Part 1 Introduction I.1 International Developments I.2 Consumer Protection in India I.3 Salient Features of the Consumer Protection Act, 2019 I.4 Consumer Welfare Fund I.5 Competition Act, 2002 Part 2 The Consumer Protection Act, 2019 0.1 Preamble and Interpretation of Statute 0.2 Preamble of the Act 0.3 Statement of Objects and Reasons CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application 2. Definitions 2.0 Definition Clause 2.1 Advertisement [Clause (1)] 2.2 Appropriate Laboratory [Clause (2)] 2.3 Branch Office [Clause (3)] 2.4 Central Authority [Clause (4)] 2.5 Complainant [Clause (5)] 2.6 Complaint [Clause (6)] 2.7 Consumer [Clause (7)] 2.8 Consumer Dispute [Clause (8)] 2.9 Consumer Rights [Clause (9)] 2.10 Defect [Clause (10)] 2.11 Deficiency [Clause (11)] 2.12 Design [Clause (12)] 2.13 Direct Selling [Clause (13)] 2.14 Director General [Clause (14)] 2.15 District Commission [Clause (15)] 2.16 E-commerce [Clause (16)] 2.17 Electronic Service provider [Clause (17)] 2.18 Endorsement [Clause (18)] 2.19 Establishment [Clause (19)] 2.20 Express Warranty [Clause (20)] 2.21 Goods [Clause (21)] 2.22 Harm (Clause (22)] 2.23 Injury [Clause (23)] 2.24 Manufacturer [Clause (24)] 2.25 Mediation [Clause (25)] 2.26 Mediator [Clause (26)] 2.27 Member [Clause (27)] 2.28 Misleading Advertisement [Clause 28)] 2.29 National Commission [Clause (29)] 2.30 Notification [Clause (30)] 2.31 Person [Clause (31)] 2.32 Prescribed [Clause (32)] 2.33 Product [Clause (33)] 2.34 Product Liability [Clause (34)] 2.35 Product Liability Action [Clause (35)] 2.36 Product Manufacturer [Clause (36)] 2.37 Product Seller [Clause (37)] 2.38 Product Service Provider [Clause (38)] 2.39 Regulations [Clause (39)] 2.40 Regulator [Clause (40)] 2.41 Restrictive Trade Practice [Clause (41)] 2.42 Service [Clause (42)] 2.43 Spurious Goods [Clause (43)] 2.44 State Commission [Clause (44) 2.45 Trader [Clause (45)] 2.46 Unfair Contract [Clause (46)] 2.47 Unfair Trade Practice [Clause (47) CHAPTER II CONSUMER PROTECTION COUNCIL 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 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 CHAPTER V MEDIATION 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 LIABILITY 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 law 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 Part 3 Select Leading Cases Part 4 Question Bank |