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Commercial's The Consumer Protection Act, 2019

From Commercial Law Publishers
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Author :Commercial

Publisher :Commercial Law Publishers

ISBN No :978-9356037892

SKU :CLA00332

Edition :2025

Format :Hardbound

HSN No :49011010

Country Region :India

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Description

The Consumer Protection Act, 2019 is a comprehensive legislation enacted to safeguard the interests of consumers in India. It replaces the earlier Consumer Protection Act of 1986, introducing several new provisions to address contemporary consumer issues, especially in the digital age.

Key Features of the Consumer Protection Act, 2019:

  1. Central Consumer Protection Authority (CCPA):

    • Establishment of the CCPA to promote, protect, and enforce the rights of consumers.
    • Empowered to conduct investigations into violations of consumer rights and institute complaints/prosecution.
    • Authority to order the recall of unsafe goods and services, discontinuation of unfair trade practices, and impose penalties on false or misleading advertisements.
  2. Consumer Disputes Redressal Commission:

    • Revised pecuniary jurisdiction for District, State, and National Commissions to facilitate faster resolution of consumer disputes.
    • Introduction of e-filing of complaints and video conferencing for hearing parties, enhancing accessibility.
  3. Product Liability:

    • Provision for consumers to claim compensation for harm caused by defective products or deficient services.
    • Liability extends to the product manufacturer, service provider, and seller.
  4. Unfair Trade Practices:

    • Expanded definition to include practices like sharing personal information of consumers without consent and refusal to take back defective goods or withdraw deficient services.
  5. E-commerce Regulations:

    • E-commerce entities are required to disclose full information regarding products, refund, exchange, warranty, delivery, and grievance redressal mechanisms.
    • Mandate to acknowledge consumer complaints within 48 hours and resolve them within one month.
  6. Mediation:

    • Introduction of mediation as an alternate dispute resolution mechanism to facilitate amicable settlements.
    • Establishment of consumer mediation cells attached to the District, State, and National Commissions.

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Content

The Consumer Protection Act, 2019 is a comprehensive legislation enacted to safeguard consumer rights in India. The Act is structured into several chapters, each addressing specific aspects of consumer protection. While the official 2025 edition may include updates or amendments, the core structure of the Act is as follows:

Table of Contents:

  1. Preliminary

    • Short title, extent, commencement, and application
    • Definitions
  2. Consumer Protection Councils

    • Establishment of Central Consumer Protection Council
    • Establishment of State Consumer Protection Councils
    • Establishment of District Consumer Protection Councils
  3. Central Consumer Protection Authority

    • Establishment and constitution of the Central Authority
    • Powers and functions of the Central Authority
    • Investigation wing
    • Search and seizure
    • Power of Central Authority to refer matters for investigation or to other regulators
  4. Consumer Disputes Redressal Commission

    • Establishment of District, State, and National Commissions
    • Composition of Commissions
    • Jurisdiction of Commissions
    • Manner in which complaint shall be made
    • Procedure on admission of complaint
    • Proceedings before Commissions
    • Appeals
  5. Mediation

    • Establishment of consumer mediation cell
    • Empanelment of mediators
    • Procedure for mediation
  6. Product Liability

    • Liability of product manufacturer
    • Liability of product service provider
    • Liability of product seller
    • Exceptions to product liability action
  7. Offences and Penalties

    • Penalties for non-compliance of orders of Central Authority
    • Punishment for false or misleading advertisement
    • Penalty for manufacturing for sale or storing, selling, or distributing or importing products containing adulterant
    • Penalty for publishing misleading advertisement
  8. Miscellaneous

    • Power of Central Government to make rules
    • Power of State Government to make rules
    • Power of National Commission to make regulations
    • Rules and regulations to be laid before Parliament
    • Power to remove difficulties

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Commercial's The Consumer Protection Act, 2019

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