Consumer Protection Act 2019

Salient Features

The salient features of Consumer Protection Act (CPA) 2019 are as follows:

(a) It is applicable to all goods, services and unfair trade practices unless specifically exempted by the Central Government.

(b) It covers all sectors private, public as well as co-operative.

(c) It provides three tier machinery for settling consumer grievances.

(d) It provides six rights to consumers.

(e) It extends to whole of India.

(f) It includes E-commerce transactions also.

 

Goods and services covered under CPA 2019

The term ‘goods’ under CPA 2019 covers all types of movable property other than money and includes stocks and shares, growing crops, etc.

The term ‘service’ means service of any description made available to potential users and includes banking, financing, housing construction, insurance, entertainment, transport, supply of electrical and other energy, boarding and lodging, amusement, etc. and includes E-commerce transactions.

It does not include human tissues, blood, blood products and organs.

 

Who can file a complaint under CPA 2019?

The following persons can file a complaint under Consumer Protection Act 2019:

  1. One or more consumers,
  2. Any voluntary consumer association,
  3. Central or State government or the central authority
  4. A legal heir or legal representative
  5. A parent or legal representative in case of a minor.

 

What complaints can be filed under CPA 2019?

A consumer can file a complaint relating to any one or more of the following:

1. Sale of adulterated goods.
2. Sale of counterfeit goods i.e. product of lesser value than the real product.
3. Sale of sub-standard goods such as the sale of inferior quality products.
4. Sale of duplicate goods.                                                                                                                                                                 5. Malfunctioning of weights and measures that lead to underweight of products.
6. Black marketing and hoarding.
7. Overcharging a product, i.e., price above its MRP.
8. Supplying of defective goods.                                                                                                                                                    9. Misleading Advertisements.                                                                                                                                                  10. Supply of inferior services.

 

Where to file a complaint under CPA 2019?

(a) If the complaints where value of goods or services paid as consideration is up to ₹1 crore the complaint can be filed in the District Forum.

(b) If it exceeds ₹1 crore to ₹10 crore the complaint can be filed before the State Commission.

(c) If it exceeds ₹10 crore the complaint can be filed before the National Commission.

(Recently the limit for District Forum has been reduced to ₹50 Lakhs and that of State Commission done from more than ₹50 Lakhs to ₹ 2 Crores, above that National Commission will take the cases.)

 

How to file a complaint under CPA 2019?

A complaint can be made in person or by any authorized agent or by post. The complaint can be written on a plain paper duly supported by documentary evidence in support of the matter, the relief sought, the description and address of the complainant as well as the opposite party, facts relating to the complaint along with the timing of the events.

 

Time limit for filing the case

The consumer can file the complaint within two years from the date on which the cause of action had arisen. However, it may be admitted even after the lapse of two years if sufficient cause is shown for the delay.

 

Time limit for deciding the case

Every complaint must be disposed off as speedily as possible within a period of three months from the date of notice received by the opposite party. Where the complaint requires laboratory testing of goods this period is extended to five months.

 

Terms & Definitions used in Consumer Protection Act, 2019

  1. Complaint:

Any allegation in writing made by the Complainant for obtaining relief. w.r.t restrictive or unfair trade practice, defect in goods or deficiency in services etc.

  1. Complainant:

It means one or more consumers, or any voluntary consumer association, central or state government or the central authority or a legal heir or legal representative or a parent or legal representative in case of a minor.

  1. Spurious goods:

Goods that are falsely claimed to be genuine.

  1. Unfair trade practice:

False representation regarding goods or services for the purpose of promoting sale.

  1. Restrictive trade practice:

Imposing unjustified cost on the buyer by manipulation of price or flow of goods in the market.

  1. Defect:

Any shortcoming in relation to goods.

  1. Deficiency:

Any shortcoming of performance in relation to any service and includes act of not providing relevant information which causes loss or injury to the consumer.

  1. Injury:

Any harm illegally caused to any person in body, mind or property.

  1. Product:

Any article or goods or substance or raw material or any extended cycle of such product either in gaseous, liquid or solid state possessing intrinsic value capable of delivery either as assembled or a component produced or manufactured to trade. It does not include human tissues, blood, blood products and organs.

  1. Product Seller:

Any person in the course of business imports, sells, distributes, leases, installs, prepares, labels, markets, repairs, maintains or otherwise involved in placing the product for commercial use or a service provider.

  1. Product Liability:

Responsibility of the manufacturer or seller to compensate for any harm caused to a consumer by defective product manufactured or sold or by deficiency in services. Some terms have been simplified for understanding.

Consumer Protection – Keywords and Brief Notes