CONSUMER PROTECTION ACT, 2019
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 the
The Consumer Protection Act, 2019 (CPA, 2019), which supersedes the earlier Consumer Protection Act, 1986, aims to enhance consumer rights, streamline dispute resolution, and establish a robust framework for consumer protection. Section "Pre." appears to refer broadly to provisions related to pre-conditions, procedural requirements, and initial safeguards in consumer disputes, particularly emphasizing the importance of compliance, timely filing, and pre-deposits.
While the exact text of the section titled "Pre." is not provided, the references from the sources indicate that it deals with pre-conditions for filing appeals, the necessity of pre-deposits, and procedural safeguards such as limitation and filing requirements. It emphasizes that certain procedural conditions, such as pre-deposit of a specified percentage of the claim, are necessary for the maintainability of appeals before higher forums like the National Consumer Disputes Redressal Commission (NCDRC). It also clarifies that these conditions are statutory and must be strictly adhered to, except where specific exemptions apply, especially for complaints filed before the commencement of the 2019 Act.
The scope covers:- The conditions under which appeals can be entertained.- The pre-deposit conditions applicable to appeals before the National Commission.- The procedural safeguards to prevent frivolous or delayed appeals.- Clarification that pre-deposit conditions are statutory and cannot be relaxed arbitrarily.- The applicability of these provisions to complaints filed both before and after the commencement of the 2019 Act.- The role of the Court in ensuring compliance and preventing misuse of procedural provisions.
While the section itself does not prescribe punishment, non-compliance with procedural conditions (such as failure to deposit the requisite amount or filing beyond prescribed time) results in dismissal of the appeal or complaint, effectively acting as a punitive measure against procedural defaults. The courts have consistently upheld dismissal for non-compliance, emphasizing the importance of adherence to statutory pre-conditions.
In conclusion, the "Pre." provisions of the Consumer Protection Act, 2019, underscore the importance of procedural discipline, pre-deposits, and timely filings to maintain the integrity of the consumer dispute resolution mechanism. While procedural strictness is essential, provisions for condonation and exemption for cases filed before the Act's commencement ensure access to justice is not unduly hampered.
(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 date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for
Section 1 of the Consumer Protection Act, 2019, lays down the preliminary provisions including the short title, extent, commencement, and application of the Act. It establishes the framework for the entire legislation, setting the tone for consumer rights and protections across India.
Section 1 states:- Subsection (1): The Act may be called the Consumer Protection Act, 2019.- Subsection (2): It extends to the whole of India except the State of Jammu and Kashmir (note: now applicable nationwide after abrogation of Article 370).- Subsection (3): The Act shall come into force on such date as the Central Government may, by notification, specify.
Section 1 itself does not prescribe any punishment or penalty. Its role is primarily declaratory, laying down the title, scope, and commencement. Penalties and offences are detailed in other sections of the Act, such as penalties for misleading advertisements or unfair trade practices.
"Scope and Extent" - Section 1(2) clearly states the Act's territorial ambit as the entire country, ensuring nationwide consumer protection coverage. This broad scope facilitates uniform enforcement of consumer rights. [Source: ""]
"Legal Title and Enactment" - The Act is officially titled the Consumer Protection Act, 2019, replacing the earlier 1986 Act, reflecting modernized provisions for contemporary consumer issues. [Source: ""]
"Commencement Clause" - The provision that the Act shall come into force on a date notified by the Central Government allows flexibility and ensures readiness before enforcement. [Source: ""]
"Legal Foundation" - Section 1 provides the constitutional and legislative basis for establishing authorities like the Central Consumer Protection Authority (CCPA) and Consumer Disputes Redressal Commissions. [Source: ""]
"Uniform Application" - The nationwide applicability ensures that consumers across all states and union territories are afforded equal rights and remedies, promoting legal certainty. [Source: ""]
"Exclusion of Jammu & Kashmir" - Initially, the Act did not extend to Jammu and Kashmir, but subsequent amendments and notifications have made it applicable across India, aligning with the Act's intent for comprehensive coverage. [Source: ""]
"Legal Clarity" - Section 1(1) emphasizes the importance of the Act's title in establishing its legal identity, facilitating legal referencing and enforcement. [Source: ""]
"Enforcement Mechanism" - The provisions under Section 1 set the stage for establishing enforcement authorities, which are empowered to investigate and penalize unfair trade practices, misleading advertisements, etc. [Source: ""]
"Legal Certainty" - By clearly defining the scope and commencement, Section 1 minimizes ambiguity, ensuring that the Act's provisions are enforceable from the notified date. [Source: ""]
"Legislative Intent" - The language of Section 1 reflects the legislative intent to provide a comprehensive, accessible, and enforceable framework for consumer protection across India. [Source: ""]
"Alignment with International Standards" - The Act's scope and provisions aim to align with global consumer protection standards, emphasizing rights to safety, information, and redress. [Source: ""]
"Legal Hierarchy" - Section 1 anchors the Act within the legislative hierarchy, ensuring that subsequent sections derive legitimacy and authority from this foundational provision. [Source: ""]
"Penalties and Offences" - While Section 1 does not specify penalties, it provides the constitutional basis for offences under the Act, such as false advertising, unfair trade practices, and breach of consumer rights, which are detailed elsewhere. [Source: ""]
"Legal Uniformity" - The nationwide scope ensures uniform application of consumer laws, reducing jurisdictional conflicts and promoting consistent jurisprudence. [Source: ""]
"Policy Objective" - The provision under Section 1 reflects the policy objective of empowering consumers, promoting fair trade, and ensuring accountability among service providers and manufacturers. [Source: ""]
"Legal Adaptability" - The clause allowing the Government to notify the commencement date provides adaptability to changing administrative and infrastructural conditions. [Source: ""]
"Legal Certainty for Stakeholders" - Clear definition of the Act's scope and applicability provides certainty for consumers, traders, and authorities, facilitating compliance and enforcement. [Source: ""]
"Overall Significance" - As the introductory section, Section 1 sets the tone and scope for the entire legislation, embodying the core principles of consumer rights, protection, and redress in India. [Source: ""]
Note: The references are based on the provided sources, which primarily contain legislative summaries and interpretations.
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 media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents;
(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:—
The Consumer Protection Act, 2019 (CPA 2019) is a significant legislative reform aimed at enhancing consumer rights and providing a robust framework for the redressal of consumer grievances. Section 3 of the Act plays a pivotal role in establishing the scope and applicability of the law, ensuring that consumers have access to justice and remedies for grievances.
Section 3 of the CPA 2019 states that the provisions of the Act shall apply to all goods and services unless otherwise specified. It emphasizes that the Act is intended to provide additional remedies to consumers, thereby reinforcing their rights and interests.
The scope of Section 3 is broad, encompassing all transactions involving goods and services. It ensures that consumers can seek redressal for grievances related to unfair trade practices, defective goods, and deficient services. The section also allows for concurrent remedies under other statutes, such as the Real Estate (Regulation and Development) Act, 2016.
While Section 3 itself does not prescribe specific punishments, it lays the groundwork for enforcement mechanisms and penalties outlined in other sections of the CPA 2019, particularly concerning unfair trade practices and violations of consumer rights.
This commentary highlights the significance of Section 3 of the Consumer Protection Act, 2019, in safeguarding consumer rights and providing a comprehensive framework for redressal.
(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.
The objects of the Central Council shall be to render advice on promotion and protection of the consumers' rights under this Act.
(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:—
Section 6 of the Consumer Protection Act, 2019, primarily deals with the establishment and functioning of State Consumer Protection Councils. It aims to promote and protect consumer rights at the state level by facilitating cooperation among various stakeholders, including government authorities, consumer organizations, and industry representatives. This section underscores the importance of institutional mechanisms for consumer welfare and lays down the framework for the constitution and operation of State Councils.
Section 6 mandates that each State Government shall, by notification, establish a State Consumer Protection Council (SCPC). The section specifies:- The composition of the Council, including the Chairperson (usually the Minister in charge of Consumer Affairs) and other members representing government departments, consumer organizations, industry, and trade.- The functions of the Council, which include promoting and protecting consumer rights, spreading awareness, and advising the State Government on consumer-related issues.- The Council shall meet periodically to review consumer issues and recommend measures for consumer welfare.
Section 6 itself does not prescribe any punishment or penal provisions. Its primary function is institutional, aimed at establishing councils for consumer welfare. Any violations related to the functioning of these councils or non-establishment would be subject to penalties under other provisions of the Act, such as penalties for non-compliance with directions or failure to perform statutory duties.
In summary, Section 6 of the Consumer Protection Act, 2019, establishes a vital institutional mechanism at the state level to promote, protect, and advocate for consumer rights. While it does not prescribe penalties, its role in fostering a structured approach to consumer welfare is fundamental to the overall framework of consumer protection law in India.
**- [Section 6, Consumer Protection Act, 2019]- [Consumer Protection Act, 2019 – Official Text]- [Legal Commentaries and Judicial Interpretations on Consumer Councils]- [International Best Practices in Consumer Protection]
The objects of every State Council shall be to render advice on promotion and protection of consumer rights under this Act within the State.
(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:—
The Consumer Protection Act, 2019 (CPA 2019) aims to safeguard consumer rights and establish a framework for the resolution of consumer disputes. Section 8 of the Act specifically addresses the establishment of District Consumer Protection Councils, which play a crucial role in advising on consumer protection matters at the district level.
Section 8 mandates the establishment of a District Consumer Protection Council in every district by the state government. The council is tasked with advising on consumer protection issues and promoting consumer rights.
The scope of Section 8 extends to:- Advising the government on consumer protection policies.- Promoting awareness about consumer rights among the public.- Addressing grievances and issues faced by consumers at the district level.
While Section 8 itself does not prescribe specific penalties, failure to comply with the provisions of the CPA 2019 can lead to penalties as outlined in other sections of the Act, including fines and imprisonment for misleading advertisements or unfair trade practices.
The objects of every District Council shall be to render advice on promotion and protection of consumer rights under this Act within the district.
Section 9 of the Consumer Protection Act, 2019, emphasizes the role and functions of District and State Consumer Disputes Redressal Commissions, including their powers, jurisdiction, and scope to promote and protect consumer rights. It aims to establish effective mechanisms for timely redressal of consumer grievances, ensuring fair trade practices and enforcement of consumer rights within districts and states.
Section 9 prescribes the objectives of District and State Commissions, including:- To render advice on the promotion and protection of consumer rights.- To facilitate the speedy and effective resolution of consumer disputes.- To exercise powers vested in civil courts under the Civil Procedure Code, 1908, for matters such as summoning witnesses, requiring documents, issuing commissions, etc.- To promote consumer awareness and education within their jurisdiction.
Section 9 itself does not specify penalties or punishments. However, violations of the provisions, such as misuse of powers, unfair trade practices, or non-compliance with orders, may attract penalties under the broader framework of the Act, including fines and imprisonment for offences like misleading consumers, unfair trade practices, or tampering with evidence as per Sections 88-93 of the Act.
Section 9 of the Consumer Protection Act, 2019, significantly enhances the powers, jurisdiction, and functions of District and State Consumer Disputes Redressal Commissions, making them vital instruments for the promotion, protection, and enforcement of consumer rights. It ensures that consumers have accessible, speedy, and effective remedies, backed by powers akin to civil courts, thereby strengthening the consumer protection framework in India.
Note: The references are drawn from the provided sources, especially "consumer protection act 2019.pdf" and related legal summaries.
(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 Authority 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.
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.
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
(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 of the Central Authority appointed under this Act shall be such as may be prescr (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. (2) The Chief Commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Central Authority: (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 Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director, from amongst persons who hav 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 practices 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. A complaint relating to violation of consumer 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.S.14 Procedure of Central Authority
S.16 Power of District Collector
S.17 Complaints to authorities
(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 mad
(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 there exists a prima facie case, it shall cause investigation to be made
Where the Central Authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pass such order as may be necessary, including—
(a) recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe;
(b) reimbursement of the prices of goods or services so recalled to
(1) Where the Central Authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order.
(1) For the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19, the Director-General or any other officer authorised by him in this behalf, or the District Collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,—
(a) enter at any reasonable time into a
The Central Government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the Central Authority referred to in section 10.
A person aggrieved by any order passed by the Central Authority under sections 20 and 21 may file an appeal to the National Commission within a period of thirty days from the date of receipt of such order.
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Central Authority grants of such sums of money as that Government may think fit for being utilised for the purposes of this Act.
(1) The Central Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Central Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payab
(1) The Central Authority shall prepare once in every year, in such form, manner and at such time as may be prescribed, an annual report giving full account of its activities during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the Central Government.
(2) A copy of the annual report received under sub-section (1) shall be laid, as soon as may be after it is rece
(1) The State Government shall, by notification, establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district of the State:
Provided that the State Government may, if it deems fit, establish more than one District Commission in a district.
(2) Each District Commission shall consist of—
The Central Government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the District Commission.
The State Government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the President, and members of the District Commission.
Section 30 of the Consumer Protection Act, 2019, pertains to the salaries, allowances, and other terms and conditions of service for the President and Members of the Consumer Disputes Redressal Commissions (State and District). It aims to establish clear provisions for the remuneration and service conditions of these statutory authorities, ensuring their independence and proper functioning within the framework of consumer protection.
Section 30 authorizes the State Government to make rules regarding:- Salaries and allowances of the President and Members of the State Commission and District Commission.- Other terms and conditions of service, including tenure, retirement, and disciplinary procedures.- The rules are to be notified and are intended to ensure fair remuneration and service conditions, facilitating effective discharge of duties by the authorities.
In summary, Section 30 of the Consumer Protection Act, 2019, provides a vital legal mechanism for the State Governments to frame rules governing the salaries and service conditions of the Consumer Disputes Redressal Commissions, thereby ensuring their independence, efficiency, and integrity in delivering consumer justice.
Any person appointed as President or, as the case may be, a member of the District Commission immediately before the commencement of this Act shall hold office as such as President or, as the case may be, as member till the completion of his term for which he has been appointed.
If, at any time, there is a vacancy in the office of the President or member of a District Commission, the State Government may, by notification, direct—
(a) any other District Commission specified in that notification to exercise the jurisdiction in respect of that district also; or
(b) the President or a member of any other District Commission specified in that notification to
(1) The State Government shall provide the District Commission with such officers and other employees as may be required to assist the District Commission in the discharge of its functions.
(2) The officers and other employees of the District Commission shall discharge their functions under the general superintendence of the President of the District Commission.
(3) The salaries
(1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:
Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.
(2) A complaint shall be instituted in a District Co
Section 34 of the Consumer Protection Act, 2019 delineates the jurisdiction of the District Consumer Disputes Redressal Commission, primarily focusing on the monetary limits within which complaints can be entertained. It is a pivotal provision that defines the scope of consumer forums based on the value of the goods or services involved, ensuring accessible and efficient redressal for consumers across India.
Section 34(1) states that the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees, subject to other provisions of the Act. It explicitly links the jurisdiction to the consideration paid, not the total value of goods or services, and incorporates the residence or place of work of the complainant or opposite party, especially in cases involving the complainant’s residence or personal gain.
While Section 34 itself does not prescribe punishments, violations related to jurisdictional misrepresentation or filing frivolous complaints can attract penalties under the broader provisions of the Consumer Protection Act, including fines up to ₹10 lakh and imprisonment for up to 3 years for certain offences, especially in cases of unfair trade practices or misrepresentation.
In conclusion, Section 34 of the Consumer Protection Act, 2019, strikes a balance between accessibility and judicial efficiency by setting clear monetary limits and broadening territorial jurisdiction, especially in the context of digital transactions. Its constitutional validity and adaptability to modern commerce have been affirmed by courts, making it a cornerstone of consumer dispute resolution in India.
(1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by—
(a) the consumer,—
(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or
Legal Comments
"Definition of Consumer" - The 1986 Act (and 2019 Act equivalents) recognize individuals who acquire insurance for livelihood or self-employment as "consumers"; commercial purpose alone does not bar consumer status [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)] [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)].
"Arbitration clause not bar to consumer forum" - Existence of an arbitration clause in insurance contracts does not extinguish the consumer forum's jurisdiction where the insurer disputes liability or repudiates a claim; consumer fora may adjudicate such claims [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)].
"Arbitration clause and claims - interplay" - In contexts of insurance repudiation, arbitration clauses do not compel referral to arbitration; the forum retains jurisdiction to adjudicate deficiency in services and repudiation disputes [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)].
"Admission in surveyor report" - If a surveyor’s report admits coverage and supports the claim, repudiation by the insurer may be deficient in service; the forum may direct payment of the admitted loss (e.g., Rs. 69,82,987 or similar sums) [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)].
"Delay in real estate possession – refunds with interest" - Where possession is delayed or project incomplete, complainants are entitled to refunds of payments with interest, and may be awarded costs; courts frequently order refunds with interest (commonly 6-12% p.a.) along with costs [Parsvnath Exotica Ghaziabad Flat Buyers Association VS Parsvnath Developers Ltd. - Consumer (2020)] [Sunil Gupta VS Assotech Moonshine Urban Developers Pvt. Ltd. - Consumer (2023)] [Varinder Kumar VS Emerging Valley (P) Limited - Consumer (2021)].
"Delay in possession – specific compensation rates" - Courts have varied rates for delay compensation (8-9% p.a. or 6-9%), often from the date of promised possession until actual possession; where possession is not delivered, refunds plus interest and litigation costs are typical reliefs [Surender Singh VS Vardhman Buildtech Pvt. Ltd. - Consumer (2021)] [Varinder Kumar VS Emerging Valley (P) Limited - Consumer (2021)] [Nallamilli Lakshmi VS Gharonda Builders & Developers - Consumer (2023)] [Amarjit Singh Sidhu VS Parsvnath Developers Ltd. - Consumer (2022)].
"Joint/representative complaints" - The Act permits joint complaints and recognizes that a small number of consumers may share an interest; the Supreme Court/NCDRC guidance allows joint actions where there is sameness of interest but distinguishes from representative capacity; order 8 CPC may be used where appropriate to manage joinder [Alpha G184 Owners Association VS Magnum International Trading Company Pvt. Ltd. - 2023 4 Supreme 555] [Brigade Enterprises Limited VS Anil Kumar Virmani - 2022 1 Supreme 361] [Surender Singh VS Vardhman Buildtech Pvt. Ltd. - Consumer (2021)].
"Definition of 'consumer' for real estate / housing" - Purchasers of residential flats are generally treated as consumers, even where there are many buyers; the forum may treat complaints about delayed possession as within consumer jurisdiction, awarding refunds with interest and sometimes damages or costs; occupancy certificates and possession conditions are key evidentiary points [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)] [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)] [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)].
"Delay vs. abandonment – refund and interest" - Where projects are delayed or abandoned, courts often require refund of the deposited amounts with interest, plus compensation for mental agony/harassment and costs; some judgments also award significant sums for misrepresentation or unfair trade practices [Taken up through video conferencing Chinar Herbs VS National Insurance Company Limited - Consumer (2021)] [Sunil Gupta VS Assotech Moonshine Urban Developers Pvt. Ltd. - Consumer (2023)] [Varinder Kumar VS Emerging Valley (P) Limited - Consumer (2021)].
"Evidence-based repudiation - surveyor reports" - When insurers rely on survey reports to deny claims, courts scrutinize the basis of such reports; where reports are found arbitrary or inadequately supported, the insurer may be ordered to pay the claimed amount with interest [Citizen Scale (India) Pvt. Ltd. VS New India Assurance Co. Ltd. - Consumer (2022)] [HCC-CPPL JV VS ICICI Lombard General Insurance Company Ltd. - Consumer (2023)].
"Limitation and fresh cause of action" - Complaints under the 2019 Act are subject to limitation; beholders should critically assess whether a fresh cause of action arises or whether delay cannot be condoned; petitions filed beyond limitation are often dismissed [Satya Brat Jaiswal VS Vedic Conclave Private Limited - Consumer (2023)] [Satya Brat Jaiswal VS Vedic Conclave Private Limited - Consumer (2023)].
"Pecuniary jurisdiction under 2019 Act" - The National Commission retains jurisdiction for certain total consideration amounts; multiple complainants’ aggregate sums may fall within the Commission’s pecuniary limits; governance of 2019 Act clarifies jurisdictional thresholds [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)] [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)].
"Arbitration and consumer rights in real estate" - The presence of arbitration clauses in buyer-seller arrangements does not bar a consumer complaint about delay or deficiency; courts emphasize consumer protection objectives and ensure access to redress against builders/developers [Shamsher Singh Dinarpur VS Emerging India Housing Corporation Pvt. Ltd. - Consumer (2021)] [Jacob Punnen VS United India Insurance Co. Ltd. - 2022 1 Supreme 304].
"Professional services exclusions debate" - There exists a line of authority excluding professionals (e.g., lawyers) from CP Act protection; the Supreme Court has indicated that professional services may be sui generis and not fall within consumer protection in some contexts; however, this remains a contested point depending on the service and jurisdiction [Bar of Indian Lawyers through its President Jasbir Singh Malik VS D. K. Gandhi PS National Institute of Communicable Diseases - 2024 4 Supreme 483].
"Marine/insurance-specific issues – indemnity vs. exclusion clauses" - In marine/insurance disputes, the contract of insurance is to be construed strictly with utmost good faith; non-disclosure and unilateral policy changes impacting coverage can amount to deficiency in service, leading to relief in favor of the insured where warranted [Hind Offshore Pvt. Ltd. VS IFFCO - Tokio General Insurance Co. Ltd. - 2023 5 Supreme 708] [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)].
"Conclusion on scope of Section 35/58 interplay" - The 2019 Act broadens access to consumer fora for housing and real estate disputes (Section 35) and recognizes class actions or joint complaints; courts emphasize timely possession, refunds with interest, compensation for losses, and costs, while allowing for joint action when sufficient sameness of interest exists [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)] [Surender Singh VS Vardhman Buildtech Pvt. Ltd. - Consumer (2021)].
"Remedies commonly ordered" - Typical orders include: refund of deposits or payments with interest; delay compensation (often at 6-12% p.a. or as specified); costs of litigation; compensation for mental harassment; interim relief (status quo) or orders to complete/hand over possession; and where applicable, occupancy certificates and conveyance documentation [Surender Singh VS Vardhman Buildtech Pvt. Ltd. - Consumer (2021)] [Amarjit Singh Sidhu VS Parsvnath Developers Ltd. - Consumer (2022)] [Tejas Dutta VS Logix Heights Pvt. Ltd. - Consumer (2025)].
"Important procedural note" - When a complaint involves real estate and delay, the forum may order interim relief and set timelines for completion or refund; conversely, if the project is not viable, outright refunds with interest may be ordered; arbitration clauses should not automatically preclude consumer relief [Anjaneya Jewellery VS New India Assurance Co. Ltd. - Consumer (2021)] [Satya Brat Jaiswal VS Vedic Conclave Private Limited - Consumer (2023)].
"Key takeaway for practitioners" - For 2019 Act claims, focus on: establishing "consumer" status, proving deficiency in service or unfair trade practice, demonstrating delay/abandonment, ensuring proper forum jurisdiction (including CPC Order 8 considerations for joint complaints), and securing relief that includes deposits, interest, and costs; also be vigilant about limitation issues and the need for credible documentary evidence (survey reports, occupancy certificates, agreements, and payment schedules) [Goel Spinning & Weaving Mills VS United India Insurance Co. Ltd. - Consumer (2022)] [Parsvnath Exotica Ghaziabad Flat Buyers Association VS Parsvnath Developers Ltd. - Consumer (2020)] [Brigade Enterprises Limited VS Anil Kumar Virmani - 2022 1 Supreme 361].
(1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together:
Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member.
(2)
(1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V.
(2) Where the parties agree for sett
(1) The District Commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaint.
(2) Where the complaint relates to any goods, the District Commission shall,—
(a) refer a copy of the admitted complaint, w
Section 38 of the Consumer Protection Act, 2019 (CPA 2019) lays down the procedural framework for the admission and handling of consumer complaints by the District, State, and National Consumer Disputes Redressal Commissions. It emphasizes expeditious disposal, powers of the commissions, and procedural safeguards, including the issuance of summons, examination of witnesses, and issuance of commissions for local inspections.
Section 38 prescribes:- The procedure on admission of complaints (38(1))- The powers of commissions upon admission (38(2))- The process of referring complaints for settlement or mediation (38(3))- The timelines for filing written statements (38(3)(a))- The consequences of failure to file or dispute within stipulated time (38(3)(b))- The power to decide complaints on merits even if the complainant fails to appear (38(3)(c))- The authority to issue commissions for examination of witnesses or documents (38(9))- The applicability of civil procedure provisions (38(11))- The mandate for expeditious disposal (38(7))- The procedure for cases involving death or substitution (38(6))
Timelines - The Act mandates strict timelines for filing responses (30 days + 15 days extension). Non-compliance leads to the respondent losing the right to file a written statement, as held in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020) SCC 757 [Ref: Para 20].
Power to issue commissions - Section 38(9) explicitly grants commissions for examining witnesses or documents, including local inspections. Courts have clarified that this power is akin to civil courts' powers under CPC, but cannot be exercised arbitrarily or without jurisdiction (see in the high court of Kerala at Ernakulam [Ref: Para 6]).
Exercising jurisdiction - The commissions have the power to decide cases on merits even if the respondent fails to file a response within the prescribed time, provided they continue to participate (see ARN Infrastructure (supra)). However, filing a response after the deadline is generally not permissible unless extended due to extraordinary circumstances.
Effect of COVID-19 - Supreme Court’s order dated 23.03.2020 extended limitation in all proceedings, including filing written statements, till further orders, which courts have upheld, allowing delays beyond the normal period (see Supreme Court order in SMW(C) No. 3/2020).
Procedural safeguards - The provisions of CPC are applicable to proceedings before consumer commissions unless explicitly excluded. The courts have emphasized that procedural delays due to extraordinary circumstances (pandemic) can be condoned, especially when courts have extended timelines (see Boehringer Ingelheim Pharma Gmbh & Ors.).
Decision on merits despite non-filing - Courts have held that even if a party does not file a response within time, the commission can proceed to decide on merits if the party continues to participate or makes submissions, as clarified in Nanda Dulal Pradhan (supra).
Local inspections - The power to issue commissions for local inspection is explicitly granted by Section 38(9). Courts have clarified that such powers are akin to civil courts and cannot be exercised without proper authority or jurisdiction (see in the high court of Andhra Pradesh).
Natural justice and fairness - Courts have condemned arbitrary rejection of responses or evidence, especially when delays are due to genuine reasons such as the pandemic. The Supreme Court’s directions have been interpreted to extend the period of limitation, thus protecting parties’ rights (see Supreme Court in M/s SS Group Pvt. Ltd.).
Order of dismissal for delay - Courts have consistently held that dismissing a complaint or order for non-filing beyond the prescribed period without considering extensions granted due to COVID-19 is contrary to law, as in Order in Writ Petition (C) No. 28138/2023.
Legal consequences of non-compliance - Orders for penalties, costs, or contempt proceedings are within the jurisdiction of consumer commissions to ensure compliance and prevent abuse of process.
Substitution of parties - Section 38(6) and related provisions clarify procedures for substitution after death, emphasizing the importance of timely applications and the consequences of delay, as discussed in Section 13(7) of the Consumer Protection Act, 1986.
Decisions on preliminary issues - The courts have clarified that preliminary issues, such as jurisdiction, can be tried by the commission but cannot be framed as ‘preliminary’ if the law does not provide for such framing, as per Order in the high court of Kerala at Ernakulam [Ref: Paras 6-10].
Participation despite forfeiture - Even when a party’s right to file a response is forfeited, they can still participate in proceedings, cross-examine witnesses, and make submissions, as clarified in Nanda Dulal Pradhan (supra).
Role of evidence and pleadings - Courts have reiterated that no evidence can be led on facts not pleaded or set up in the pleadings, emphasizing the importance of proper compliance with procedural rules (see Nalini Sunder v. G.V. Sunder).
Legal interpretation of ‘same interest’ - The requirement under Section 35(1)(c) is that all complainants must have the same interest, but not necessarily the same cause of action. Courts have clarified that delay or individual grievances do not automatically entitle all to file joint or representative complaints (see Order in the case of Section 35(1)(c)).
Effect of model or model discontinuation - The discontinuation or upgrade of models by manufacturers does not imply defect per se. Courts have held that such industry practices do not automatically establish manufacturing defect or liability (see Appeal in Civil Appeal No. 3975/2018).
Liability of manufacturers vs. dealers - Courts have clarified that the manufacturer is primarily liable for manufacturing defects, but the dealer’s actions are separate, and liability cannot be fastened unless direct negligence or defect is proved (see Appeals involving vehicle defects).
Procedural irregularities and irregular exercise of jurisdiction - Courts have annulled orders passed without proper authority, especially when procedural provisions like issuing commissions or examining witnesses are not followed properly (see in Andhra Pradesh and Kerala).
Order for expeditious disposal - The courts have repeatedly emphasized that the primary aim of Section 38(7) and related provisions is to ensure speedy justice, and orders delaying proceedings beyond reasonable time are liable to be set aside.
Section 38 of the CPA 2019 establishes a detailed procedural framework aimed at ensuring timely and fair resolution of consumer disputes. It confers powers akin to civil courts, including issuing commissions for local inspections, examining witnesses, and deciding cases on merits even in the absence of responses. Courts have clarified that procedural timelines are mandatory but can be extended in extraordinary circumstances such as the COVID-19 pandemic, especially when courts have issued specific orders extending limitation periods. Non-compliance with these timelines, without valid reasons, leads to dismissal or rejection of complaints and appeals. The judiciary emphasizes balancing procedural rigor with fairness, ensuring that parties are not deprived of their rights due to delays caused by genuine reasons or circumstances beyond their control.
This concise legal commentary synthesizes judicial interpretations, statutory provisions, and recent case law to elucidate the scope, application, and procedural safeguards under Section 38 of the Consumer Protection Act, 2019.
(1) Where the District Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:—
(a) to remove the defect pointed out by the approp
The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:
Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that
(1) The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State.
(2) The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette:
Provided that t
The Central Government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission.
The State Government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the President and members of the State Commission.
Any person appointed as President or, as the case may be, a member of the State Commission immediately before the commencement of this Act shall hold office as such, as President or member, as the case may be, till the completion of his term.
(1) The State Government shall determine the nature and categories of the officers and other employees required to assist the State Commission in the discharge of its functions and provide the Commission with such officers and other employees as it may think fit.
(2) The officers and other employees of the State Commission shall discharge their functions under the general superintendence of the President.
(1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction— (a) to entertain— (i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore: Provided that where the Central Government deems it necessary so to On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires.S.48 Transfer of cases
(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the State Commission.
(2) Without prejudice to the provisions of sub-section (1), the State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void.
The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
(1) Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:
Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days
An appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission:
Provided that no adjournment shall ordinarily be granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have
(1) The Central Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission.
(2) The National Commission shall ordinarily function at the National Capital Region and perform its functions at such other places as the Central Government may in consultation with the National Commission notify in the Official Gazette:
The National Commission shall consist of— (a) a President; and. (b) not less than four and not more than such number of members as may be prescribed.
(1) The Central Government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission:
Provided that the President and members of the National Commission shall hold office for such term as specified in the rules made by the Central Government but not exceeding five years from the date o
The President and every other member appointed immediately before the commencement of section 177 of the Finance Act, 2017, (7 of 2017) shall continue to be governed by the provisions of the Consumer Protection Act, 1986, (68 of 1986) and the rules made thereunder as if this Act had not come into force.
(1) The Central Government shall provide, in consultation with the President of the National Commission, such number of officers and other employees to assist the National Commission in the discharge of its functions as it may think fit.
(2) The officers and other employees of the National Commission shall discharge their functions under the general superintendence of the President of the National Commission.
(1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction— (a) to entertain— (i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore: Provided that where the Central Government deems it necessary so to do, it may prescribe such other val (1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission. (2) Without prejudice to sub-section (1), the National Commission may also declare any terms of contract, which is unfair to any consumer to be null and void.S.59 Procedure applicable to National Commission
The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
Where an order is passed by the National Commission ex parte, the aggrieved party may make an application to the Commission for setting aside such order.
On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission.
When the office of President of the National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the National Commission:
Provided that where a retired Judge of a High Court or a person who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more
No act or proceeding of the District Commission, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
(1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means.
(2) Wit
Where the National Commission or the State Commission, as the case may be, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the National Commission or the State Commission, as the case may be.
Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not fil
Every order of a District Commission or the State Commission or the National Commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this Act, be final.
(1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he h
Section 69 of the Consumer Protection Act, 2019, governs the limitation period for filing consumer complaints before the Consumer Fora. It emphasizes the importance of timely filing to ensure expeditious justice for consumers and aims to prevent prolonged litigation. This provision aligns with the overarching objective of the Act to provide a speedy, simple, and effective redressal mechanism for consumer grievances.
Section 69 of the Consumer Protection Act, 2019, underscores the importance of timely filing of consumer complaints, with a strict two-year limitation period from the cause of action. While the provision allows for condonation of delay in exceptional circumstances, the reasons must be convincingly recorded. The provision aims to uphold the Act’s fundamental objective of providing swift justice and preventing frivolous or dilatory litigation, thereby strengthening consumer rights and ensuring effective redressal.
Note: This commentary synthesizes judicial pronouncements, statutory provisions, and judicial principles from the provided sources, emphasizing the importance of limitation and the discretion exercised by Consumer Fora under Section 69.
(1) The National Commission shall have the authority to lay down such adequate standards in consultation with the Central Government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative control over all the State Commissions in the following matters, namely:—
(a) monitoring performance of the State Commissions in terms of their disposal by calling for periodical returns regarding the institution,
Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act.
(1) Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Pr
Section 72 of the Consumer Protection Act, 2019, establishes penalties for non-compliance with orders passed by consumer forums, including District, State, and National Commissions. It aims to enforce timely compliance and uphold the authority of consumer dispute resolution authorities through penal measures, including imprisonment and fines.
Section 72 mandates that any person who fails to comply with an order issued by a consumer forum shall be punishable with imprisonment for a term of at least one month, which may extend up to three years, and/or a fine. The section also provides for the appellate remedy against such orders, allowing aggrieved parties to appeal to higher authorities.
This commentary synthesizes the legal provisions, judicial interpretations, and procedural safeguards related to Section 72 of the Consumer Protection Act, 2019, highlighting its role as a crucial enforcement mechanism.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—
(a) the order made by the District Commission to the State Commission;
(b) the order made by the State Commission to the National Commission; and
(1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State.
(2) The Central Government shall establish, by notification, a consumer mediation cell to be attached to the National Commission and each of the regional Benches.
(1) For the purpose of mediation, the National Commission or the State Commission or the District Commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the President and a member of that Commission.
(2) The qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of tra
The District Commission, the State Commission or the National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involved.
It shall be the duty of the mediator to disclose—
(a) any personal, professional or financial interest in the outcome of the consumer dispute;
(b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and
(c) such other facts as may be specified by regulations.
Where the District Commission or the State Commission or the National Commission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediator.
(1) The mediation shall be held in the consumer mediation cell attached to the District Commission, the State Commission or the National Commission, as the case may be.
(2) Where a consumer dispute is referred for mediation by the District Commission or the State Commission or the National Commission, as the case may be, the mediator nominated by such Commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the cir
(1) Pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives.
(2) The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the
(1) The District Commission or the State Commission or the National Commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly.
(2) Where the consumer dispute is settled only in part, the District Commission or the State Commission or the National Commission, as the case may be, shall record settlement of the issues whic
This Chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product seller.
A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.
(1) A product manufacturer shall be liable in a product liability action, if—
(a) the product contains a manufacturing defect; or
(b) the product is defective in design; or
(c) there is a deviation from manufacturing specifications; or
(d) the product
A product service provider shall be liable in a product liability action, if—
(a) the service provided by him was faulty or imperfect or deficient or in adequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or (b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or
A product seller who is not a product manufacturer shall be liable in a product liability action, if—
(a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or
(b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or
(1) A product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modified.
(2) In any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer shall not be liable, if—
(a) the product was purchased by an employer for use at the workplace and the product manufac
Whoever, fails to comply with any direction of the Central Authority under sections 20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with both.
Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees.
(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—
(a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees;
(b) causing injury not amounting t
(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act—
(a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;
(b) causing injury resulting in grie
No cognizance shall be taken by a competent court of any offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this behalf.
The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched any premises; or
(b) seizes any record, register or other document or article,
shall, for every such offence, be punished
For the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumers, the Central Government may take such measures in the manner as may be prescribed.
The Presidents and members of the District Commission, the State Commission and the National Commission, and officers and other employees thereof, the Chief Commissioner and the Commissioner of the Central Authority, the Director General, the Additional Director General, the Director, the Joint Director, the Deputy Director and the Assistant Director and all other officers and employees of the Central Authority and other persons performing any duty under this Act, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, (45 of 1860).
(1) Any offence punishable under sections 88 and 89, may, either before or after the institution of the prosecution, be compounded, on payment of such amount as may be prescribed:
Provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92:
Provided further that such sum shall not, in any case, exceed the
The penalty collected under section 21 and the amount collected under section 96 shall be credited to such fund as may be prescribed.
No suit, prosecution or other legal proceeding shall lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder.
(1) Without prejudice to the foregoing provisions of this Act, the Central Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time:
Provided that the Central Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
Section 100 of the Consumer Protection Act, 2019, reiterates a fundamental principle that the provisions of the Act are supplementary and do not override or diminish the applicability of other existing laws. This ensures that consumers can seek remedies under multiple statutes concurrently, promoting effective access to justice.
Section 100 explicitly states that:"The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force."This means that the Consumer Protection Act, 2019, operates alongside other laws, and its provisions are supplementary.
Section 100 itself does not prescribe any punishment. Its primary function is to clarify the relationship between the Consumer Protection Act and other laws, ensuring that the latter's provisions remain effective and applicable.
In conclusion, Section 100 of the Consumer Protection Act, 2019, plays a crucial role in maintaining the coexistence and complementarity of the Act with other laws, thereby reinforcing the holistic protection of consumer rights and ensuring effective access to justice through multiple legal channels.
(1) The Central Government may, by notification, make rules for carrying out any of the provisions contained in this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for, —
(a) the other class or classes of persons including public utility entities under clause (19) of section 2;
(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act:
Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government
(1) The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provisions for—
(1) The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) the procedur
(1) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall thereafter have effec
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(1) The Consumer Protection Act, 1986, (68 of 1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) The mention of part
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