This comprehensive commentary provides an in-depth analysis of The Consumer Protection Act, 2019, a landmark legislation that replaced the earlier 1986 Act to address modern-day consumer grievances more effectively. It meticulously covers the scope, structure, and significant provisions of the Act including:
Establishment and functioning of Central, State, and District Consumer Commissions
Introduction of the Central Consumer Protection Authority (CCPA)
Provisions related to product liability and unfair trade practices
Enhanced powers for protecting consumer rights in e-commerce and digital transactions
Simplified dispute redressal mechanisms and mediation provisions
Updated penalties and jurisdiction norms
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Introduction to Consumer Protection Law in India
Evolution of consumer law
Need for the 2019 Act
Salient features of the new Act
Preliminary (Section 1 to 2)
Title, extent, and commencement
Definitions (including consumer, deficiency, unfair trade practice, product liability, etc.)
Central Consumer Protection Authority (Sections 10 to 27)
Constitution and powers of CCPA
Powers of investigation and enforcement
Guidelines for misleading advertisements and endorsements
Consumer Rights and Protection Measures
Rights of consumers under the Act
Unfair contracts and unfair trade practices
Product liability and penal provisions
Consumer Disputes Redressal Commissions (Sections 28 to 73)
Constitution and jurisdiction of District, State, and National Commissions
Complaint filing procedure
Appeal mechanisms and timelines
Review and revision powers
Mediation (Sections 74 to 81)
Establishment of mediation cells
Voluntary mediation
Procedure and enforceability of mediated settlement
Product Liability (Sections 82 to 87)
Liability of manufacturers, service providers, and sellers
Exceptions to liability
Compensation framework
Offences and Penalties (Sections 88 to 93)
Penalties for false or misleading advertisements
Punishment for manufacturing or selling adulterated/spurious goods
Miscellaneous Provisions (Sections 94 to 106)
E-commerce rules and regulations
Power to make rules and remove difficulties
Repeal of Consumer Protection Act, 1986
Schedules
Jurisdiction based on monetary value
Format for filing complaints
Case Law Digest
Landmark judgments under the 1986 and 2019 Acts
Interpretation of key terms and principles
Appendices
Relevant Rules and Notifications
Comparative chart: 1986 Act vs. 2019 Act
Model formats for complaints, appeals, etc.
| Prof.Jai S.Singh LL.B. LL.M. Ph.D, Justice R.K.Agrawal, Justice Ram Surat Ram, Justice Ashok Kumar Commentary on The Consumer Protection Act, 2019 |
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