LexThe CONSUMER PROTECTION ACT, 2019
Uttarakhand · state statute
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THE CONSUMER PROTECTION ACT, 2019
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
CONSUMER PROTECTION COUNCILS.
3. Central Consumer Protection Council.
4. Procedure for meetings of Central Council.
5. Objects of Central Council.
6. State Consumer Protection Councils.
7. Objects of State Council.
8. District Consumer Protection Council.
9. Objects of District Council.
CHAPTER III
CENTRAL CONSUMER PROTECTION AUTHORITY
10. Establishment of Central Consumer Protection Authority.
11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners.
12. Vacancy, etc., not to invalidate proceedings of Central Authority.
13. Appointment of officers, experts, professionals and other employees of Central Authority.
14. Procedure of Central Authority.
15. Investigation Wing.
16. Power of District Collector.
17. Complaints to authorities.
18. Powers and functions of Central Authority.
19. Power of Central Authority to refer matter for investigation or to other Regulator.
20. Power of Central Authority to recall goods, etc.
21. Power of Central Authority to issue directions and penalties against false or misleading
advertisements.
22. Search and seizure.
23. Designation of any statutory authority or body to function as Central Authority.
24. Appeal.
25. Grants by Central Government.
26. Accounts and audit.
27. Furnishing of annual reports, etc.
CHAPTER IV
CONSUMER DISPUTES REDRESSAL COMMISSION
28. Establishment of District Consumer Disputes Redressal Commission.
29. Qualifications, etc., of President and members of District Commission.
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SECTIONS
30. Salaries, allowances and other terms and conditions of service of President and members of
District Commission.
31. Transitional provision.
32. Vacancy in office of member of District Commission.
33. Officers and other employees of District Commission.
34. Jurisdiction of District Commission.
35. Manner in which complaint shall be made.
36. Proceedings before District Commission.
37. Reference to mediation.
38. Procedure on admission of complaint.
39. Findings of District Commission.
40. Review by District Commission in certain cases.
41. Appeal against order of District Commission.
42. Establishment of State Consumer Disputes Redressal Commission.
43. Qualifications, etc., of President and members of State Commission.
44. Salaries, allowances and other terms and conditions of service of President and members of State
Commission.
45. Transitional provision.
46. Officers and employees of State Commission.
47. Jurisdiction of State Commission.
48. Transfer of cases.
49. Procedure applicable to State Commission.
50. Review by State Commission in certain cases.
51. Appeal to National Commission.
52. Hearing of appeal.
53. Establishment of National Consumer Disputes Redressal Commission.
54. Composition of National Commission.
55. Qualifications, etc., of President and members of National Commission.
56. Transitional provision.
57. Other officers and employees of National Commission.
58. Jurisdiction of National Commission.
59. Procedure applicable to National Commission.
60. Review by National Commission in certain cases.
61. Power to set aside ex parte orders.
62. Transfer of cases.
63. Vacancy in office of President of National Commission.
64. Vacancies or defects in appointment not to invalidate orders.
65. Service of notice, etc.
66. Experts to assist National Commission or State Commission.
67. Appeal against order of National Commission.
68. Finality of orders.
69. Limitation period.
70. Administrative control.
71. Enforcement of orders of District Commission, State Commission and National Commission.
72. Penalty for non-compliance of order.
73. Appeal against order passed under section 72.
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CHAPTER V
MEDIATION
SECTIONS
74. Establishment of consumer mediation cell.
75. Empanelment of mediators.
76. Nomination of mediators from panel.
77. Duty of mediator to disclose certain facts.
78. Replacement of mediator in certain cases.
79. Procedure for mediation.
80. Settlement through mediation.
81. Recording settlement and passing of order.
CHAPTER VI
PRODUCT LIABILLITY
82. Application of Chapter.
83. Product liability action
84. Liability of product manufacturer.
85. Liability of product service provider.
86. Liability of product sellers.
87. Exceptions to product liability action.
CHAPTER VII
OFFENCES AND PENALTIES
88. Penalty for non-compliance of direction of Central Authority.
89. Punishment for false or misleading advertisement.
90. Punishment for manufacturing for sale or storing, selling or distributing or importing products
containing adulterant.
91. Punishment for manufacturing for sale or for storing or selling or distributing or importing
spurious goods.
92. Cognizance of offence by court.
93. Vexatious search.
CHAPTER VIII
MISCELLANEOUS
94. Measures to prevent unfair trade practices in e-commerce, direct selling, etc.
95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public
servants.
96. Compounding of offences.
97. Manner of crediting penalty.
98. Protection of action taken in good faith.
99. Power to give directions by Central Government.
100. Act not in derogation of any other.
101. Power of Central Government to make rules.
102. Power of State Government to make rules.
103. Power of National Commission to make regulations.
104. Power of Central Authority to make regulations.
105. Rules and regulations to be laid before each House of Parliament.
106. Power to Remove Difficulties.
107. Repeal and savings.
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THE CONSUMER PROTECTION ACT, 2019
ACT NO. 35 OF 2019
[9th August, 2019.]
An Act to provide for protection of the interests of consumers and for the said purpose, to establish
authorities for timely and effective administration and settlement of consumers' disputes and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application. —(1) This Act may be called the Consumer
Protection Act, 2019.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint and
different dates may be appointed for different States and for different provisions of this Act and any
reference in any such provision to the commencement of this Act shall be construed as a reference to the
coming into force of that provision.
(4) Save as otherwise expressly provided by the Central Government, by notification, this Act shall
apply to all goods and services.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) "advertisement" means any audio or visual publicity, representation, endorsement or
pronouncement made by means of light, sound, smoke, gas, print, electronic medi a, internet or
website and includes any notice, circular, label, wrapper, invoice or such other documents;
(2) "appropriate laboratory" means a laboratory or an organisation—
(i) recognised by the Central Government; or
(ii) recognised by a State Government, subject to such guidelines as may be issued by the
Central Government in this behalf; or
(iii) established by or under any law for the time being in force, which is maintained,
financed or aided by the Central Government or a State Government for carrying out analysis or
test of any goods with a view to determining whether such goods suffer from any defect;
(3) "branch office" means—
(i) any office or place of work described as a branch by the establishment; or
(ii) any establishment carrying on either the same or substantially the same activity carried on
by the head office of the establishment;
(4) "Central Authority" means the Central Consumer Protection Authority established under
section 10;
(5) "complainant" means—
(i) a consumer; or
(ii) any voluntary consumer association registered under any law for the time being in force; or
1. 24th July, 2020 .-- S. 2 [clause s (4), (13), (14), (16), (40)], s. 10 to 27 (both inclusive), sub -clause (iv) of clause (a) of
sub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub -section 2 and clauses (zg), (zh)
and (zi) of sub -section 2 of s. 101, 104, vide notification No. S.O. 2421(E), dated 23rd July 2020, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
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(iii) the Central Government or any State Government; or
(iv) the Central Authority; or
(v) one or more consumers, where there are numerous consumers having the same interest; or
(vi) in case of death of a consumer, his legal heir or legal representative; or
(vii) in case of a consumer being a minor, his parent or legal guardian;
(6) "complaint" mea ns any allegation in writing, made by a complainant for obtaining any relief
provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted
by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any
deficiency;
(iv) a trader or a service provider, as the case may be, has cha rged for the goods or for the
services mentioned in the complaint, a price in excess of the price—
(a) fixed by or under any law for the time being in force; or
(b) displayed on the goods or any package containing such goods; or
(c) displayed on the price list exhibited by him by or under any law for the time being in
force; or
(d) agreed between the parties;
(v) the goods, which are hazardous to life and safety when used, are being offered for sale to
the public--
(a) in contravention of standards relating to safety of such goods as required to be
complied with, by or under any law for the time being in force;
(b) where the trader knows that the goods so offered are unsafe to the public;
(vi) the services which are hazardous or likely to be hazardous to life and safety of the public
when used, are being offered by a person who provides any service and who knows it to be
injurious to life and safety;
(vii) a claim for product liability action lies against the product manufacturer, product seller
or product service provider, as the case may be;
(7) "consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and
partly promised, or under any system of deferred payment and includes any user of such
goods other than the person who buys such goods for consideration paid or promised or partly
paid or partly promised, or under any system of deferred payment, when such use is made
with the approval of such person, but does not include a person who obtains su ch goods for
resale or for any commercial purpose; or
(ii) hires or avails of any service for a consideration which has been paid or promised or
partly paid and partly promised, or under any system of deferred payment and includes any
beneficiary of such service other than the person who hires or avails of the services for
consideration paid or promised, or partly paid and partly promised, or under any system of
deferred payment, when such services are availed of with the approval of the first mentioned
person, but does not include a person who avails of such service for any commercial purpose.
Explanation. —For the purposes of this clause, —
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(a) the expression "commercial purpose" does not include use by a person of goods
bought and used by him exclusively for the purpose of earning his livelihood, by means
of self-employment;
(b) the expressions "buys any goods" and "hires or avails any services" includes
offline or online transactions through electronic means or by teleshopping or direct
selling or multi-level marketing;
(8) "consumer dispute" means a dispute where the person against whom a complaint has been
made, denies or disputes the allegations contained in the complaint;
(9) "consumer rights" includes,--
(i) the right to be protected against the mark eting of goods, products or services which are
hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of
goods, products or services, as the case may be, so as to protect the consumer against unfair trade
practices;
(iii) the right to be assured, wherever possible, access to a variety of goods, products or
services at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will receive due
consideration at appropriate for a;
(v) the right to seek redressal against unfair trade practice or restrictive trade practices or
unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;
(10) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency,
purity or standard which is required to be maintained by or under any law for the time being in force
or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in
relation to any goods or product and the expression "defective" shall be construed accordingly;
(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature
and manner of performance which is required to be maintained by or under any law for the time being
in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in
relation to any service and includes—
(i) any act of negligence or omission or commission by such person which causes los s or
injury to the consumer; and
(ii) deliberate withholding of relevant information by such person to the consumer;
(12) "design", in relation to a product, means the intended or known physical and material
characteristics of such product and includes any intended or known formulation or content of such
product and the usual result of the intended manufacturing or other proces s used to produce such
product;
(13) "direct selling" means marketing, distribution and sale of goods or provision of services
through a network of sellers, other than through a permanent retail location;
(14) "Director-General" means the Director -General appointed under sub -section ( 2) of section
15;
(15) "District Commission" means a District Consumer Disputes Redressal Commission
established under sub-section (1) of section 28;
(16) "e-commerce" means buying or selling of goods or services including digital products over
digital or electronic network;
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(17) "electronic service provider" means a person who provides technologies or processes to
enable a product seller to engage in advertising or selling goods or services to a consumer and
includes any online market place or online auction sites;
(18) "endorsement", in relation to an advertisement, means—
(i) any message, verbal statement, demonstration; or
(ii) depiction of the name, signature, likeness or other identifiable personal characteristics of
an individual; or
(iii) depiction of the name or s eal of any institution or organisation, which makes the
consumer to believe that it reflects the opinion, finding or experience of the person making such
endorsement;
(19) "establishment" includes an advertising agency, commission agent, manufacturing, tra ding
or any other commercial agency which carries on any business, trade or profession or any work in
connection with or incidental or ancillary to any commercial activity, trade or profession, or such
other class or classes of persons including public utility entities in the manner as may be prescribed;
(20) "express warranty" means any material statement, affirmation of fact, promise or description
relating to a product or service warranting that it conforms to such material statement, affirmation,
promise or description and includes any sample or model of a product warranting that the whole of
such product conforms to such sample or model;
(21) "goods" means every kind of movable property and includes "food" as defined in clause ( j)
of sub-section (1) of section 3 of the Food Safety and Standards Act, 2006 (34 of 2006);
(22) "harm", in relation to a product liability, includes—
(i) damage to any property, other than the product itself;
(ii) personal injury, illness or death;
(iii) mental agony or emotional distress attendant to personal injury or illness or damage to
property; or
(iv) any loss of consortium or services or other loss resulting from a harm referred to in sub -
clause (i) or sub-clause (ii) or sub-clause (iii), but shall not include any harm caused to a product
itself or any damage to the property on account of breach of warranty conditions or any
commercial or economic loss, including any direct, incidental or consequential loss relating
thereto;
(23) "injury" means any harm whatever illegally caused to any person, in body, mind or property;
(24) "manufacturer" means a person who—
(i) makes any goods or parts thereof; or
(ii) assembles any goods or parts thereof made by others; or
(iii) puts or causes to be put his own mark on any goods made by any other person;
(25) "mediation" means the process by which a mediator mediates the consumer disputes;
(26) "mediator" means a mediator referred to in section 75;
(27) "member" includes the President and a member of the National Commis sion or a State
Commission or a District Commission, as the case may be;
(28) "misleading advertisement" in relation to any product or service, means an advertisement,
which—
(i) falsely describes such product or service; or
(ii) gives a false guarantee to , or is likely to mislead the consumers as to the nature,
substance, quantity or quality of such product or service; or
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(iii) conveys an express or implied representation which, if made by the manufacturer or
seller or service provider thereof, would constitute an unfair trade practice; or
(iv) deliberately conceals important information;
(29) "National Commission" means the National Consumer Disputes Redressal Commission
established under sub-section (1) of section 53;
(30) "notification" means a notification published in the Official Gazette and the term "notify"
shall be construed accordingly;
(31) "person" includes--
(i) an individual;
(ii) a firm whether registered or not;
(iii) a Hindu undivided family;
(iv) a co-operative society;
(v) an asso ciation of persons whether registered under the Societies Registration Act, 1860
(21 of 1860) or not;
(vi) any corporation, company or a body of individuals whether incorporated or not;
(vii) any artificial juridical person, not falling within any of the preceding sub-clauses;
(32) "prescribed" means prescribed by rules made by the Central Government, or, as the case may
be, the State Government;
(33) "product" means any article or goods or substance or raw material or any extended cycle of
such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is
capable of delivery either as wholly assembled or as a component part and is produced for
introduction to trade or commerce, but does not include human tissues, blood, bloo d products and
organs;
(34) "product liability" means the responsibility of a product manufacturer or product seller, of
any product or service, to compensate for any harm caused to a consumer by such defective product
manufactured or sold or by deficiency in services relating thereto;
(35) "product liability action" means a complaint filed by a person before a District Commission
or State Commission or National Commission, as the case may be, for claiming compensation for the
harm caused to him;
(36) "product manufacturer" means a person who—
(i) makes any product or parts thereof; or
(ii) assembles parts thereof made by others; or
(iii) puts or causes to be put his own mark on any products made by any other person; or
(iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets,
repairs, maintains such product or is otherwise involved in placing such product for commercial
purpose; or
(v) designs, produces, fabricates, constructs or re-manufactures any product before its sale; or
(vi) being a product seller of a product, is also a manufacturer of such product;
(37) "product seller", in relation to a product, means a person who, in the course of business,
imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or
otherwise is involved in placing such product for commercial purpose and includes--
(i) a manufacturer who is also a product seller; or
(ii) a service provider,
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but does not include—
(a) a seller of immovable propert y, unless such person is engaged in the sale of
constructed house or in the construction of homes or flats;
(b) a provider of professional services in any transaction in which, the sale or use of a
product is only incidental thereto, but furnishing of opin ion, skill or services being the
essence of such transaction;
(c) a person who—
(I) acts only in a financial capacity with respect to the sale of the product;
(II) is not a manufacturer, wholesaler, distributor, retailer, direct seller or an
electronic service provider;
(III) leases a product, without having a reasonable opportunity to inspect and
discover defects in the product, under a lease arrangement in which the selection,
possession, maintenance, and operation of the product are controlled by a person other
than the lessor;
(38) "product service provider", in relation to a product, means a person who provides any service
in respect of such product;
(39) "regulations" means the regulations made by the National Commission, or as the case may
be, the Central Authority;
(40) "Regul ator" means a body or any authority established under any other l aw for the time
being in force;
(41) "restrictive trade practice" means a trade practice which tends to bring about manipulation of
price or its conditions of delivery or to affect flow of su pplies in the market relating to goods or
services in such a manner as to impose on the consumers unjustified costs or restrictions and shall
include--
(i) delay beyond the period agreed to by a trader in supply of such goods or in providing
the services which has led or is likely to lead to rise in the price;
(ii) any trade practice which requires a consumer to buy, hire or avail of any goods or, as
the case may be, services as condition precedent for buying, hiring or availing of other goods
or services;
(42) "service" means service of any description which is made available to potential users and
includes, but not limited to, the provision of facilities in connection with banking, financing,
insurance, transport, processing, supply of electrical or other energy, telecom, boarding or
lodging or both, housing construction, entertainment, amusement or the purveying of news or
other information, but does not include the rendering of any service free of charge or under a
contract of personal service;
(43) "spurious goods" means such goods which are falsely claimed to be genuine;
(44) "State Commission" means a State Consumer Disputes Redressal Commission
established under sub-section (1) of section 42;
(45) "trader", in relation to any goods, means a person who sells or distributes any goods for
sale and includes the manufacturer thereof, and where such goods are sold or distributed in
package form, includes the packer thereof;
(46) "unfair contract" means a contract between a manufacturer or trader or service pr ovider
on one hand, and a consumer on the other, having such terms which cause significant change in
the rights of such consumer, including the following, namely:--
(i) requiring manifestly excessive security deposits to be given by a consumer for the
performance of contractual obligations; or
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(ii) imposing any penalty on the consumer, for the breach of contract thereof which is
wholly disproportionate to the loss occurred due to such breach to the other party to the
contract; or
(iii) refusing to accept early repayment of debts on payment of applicable penalty; or
(iv) entitling a party to the contract to terminate such contract unilaterally, without
reasonable cause; or
(v) permitting or has the effect of permitting one party to assign the con tract to the
detriment of the other party who is a consumer, without his consent; or
(vi) imposing on the consumer any unreasonable charge, obligation or condition which
puts such consumer to disadvantage;
(47) "unfair trade practice" means a trade practic e which, for the purpose of promoting the sale,
use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or
deceptive practice including any of the following practices, namely:—
(i) making any statement, whether or ally or in writing or by visible representation including
by means of electronic record, which—
(a) falsely represents that the goods are of a particular standard, quality, quantity, grade,
composition, style or model;
(b) falsely represents that the services are of a particular standard, quality or grade;
(c) falsely represents any re -built, second-hand, renovated, reconditioned or old goods as
new goods;
(d) represents that the goods or services have sponsorship, approval, performance,
characteristics, accessories, uses or benefits which such goods or services do not have;
(e) represents that the seller or the supplier has a sponsorship or approval or affiliation
which such seller or supplier does not have;
(f) makes a false or misleading representation co ncerning the need for, or the usefulness
of, any goods or services;
(g) gives to the public any warranty or guarantee of the performance, efficacy or length of
life of a product or of any goods that is not based on an adequate or proper test thereof:
Provided that where a defence is raised to the effect that such warranty or guarantee is
based on adequate or proper test, the burden of proof of such defence shall lie on the person
raising such defence;
(h) makes to the public a representation in a form that purports to be—
(A) a warranty or guarantee of a product or of any goods or services; or
(B) a promise to replace, maintain or repair an article or any part thereof or to repeat
or continue a service until it has achieved a specified result, if such purported warranty or
guarantee or promise is materially misleading or if there is no reasonable prospect that
such warranty, guarantee or promise will be carried out;
(i) materially misleads the public concerning the price at which a product or like produ cts or
goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a
representation as to price shall be deemed to refer to the price at which the product or goods or
services has or have been sold by sellers or provided by suppliers generally in the relevant market
unless it is clearly specified to be the price at which the product has been sold or services have
been provided by the person by whom or on whose behalf the representation is made;
(j) gives false or misleading facts disparaging the goods, services or trade of another person.
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Explanation.—For the purposes of this sub-clause, a statement that is,—
(A) expressed on an article offered or displayed for sale, or on its wrapper or container; or
(B) expressed on anything attached to, inserted in, or accompanying, an article offered or
displayed for sale, or on anything on which the article is mounted for display or sale; or
(C) contained in or on anything that is sold, sent, delivered, transmitted or in any other
manner whatsoever made available to a member of the public,
shall be deemed to be a statement made to the public by, and only by, the person who had
caused the statement to be so expressed, made or contained;
(ii) permitting the publication of any advertisement, whe ther in any newspaper or otherwise,
including by way of electronic record, for the sale or supply at a bargain price of goods or
services that are not intended to be offered for sale or supply at the bargain price, or for a period
that is, and in quantitie s that are, reasonable, having regard to the nature of the market in which
the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation.—For the purpose of this sub-clause, "bargain price" means,—
(A) a price that is stated in any advertisement to be a bargain price, by reference to an
ordinary price or otherwise; or
(B) a price that a person who reads, hears or sees the advertisement, would reasonably
understand to be a bargain price having regard to the prices at which the product advertised or
like products are ordinarily sold;
(iii) permitting—
(a) the offering of gifts, prizes or other items with the intention of not providing them as
offered or creating impression that something is being given or offered free of charge when it
is fully or partly covered by the amount charged, in the transaction as a whole;
(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of
promoting, directly or indirectly, the sale, use or supply of any product or any business
interest, except such contest, lottery, game of chance or skill as may be prescribed;
(c) withholding from the participants of any scheme offering gifts, prizes or other items
free of charge on its closure, the information about final results of the scheme.
Explanation.—For the purpose of this sub -clause, the participants of a scheme shall be
deemed to have been informed of the final results of the scheme where such results are within
a reasonable time published, prominently i n the same newspaper in which the scheme was
originally advertised;
(iv) permitting the sale or supply of goods intended to be used, or are of a kind likely to
be used by consumers, knowing or having reason to believe that the goods do not comply
with the standards prescribed by the competent authority relating to performance,
composition, contents, design, constructions, finishing or packaging as are necessary to
prevent or reduce the risk of injury to the person using the goods;
(v) permitting the hoarding or destruction of goods, or refusal to sell the goods or to make
them available for sale or to provide any service, if such hoarding or destruction or refusal
raises or tends to raise or is intended to raise, the cost of those or other similar goods or
services;
(vi) manufacturing of spurious goods or offering such goods for sale or adopting
deceptive practices in the provision of services;
(vii) not issuing bill or cash memo or receipt for the goods sold or services rendered in
such manner as may be prescribed;
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(viii) refusing, after selling goods or rendering services, to take back or withdraw
defective goods or to withdraw or discontinue deficient services and to refund the
consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt
or in the absence of such stipulation, within a period of thirty days;
(ix) disclosing to other person any personal information given in confidence by the
consumer unless such disclosure is made in accordance with the provisions of any law for the
time being in force.
CHAPTER II
CONSUMER PROTECTION COUNCILS
3. Central Consumer Protection Council. —(1) The Central Government shall, by notification,
establish with effect from such date as it may specify in that notification, the Central Consumer Protection
Council to be known as the Central Council.
(2) The Central Council shall be an advisory council and consist of the following members,
namely:—
(a) the Minister-in-charge of the Department of Consumer Affairs in the Central Government,
who shall be the Chairperson; and
(b) such number of other official or non -official members representing such interests as may be
prescribed.
4. Procedure for meetings of Central Council.—(1) The Central Council shall meet as and when
necessary, but at least one meeting of the Council shall be held every year.
(2) The Central Council shall meet at such time and place as the Chairperson may think fit and shall
observe such procedure in regard to the transaction of its business as may be prescribed.
5. Objects of Central Council. —The objects of the Central Council shall be to render advice on
promotion and protection of the consumers' rights under this Act.
6. State Consumer P rotection Councils .—(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.
(2) The State Council shall be an advisory council and consist of the following members, namely:—
(a) the Minister -in-charge of Consumer Affairs in the State Government who shall be the
Chairperson;
(b) such number of other official or non -official members representing such inte rests as may be
prescribed;
(c) such number of other official or non -official members, not exceeding ten, as may be
nominated by the Central Government.
(3) The State Council shall meet as and when necessary but not less than two meetings shall be held
every year.
(4) The State Council shall meet at such time and place as the Chairperson may think fit and shall
observe such procedure in regard to the transaction of its business, as may be prescribed.
7. Objects of State Council .—The objects of every Stat e Council shall be to render advice on
promotion and protection of consumer rights under this Act within the State.
8. District Consumer Protection Council .—(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.
(2) The District Council shall be an advisory council and consist of the following members,
namely:—
(a) the Collector of the district (by whatever name called), who shall be the Chairperson; and
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(b) such number of other official and non -official members representing such interests as may be
prescribed.
(3) The District Council shall meet as and when necessary b ut not less than two meetings shall be
held every year.
(4) The District Council shall meet at such time and place within the district as the Chairperson may
think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
9. Objects of District Council .—The objects of every District Council shall be to render advice on
promotion and protection of consumer rights under this Act within the district.
CHAPTER III
CENRAL CONSUMER PROTECTION AUTHORITY
10. Establishment of Central Consumer Protection Authority .—(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 Autho rity 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.
(2) The Central Authority shall consist of a Chief Commissioner and such number of other
Commissioners as may be prescribed, to be appointed by the Central Government to exercise the powers
and discharge the functions under this Act.
(3) The headquarters of the Central Authority shall be at such place in the National Capital Region of
Delhi, and it shall have regional and other offices in any other place in India as the Central Government
may decide.
11. Qualifications, method of recruitment, et c., of Chief Commissioner and Commissioners .—
The Central Government may, by notification, make rules to provide for the qualifications for
appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances,
resignation, removal and other terms and conditions of the service of the Chief Commissioner and
Commissioners of the Central Authority.
12. Vacancy, etc., not to invalidate proceedings of Central Authority .—No act or proceeding of
the Central Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Central Authority; or
(b) any defect in the appointment of a person acting as the Chief Commissioner or as a
Commissioner; or
(c) any irregularity in the procedure of the Central Authority not affecting the merits of the case.
13. Appointment of officers, experts, professionals and other employees of Central Authority.—
(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.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the
officers and other employees o f the Central Authority appointed under this Act shall be such as may be
prescribed.
(3) The Central Authority may engage, in accordance with the procedure specified by regulations,
such number of experts and professionals of integrity and ability, who hav e special knowledge and
experience in the areas of consumer rights and welfare, consumer policy, law, medicine, food safety,
health, engineering, product safety, commerce, economics, public affairs or administration, as it deems
necessary to assist it in the discharge of its functions under this Act.
14. Procedure of Central Authority . —(1) The Central Authority shall regulate the procedure for
transaction of its business and allocation of its business amongst the Chief Commissioner and
Commissioners as may be specified by regulations.
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(2) The Chief Commissioner shall have the powers of general superintendence, direction and control
in respect of all administrative matters of the Central Authority:
Provided that the Chief Commissioner may delegate such of his powers relating to administrative
matters of the Central Authority, as he may think fit, to any Commissioner (including Commissioner of a
regional office) or any other officer of the Central Authority.
15. Investigation Wing.—(1) The Central Authority shall have an Investigation Wing headed by a
Director-General for the purpose of conducting inquiry or investigation under this Act as may be directed
by the Central Authority.
(2) The Central Government may appoint a Director -General and such number of Ad ditional
Director-General, Director, Joint Director, Deputy Director and Assistant Director, from amongst persons
who have experience in investigation and possess such qualifications, in such manner, as may be
prescribed.
(3) Every Additional Director -General, Director, Joint Director, Deputy Director and Assistant
Director shall exercise his powers, and discharge his functions, subject to the general control, supervision
and direction of the Director-General.
(4) The Director-General may delegate all or an y of his powers to the Additional Director -General or
Director, Joint Director or Deputy Director or Assistant Director, as the case may be, while conducting
inquiries or investigations under this Act.
(5) The inquiries or the investigations made by the Di rector-General shall be submitted to the Central
Authority in such form, in such manner and within such time, as may be specified by regulations.
16. Power of District Collector .—The District Collector (by whatever name called) may, on a
complaint or on a reference made to him by the Central Authority or the Commissioner of a regional
office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on
matters relating to violations of consumer rights, unfair trade pract ices and false or misleading
advertisements, within his jurisdiction and submit his report to the Central Authority or to the
Commissioner of a regional office, as the case may be.
17. Complaints to authorities.—A complaint relating to violation of consume r rights or unfair trade
practices or false or misleading advertisements which are prejudicial to the interests of consumers as a
class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the
District Collector or the Commissioner of regional office or the Central Authority.
18. Powers and functions of Central Authority.—(1) The Central Authority shall—
(a) protect, promote and enforce the rights of consumers as a class, and prevent violation of
consumers rights under this Act;
(b) prevent unfair trade practices and ensure that no person engages himself in unfair trade
practices;
(c) ensure that no false or misleading advertisement is made of any goods or services which
contravenes the provisions of this Act or the rules or regulations made thereunder;
(d) ensure that no person takes part in the publication of any advertisement which is false or
misleading.
(2) Without prejudice to the generality of the provisions contained in sub -section (1), the Central
Authority may, for any of the purposes aforesaid,--
(a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or
unfair trade practices, either suo motu or on a complaint received or on the directions from the Central
Government;
(b) file complaints before the District Commission, the State Commission or the National
Commission, as the case may be, under this Act;
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(c) intervene in any proceedings before the District Commission or the State Commission or the
National Commission, as the case may be, in respect of any allegation of violation of consumer rights
or unfair trade practices;
(d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights,
including safeguards provided for the protection of consumers under any other law for the time being
in force and recommend appropriate remedial measures for their effective implementation;
(e) recommend adoption of international covenants and best international practices on consumer
rights to ensure effective enforcement of consumer rights;
(f) undertake and promote research in the field of consumer rights;
(g) spread and promote awareness on consumer rights;
(h) encourage non -Governmental organisations and other institutions working in the field of
consumer rights to co-operate and work with consumer protection agencies;
(i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary,
to prevent unfair trade practices and to protect consumers' interest;
(j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or
services;
(k) advise the Ministries and Departments of the Central and State Governments on consumer
welfare measures;
(l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest.
19. Power of Central Authority to refer matter for investigation or to other Regulator.—(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 the re exists a prima facie case, it shall cause investigation to be made
by the Director-General or by the District Collector.
(2) Where, after preliminary inquiry, the Central Authority is of the opinion that the matter is to be
dealt with by a Regulator est ablished under any other law for the time being in force, it may refer such
matter to the concerned Regulator along with its report.
(3) For the purposes of investigation under sub -section ( 1), the Central Authority, the Director
General or the District Collector may call upon a person referred to in sub -section (1) and also direct him
to produce any document or record in his possession.
20. PowerExcerpt shown. Open the full act in Lexace.