October 16, 2021

MODIFICATIONS IN CONSUMER PROTECTION ACT, 2019

The consumer protection act, 2019 comes in to force from 20 july, with its salient features including the establishment of the central consumer protection authority to promote, protect and enforce the rights of consumer. While briefing the media and while giving the introduction of consumer protection act, 2019 during video conferencing, the union minister for consumer affairs, food and public distribution Ram Vilas Paswan said that this new act will provide more right and empower consumers and help them in prote cting their rights through its various notified rules and provision like consumer protection council , consumer protection redressal commissions, mediation, product liability and punishment for manufacture or sale of products containing adulterant/ spurious goods.

Provisions of consumer protection act, 2019

Regulator  

central consumer protection authority (CCPA) to be formed to protect the rights of consumers and if there is any violation of any right of consumer then it will investigate regarding that and this authority has the power to cancel the product, if in case, there is supply of any expiry date product and also there will be penalty for the unfair trade practices. So many powers are granted to this authority so that there will be no violation of rights of consumers. Whereas there was no such authority or regulator in the consumer protection act, 1986.

Consumer court

According to CPA, 1986 complainant could be filed in consumer court where the seller’s office is located. But in new act of 2019, complaint can be filed in a consumer court where the complainant resides or works. So now consumer has more relaxation then seller.

Product liability

If there is less product liability then the mentioned liability means if the product is damaged or destroyed too early then the mentioned date of liability, then consumer can seek compensation for harm caused by the product or service. Where in 1986 CPA act, there was no such provision and consumer could approach a civil court but not in consumer court.

Pecuniary jurisdiction

Now the pecuniary jurisdiction has been increased like for district court it is upto 1 crore, for state 1 crore to 10 crore and for national court, jurisdiction is for more than 10 crore.

E-commerce

No provision was there in 1986 CPA Act because E services was not started at that time. But now, all rules of direct selling extended to e- commerce. According to this provision, e – commerce entity is required to provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, security of payment method, charge back options etc.

Mediation cells

The minister said an alternate dispute resolution mechanism of mediation has been provided in the new act. This will specify the adjudication process.

As per the consumer disputes redressal commission rules, there will be no fee for filling causes upto 5 lakhs rupees. The state commission will furnish information to central governemnt on a quarterly basis on vacancies, disposal, pendency of cases and other matters.

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