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When Was Consumer Protection Act 2019 Enacted
When Was Consumer Protection Act 2019 Enacted
When Was Consumer Protection Act 2019 Enacted
The Consumer Protection Act 2019 was notified on August 9th 2019. However, it
came into effect from July 20th 2020.
While retaining certain old provisions, the New Act has certain new provisions that
tightens the existing rules to further safeguard consumer rights and create
exhaustive consumer protection law.
3. Who is a consumer?
A person who buys any goods or services for a consideration, which has been paid
or promised or partly paid and partly promised, or under any system of deferred
payment also includes the user with approval of such goods or beneficiary of
services.
As per Consumer Protection Act 2019, the expression “buys any goods” and ‘hires
or avails any services” includes offline or online transactions through electronic
means or by teleshopping or direct selling or multi-level marketing.
As per the provisions of the Act, commercial purpose does not include use by a
person of goods bought and used by him exclusively for the purposes of earning
his livelihood by means of self-employment.
Consumer is having the following six consumer rights under the Act:
Right to Safety
Right to be Informed
Right to Choose
Right to be heard
Right to seek Redressal
Right to Consumer Awareness
6. What are goods?
"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;
No
These are quasi-judicial bodies established under the Act to provide simple, speedy
and inexpensive redressal to the grievances of the consumers. These have been
established at three levels: District, State and National known as:
State Commission: 1 cr – 10 cr
e-commerce entity” means any person who owns, operates or manages digital or
electronic facility or platform for electronic commerce, but does not include a
seller offering his goods or services for sale on a marketplace e-commerce entity;
18.What is CCPA?
The Central Authority shall consist of a Chief Commissioner and such number of
other Commissioner to be appointed by the Central Government.
Yes, the Central Authority shall have an Investigation Wing headed by a Director
General for the purpose of conducting inquiry or investigation.
The Central Authority shall protect, promote and enforce the rights of the
consumers as a class, and prevent violation of Consumers Rights under the Act.
Yes, the Central Authority can file complaints before the District Commission, the
State Commission or the National Commission as the case may be.
A person aggrieved by any order passed by the Central Authority may file an
appeal to the National Commission within a period of thirty days from the date of
receipt of such order.
No, damage of the product itself cannot be the base for product liability
compensation.
A complaint:
Should be in writing
Can be filed in a regular way (offline)
Can be filed online
Normally three copies of the complaint are required to be submitted out of which
one retained for the official purpose, one is forwarded to the opposite party and one
is the for the complainant. In case the number of opposite parties is more
correspondingly more copies of the complaint are required.
Yes. Either at the first hearing after admission, or at later stage if the District
Commission is of the view that, there exists an element of settlement, can refer the
complaint to Mediation with the consent of the parties.
Also, parties at any stage of the complaint can opt for settlement through
mediation.
The complaint shall be filed within two years from the date on which the cause of
action has arisen. This would mean two years from the day the deficiency in
service or defect in goods has arisen/detected. This is also known as the limitation
period for filing the complaint.
Any consumer who is aggrieved by the order of a commission can prefer an appeal
in the higher commission within a period of thirty days from the date of the order.
The appeal can be preferred-
Within 30 days
Within 30 days
Within 45 days
45.Is there any fee for filing a complaint with the Commissions?
Every complaint filed shall be accompanied by a fee, as specified in the table given
below, in the form of crossed Demand Draft drawn on a nationalized bank or
through
a crossed Indian Postal Order in favour of the President of the District Commission
or the Registrar of the State Commission or the Registrar of the National
Commission, and payable at the respective place where the District Commission,
State Commission or the National Commission is situated, or through electronic
mode as per arrangement made by the Commission concerned.
State Commission
National Commission
46.Is there any change in the amount to be deposited for filing an appeal?
For appeal before State Commission and National Commission, 50% of the total
award amount passed by the low.