Hi friends, here is the Consumer Protection Act 2019 : Important Points & Notes. Consumer Protection Act has of late been amended in the year 2019 and which came into force on 20 July 2020 called as Consumer Protection Act, 2019. It is an Important topic for various examinations including Inspector Posts, PS Group ‘B’, legal examinations etc.
Consumer Protection Act 2019 : Important Points & Notes
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- Contains 8 Chapters.
- It repeals and replaces the Consumer Protection Act, 1986.
- The Consumer Protection Act , 2019 was introduced in the Lok Sabha on 8 July 2019 by the Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan.
- It was passed by Lok Sabha on 30 July 2019 and later passed in Rajya Sabha on 6 August 2019.
- The bill received assent from President Ram Nath Kovind on 9 August, and was notified in The Gazette of India on the same date.
- The Act came into effect by 20 July 2020, while certain other provisions of the Act like establishing the Central Consumer Protection Authority came into effect from 24 July 2020.
- The Consumer Protection Act has made it mandatory for every e-commerce entity to display the country of origin.
- ACT NO. 35 OF 2019
- Section 1 – Short title, extent, commencement and application.
- Section 2 – Definitions.
- “Central Authority” means the Central Consumer Protection Authority established under section 10.
- “complainant” means:
- a consumer; or
- any voluntary consumer association registered under any law for the time being in force; or
- the Central Government or any State Government; or
- the Central Authority; or
- one or more consumers, where there are numerous consumers having the same interest; or
- in case of death of a consumer, his legal heir or legal representative; or
- in case of a consumer being a minor, his parent or legal guardian;
- Complaint under Consumer Protection Act 2019 means
- an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;
- the goods bought by him or agreed to be bought by him suffer from one or more defects;
- the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;
- a trader or a service provider, as the case may be, has charged 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;
- the goods, which are hazardous to life and safety when used, are being offered for sale to the public
- 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;
- a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be
- “consumer” means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised
- Consumer does not include a person who obtains such goods for resale or for any commercial purpose.
- “consumer dispute ” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint
- There are six kinds of Consumer Rights. They are:
- 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
- the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers
- the right to consumer awareness
- “District Commission ” means a District Consumer Disputes Redressal Commission.
- “e-commerce “ means buying or selling of goods or services including digital products over digital or electronic network
- “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.
- “National Commission” means the National Consumer Disputes Redressal Commission.
- “person” includes– (i) an individual; (ii) a firm whether registered or not; (iii) a Hindu undivided family; (iv) a co-operative society; (v) an association 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;
- “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 supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions
- “spurious goods” means such goods which are falsely claimed to be genuine.
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