थोडक्यात सारांश
The Consumer Protection Act, 2019 replaced the 1986 Act from 20 July 2020. It protects consumers against defective goods, deficient services, unfair trade practices and misleading advertisements, including in e-commerce. It sets up the Central Consumer Protection Authority (CCPA), three-tier Consumer Disputes Redressal Commissions, product liability rules and mediation.
महत्त्वाचे मुद्दे
- Consumer (ग्राहक) (Sec 2(7)) – a person who buys goods or hires services for consideration, including online, teleshopping, direct selling or multi-level marketing; it includes the user with the buyer's approval. A person who buys for resale or commercial purpose is not a consumer (buying for self-employment to earn a livelihood is allowed).
- Six consumer rights: right to safety, to be informed, to choose, to be heard, to seek redressal and to consumer awareness.
- Consumer Protection Councils – Central, State and District councils to promote and protect consumer rights (advisory bodies).
- Central Consumer Protection Authority (CCPA) – a regulator that can investigate unfair trade practices, order recalls and refunds, stop misleading advertisements and impose penalties.
- Penalty for misleading advertisements – CCPA may fine a manufacturer or endorser up to ₹10 lakh (up to ₹50 lakh for repeat offences); an endorser can also be barred from endorsing for up to 1 year (3 years for repeat).
- Consumer Disputes Redressal Commissions: District, State and National. Pecuniary limits (as revised by the 2021 rules, based on the value of goods/services paid): District – up to ₹50 lakh; State – above ₹50 lakh up to ₹2 crore; National – above ₹2 crore. Check the current notified limits.
- A complaint can be filed where the complainant resides or works, and online through e-Daakhil; no lawyer is needed.
- Limitation period – within 2 years from the date the cause of action arose.
- Appeals: District → State (within 45 days) → National (within 30 days) → Supreme Court (within 30 days).
- Product liability – the manufacturer, product service provider or seller is liable for harm caused by a defective product.
- Mediation – disputes may be settled through consumer mediation cells attached to the Commissions.
- E-commerce – covered by the Consumer Protection (E-Commerce) Rules, 2020: display of seller details, return and refund policy, grievance officer, no fake reviews.
महत्त्वाच्या संज्ञा
- Defect – any fault or shortcoming in quality, quantity, purity or standard of goods.
- Deficiency – any fault or shortcoming in the quality or manner of performance of a service.
- Unfair trade practice – deceptive methods to promote sale, e.g. false claims, fake discounts, not issuing a bill.
- Restrictive trade practice – practices that manipulate price or supply, e.g. tie-in sales.
- Complainant – a consumer, a registered consumer association, the Central or State Government, the CCPA, or legal heir of a deceased consumer.
महत्त्वाची माहिती
| Basis | CPA 1986 | CPA 2019 |
|---|---|---|
| Regulator | None | CCPA |
| Redressal bodies | Forums (District) / Commissions | Commissions at all three levels |
| E-commerce | Not covered | Covered |
| Product liability | Not specific | Separate chapter |
| Filing place | Where opposite party resides | Where complainant resides or works |
| Mediation | No | Yes |
५ महत्त्वाचे प्रश्न
Q1. Who is a consumer under the CPA 2019?
A person who buys goods or avails services for consideration, offline or online, for personal use, including a user with the buyer's approval. A person buying for resale or commercial purposes is excluded.
Q2. What is the CCPA?
The Central Consumer Protection Authority, set up under the CPA 2019 to protect consumers as a class. It investigates violations, orders recalls and refunds, and penalises false or misleading advertisements.
Q3. Explain the rights of consumers.
Outline the six rights with an example each (safety – ISI mark, information – MRP and expiry date, choice, hearing, redressal, education); also responsibilities of consumers (take a bill, check standards, file genuine complaints).
Q4. Explain the three-tier redressal machinery under the CPA 2019.
Outline: composition, pecuniary jurisdiction, territorial jurisdiction, filing a complaint, time limits, reliefs (replacement, refund, compensation, removing defects, stopping unfair practice), appeals and their time limits.
Q5. Explain the important new features of the CPA 2019.
Outline: CCPA, e-commerce coverage, product liability, filing from home and e-filing, mediation, penalties for misleading ads and endorsers, enhanced pecuniary limits, unfair contracts, faster disposal.
परीक्षेसाठी टीप
Learn the pecuniary limits and appeal time limits as a small table; they are often asked as short notes. Note that limits can be revised by rules, so mention the year of the figures.