The Consumer Protection Act, 2019 was passed by the Parliament last year, seeking wholly to replace the Consumer Protection Act, 1986. The legislation protects the interests of consumers and for the said purpose, establish authorities for timely and effective administration and settlement of consumers’ disputes. The Bill received the assent of the President on 9th August, 2019.
The Government of India issued a Notification stating that the following provisions of the Consumer Protection Act, 2019 shall be in force from Monday, 20th July, 2020. What are these provisions and how will they affect a consumer?
•Definitions
Section 2 [Except clauses (4), (13), (14), (16), (40)]
•Consumer Protection Councils
Section 3 to Section 9 (Both Inclusive)
•Consumer Disputes Redressal Commission
Section 28 to Section 73 (Both Inclusive) [Except sub-clause (iv) of clause (a) of sub-section (1) of section 58
•Mediation
Section 74 to Section 81 (Both Inclusive)
•Product Liability
Section 82 to Section 87 (Both Inclusive)
•Offences and Penalties
Section 90 and Section 91 (Except sections 88,89,92 & 93)
•Miscellaneous
- Sections 95, 98, 100
- Section 101 [Except clauses (f) to (m) and clauses (zg), (zh) and (zi) of sub-section 2]
- Sections 102, 103, 105, 106, 107 (Except sections 94, 96,97,99, 104)
Consumer Protection Councils
Centre Consumer Protection Council
The Central Government shall, by notification in the Official Gazette, establish the Central Council which shall consist of the following members, not exceeding thirty-six, namely:
- The Minister-in-charge of Consumer Affairs in the Central Government who shall be the Chairperson of the Central Council;
- The Minister of State (where he is not holding an independent charge) or Deputy Minister in charge of Consumer Affairs in the Central Government who shall be the Vice-Chairperson of the Central Council;
- The Minister-in-charge of Consumer Affairs of two of the States from each region as mentioned in Schedule I to be changed by rotation on the expiration of the term of the Central Council on each occasion; an administrator (whether designated as an administrator or Lieutenant Governor) of a Union territory, to represent that Union territory, as mentioned in Schedule II, to be changed by rotation on the expiration of the term of the Central Council on each occasion;
- Two Members of Parliament—one from the Lok Sabha and one from the Rajya Sabha;
- Representatives of Departments of the Central Government, autonomous organisations or regulators concerned with consumer interests, not exceeding five to be nominated by the Central Government;
- The Chief Commissioner of the Central Consumer Protection Authority;
- The Registrar, National Consumer Disputes Redressal Commission, New Delhi;
- Representatives of consumer organisations not exceeding five, to be nominated by the Central Government;
- Representatives with proven expertise and experience who are capable of representing consumer interests, drawn from amongst consumer organisations, consumer activists, research and training organisations, academicians, farmers, trade or industry, not exceeding five, one from each of the regions specified in Schedule I, of whom at least one shall be a woman;
- The Secretaries in-charge of Consumer Affairs in the States, not exceeding three, to be nominated by the Central Government;
- The Secretary in-charge of Consumer Affairs in the Central Government shall be the Member-Secretary of the Central Council.
State and District Consumer Protection Council
Qualifications for Appointment of President of State Council
(1) A person shall not be qualified for appointment as President, unless he is, or has been, a Judge of the High Court;
(2) A person shall not be qualified for appointment as a member unless he is of not less than forty years of age
and possesses
(a) Experience of at least ten years as presiding officer of a district court or of any tribunal at an equivalent level
or combined service as such in the district court and tribunal:
Provided that not more than fifty per cent of such members shall be appointed; or
(b) a bachelor’s degree from a recognised university and is a person of ability, integrity and standing, and has special knowledge and professional experience of not less than twenty years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine:
(3) At least one member of the President of the State Commission shall be a woman.
Qualifications for Appointment of President of District Council
(1) A person shall not be qualified for appointment as President, unless he is, or has been, or is qualified to be a District
Judge.
(2) A person shall not be qualified for appointment as a member unless he
(a) is of not less than thirty-five years of age;
(b) possesses a bachelor’s degree from a recognised University; and
(c) is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than fifteen years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine.
(3) At least one member of the President of the District Commission shall be a woman.
