Consumerprotectionact2019 200724191943

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- Chetan Sarwade

 Consumer Protection Act, 2019 is a law to protect the


interests of the consumers. This act was inevitable to
resolve a large number of pending consumer complaints in
consumer courts across the country. It has ways and
means to solve the consumer grievances speedily.

 The Consumer Protection Act, 2019 replaced the old


Consumer Protection Act, 1986. The new bill was passed
by the president on Aug 06, 2019.
 To protect the interest of Consumers
 To establish authorities to protect Consumers
 Timely and Effective Administration
 Settlement of Consumer Disputes
 To stop Consumer Exploitation
 E – Commerce Rules & Regulations
 E – filling of Complaints
 Establishment of Central Consumer Protection Authority ( CCPA )
 Penalty for Misleading Advertisement
 The District Forum is renamed as District Commission
 6 New Rights to Consumers
 Enhancement of Pecuniary Jurisdiction
 Parties can be allowed to settle the disputes through interference
 The limitation period for filing of appeals to the State Commission has been
increased from 30 days to 45 days
 A Consumer can file a case wherever he resides
 The e-commerce rules will apply to all electronic retailers offering goods and
services to Indian consumers, whether registered in India or overseas
 E-tailers must compulsorily display details about return, refund, exchange,
warranty and guarantee, delivery and shipment, modes of payment, and grievance
redressal mechanism, and any other similar information that may be required by
consumers
 Companies are also not allowed to “manipulate the price" of goods and services
offered on their platforms to gain unreasonable profit or discriminate between
consumers of the same class
 E-commerce platforms will now have to acknowledge the receipt of any consumer
complaint within 48 hours
 A consumer can institute a complaint from where he resides.
 Sec 2 of the Consumer Protection Act, 2019 defines a complaint as any written
allegation made by a consumer to obtain relief under the Consumer Protection
Act in the case of an unfair contract, unfair trade practice, restrictive trade
practice, defective goods, deficiency of services or hazardous goods or service.
 A Consumer Complaint can be made either in a written manner or in electronic
mode
 A consumer complaint can be filed in the District Forum if the claims for goods
and services does not exceed Rs 1 Crore
 For claims where the value of goods and services is between Rs. 1 Crore to 10
Crore, the complaint can be filed in the State Commission
 If the value of goods and services exceeds Rs 10 Crore, a consumer complaint can
be filed in the National Commission.
 The next step requires serving a legal or personal notice to the opposite party.
Cases Value Fees

Upto Rs. 5 Lakhs No Fees

Rs. 5 Lakh – 10 Lakh Rs. 200

Exceeding Rs. 10 Lakhs Rs. 400

• A complainant is not required to pay any fee for filing an appeal in the
State Commission or National Commission.
 It is constituted to recognize offences such as providing false information regarding
the quality or quantity of a good or service, and misleading advertisements.
 It also specifies action to be taken if goods and services are found “dangerous,
hazardous or unsafe”.

Functions
 To Protect the rights of the Consumers against Unfair Trade Practices and False &
Misleading Advertisements.
 To ensure that all standards on packaged food items set by regulators
 Powers to investigate and inquire matters related to violation of customers rights.
 The right to be protected against the marketing of goods, products or services which are
hazardous to life and property.
 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
 The right to be assured, wherever possible, access to a variety of goods, products or services at
competitive prices
 The right to be heard and to be assured that consumer's interests will receive due consideration
at appropriate for a
 The right to seek redressal against unfair trade practice or restrictive trade practices or
unscrupulous exploitation of consumers
 The right to consumer awareness
Particulars Value
District Commission Does not Exceed Rs.1,00,00,000
( Can take Complaints if value of goods & ( 1 Crore)
services paid)

State Commission Rs.1,00,00,000 – Rs.10,00,00,000


( Can take Complaints if value of goods &
services paid)

National Commission Rs.10,00,00,000 and Above


( Can take Complaints if value of goods & ( 10 Crore )
services paid)
#External Source

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