers, service providers, or sellers for harm caused by defective products.
S. 84Section 84 holds product manufacturers liable for defects, non-conformance, or lack of proper warnings, regardless of negligence.
S. 85Section 85 holds product service providers liable for faulty, negligent, or non-conforming services or products.
S. 86Section 86 holds non-manufacturer sellers liable for product harm if they control product aspects, alter it, make express warranties, or fail to exercise reasonable care.
S. 87Section 87 of the Consumer Protection Act, 2019 (Punjab) 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 of up to twenty lakh rupees.
S. 89Section penalizes manufacturers or service providers for false or misleading ads, up to two years imprisonment and fines for first offense, five years and higher fines for subsequent offenses.
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 bars courts from taking cognizance of specified offences without a complaint from the Central Authority or its authorized officer.
S. 93Section 93 penalizes officers for conducting unnecessary searches or seizures without reasonable grounds.
S. 94Section 94 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 officials 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 on the amount.
S. 97Section 97 allocates penalties and amounts collected to a designated fund.
S. 98Section 98 protects officials from legal action for good faith actions taken under the Consumer Protection Act, 2019.
S. 99Section 99 mandates the Central Authority to follow 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 make rules for implementing the Consumer Protection Act, 2019, with model rules from the Central Government applying until State rules are made.
S. 103Section 103 empowers the National Commission to make regulations for various procedural and operational aspects of consumer protection.
S. 104Section 104 allows the Central Authority to make regulations with government approval to implement the Consumer Protection Act.
S. 105Section 105 mandates rules and regulations made under the 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
S. 2020(2) They shall come into force on the 20th day of July, 2020