THE CONSUMER PROTECTION ACT, 2019

2019 · State unknown · central · act_text

Sections (82)

2 · In this Act, unless the context otherwise requires,—

34 · of 2006.

6 · (1) Every State Government shall, by notification, establish with effect from such date as it may specify in such notification, a State Consumer Protection Council for such State to be known as the State Council.

7 · The objects of every State Council shall be to render advice on promotion and protection of consumer rights under this Act within the State.

8 · (1) The State Government shall, by notification, establish for every District with effect from such date as it may specify in such notification, a District Consumer Protection Council to be known as the District Council.

9 · The objects of every District Council shall be to render advice on promotion and protection of consumer rights under this Act within the district.

10 · (1) The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, a Central Consumer Protection Authority to be known as the Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.

13 · (1) The Central Government shall provide the Central Authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this Act.

19 · (1) The Central Authority may, after receiving any information or complaint or directions from the Central Government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading advertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the DirectorGeneral or by the District Collector.

20 · 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—

21 · (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.

22 · (1) For the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19, the Director-General or any other officer authorised by him in this behalf, or the District Collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,—

28 · (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:

35 · (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by— Manner in which complaint

36 · (1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together:

37 · (1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V. Reference to mediation.

5 · of 1908.

39 · (1) Where the District Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:—

40 · The District 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.

41 · Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:

42 · (1) The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State.

48 · 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.

50 · The State 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.

51 · (1) Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:

52 · An appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission:

53 · (1) The Central Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission.

55 · (1) The Central Government may, by notification, make rules to provide for 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:

56 · 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.

57 · (1) The Central Government shall provide, in consultation with the President of the National Commission, such number of officers and other employees to assist the National Commission in the discharge of its functions as it may think fit.

58 · (1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction—

59 · (1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission.

7 · of 2017. 68 of 1986.

66 · 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.

67 · Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order:

68 · Every order of a District Commission or the State Commission or the National Commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this Act, be final.

69 · (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.

70 · (1) The National Commission shall have the authority to lay down such adequate standards in consultation with the Central Government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative control over all

2 · of 1974.

74 · (1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State.

75 · (1) For the purpose of mediation, the National Commission or the State Commission or the District Commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the President and a member of that Commission.

76 · 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. Nomination of mediators from panel.

77 · It shall be the duty of the mediator to disclose—

78 · Where the District Commission or the State Commission or the National Commission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediator. Replacement of mediator in certain cases.

79 · (1) The mediation shall be held in the consumer mediation cell attached to the District Commission, the State Commission or the National Commission, as the case may be.

80 · (1) Pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives.

81 · (1) The District Commission or the State Commission or the National Commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly.

82 · This Chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product seller.

83 · 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.

84 · (1) A product manufacturer shall be liable in a product liability action, if—

86 · A product seller who is not a product manufacturer shall be liable in a product liability action, if— Liability of product sellers.

45 · of 1860.

88 · Whoever, fails to comply with any direction of the Central Authority under sections 20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with both.

89 · Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees.

90 · (1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—

91 · (1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act—

92 · No cognizance shall be taken by a competent court of any offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this behalf.

93 · The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—

94 · For the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumers, the Central Government may take such measures in the manner as may be prescribed.

95 · The Presidents and members of the District Commission, the State Commission and the National Commission, and officers and other employees thereof, the Chief Commissioner and the Commissioner of the Central Authority, the Director General, the Additional Director General, the Director, the Joint Director, the Deputy Director and the Assistant Director and all other officers and employees of the Central Authority and other persons performing any duty under this Act, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

96 · (1) Any offence punishable under sections 88 and 89, may, either before or after the institution of the prosecution, be compounded, on payment of such amount as may be prescribed:

2 · of 1974.

97 · The penalty collected under section 21 and the amount collected under section 96 shall be credited to such fund as may be prescribed.

98 · No suit, prosecution or other legal proceeding shall lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder.

99 · (1) Without prejudice to the foregoing provisions of this Act, the Central Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time:

100 · The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

101 · (1) The Central Government may, by notification, make rules for carrying out any of the provisions contained in this Act.

102 · (1) The State Governments may, by notification, make rules for carrying out the provisions of this Act:

103 · (1) The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to

68 · of 1986.

104 · (1) The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of this Act.

105 · (1) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

106 · If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

107 · (1) The Consumer Protection Act, 1986 is hereby repealed.

10 · of 1897.

13 · Appeals before National Commission . – Where an appeal is filed under section 51, the amount to be deposited by the appellant as provided in the second proviso to the said section shall be remitted in the form of a crossed Demand Draft drawn on a nationalised bank in favour of the Registrar, National Commission, payable at New Delhi.

14 · Procedure for filing and hearing of appeal before National Commission-(1) A Memorandum shall be presented by the appellant or his authorised agent to the National Commission in person or sent by registered post addressed to the National Commission.

8 · Meetings of Central Council for transaction of business. — (1) The meetings of the Central Council shall ordinarily be held in the National Capital Territory of Delhi:

1607 · xxxGIDExxx

5 · राज्य आयोग और जिला आयोग के अध्यक्ष अथर्ा सिस्ट्य की जियुजक्त के जलए अिहवता . ––क –कोई व्यजक्त राज्य आयोग अथर्ा जिला आयोग के अध्यक्ष अथर्ा सिस्ट्य के रूप मइ जियुजक्त के जलए अिहव होगा यदि र्ह -

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HARYANA GOVT. GAZ (EXTRA.), JUNE 23,2021 (ASHR. 2, 1943 SAKA)

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Hlaryana Oouertntent (azette EXTRAORDINARY Published by Authority Govt. of Haryana No. 99-2021/Ext:] 7eNa, JHAR, fenii4 23 TT, 2021 (2 3119T

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In pursuance of the provisions of clause (3) of article 348 of "the Constitution of India", the Governor is pleased to order the publication

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PART III GOVERNMENT OF PUNJAB

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Haruana Gpueruntnt (azette EXTRAORDINARY Published by Authority Govt: of Haryana No. 113-2024/Ext:] 7UETG, gHdN, fnd 24 Yalls, 2024 sTTTuT ,

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GOVERNMENT OF HARYANA

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RNI No. MAHBIL /2009/31733

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RNI No. MAHBIL /2009/31733

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PUNJAB GOVT GAZ. (EXTRA), AUGUST 24,2021 BHDR 2, 1943 SAKA)

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PUNJAB GOVT GAZ. (EXTRA), AUGUST 24,2021 BHDR 2, 1943 SAKA)

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0io CMc Ce_ 2742 Oy: Nf CHANDIGARH ADMINISTRATION Daieq F8 ox3~ HOME DEPARTMENT 27/238 FOOD & SUPPLIES; CONSUMER AFFAIRS & LEGAL METROLOGY s

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{TSTFYTTt {TSTTT RAJASTHAN GAZETTE faeryia Extraordinary uer 4aiat Published by Authority q9 10, ThdR ?13 1942-rFqr 31,2020 Pausa 10, Thursd

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PUNJAB GOVT GAZ. (EXTRA), AUGUST 24,2021 BHDR 2, 1943 SAKA)

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In pursuance of the provisions of clause (3) of article 348 of the Constitution of India" the Governor is pleased to order the publication o

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IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Govemor is pleased 10 order the publication of

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RNI No. MAHBIL /2009/31733

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PART III GOVERNMENT OF PUNJAB

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HARYANA GOVT. GAZ (EXTRA ), JULY 24, 2024 SRVN. 2, 1946 SAKA)

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rTSFHTT <TST4T RAJASTHAN GAZETTE Extraordinary farraa Hietr 4aat Published by Authority Tru4a T4 HT4 3, JHaR; 9114 1943-H8TFT 25, 2021 Bhadr

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RNI No. MAHBIL /2009/31733

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GOVERNMENT OF HARYANA

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RNI No. MAHBIL/2009/31733

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