Brief knowledge about the Consumer Protection Act 2019

Brief knowledge about the Consumer Protection Act 2019

Index:

  1. New provisions of the Consumer Protection Act 2019 
  2. Who may be a consumer and not a consumer under this Act?
  3. Rights of Consumers
  4. What is the meaning of goods? 
  5. Who can make a complaint under this Act?
  6. Jurisdiction for the institution of complaint in a District Commission
  7. What is e-Commerce?
  8. Procedure for filing a complaint
  9. Consumer Commissions provide reliefs under the Consumer Protection Act, 2019
  10. An appeal under the Consumer Protection Act, 2019
  11. Court fees for filing a complaint with the Commission
  12. Offenses and Penalties

New provisions of the Consumer Protection Act 2019 

Consumer Protection Act 2019 (COPRA) replaced the Consumer Protection Act 1986, and the new Act contains a total of 107 sections and eight chapters. While retaining specific old provisions, the New Act has certain new provisions that tighten the existing rules to safeguard consumer rights. The Consumer Protection Act 2019 was got an assent on August 9th, 2019, from the Honorable President. However, it came into effect on July 20th, 2020. This Act applies to the whole of India. Nowadays, Globalization has changed the scenario in the Indian market. Various kinds of products and services are coming into being so are new ways of duping the Consumers. A Consumer is the spine of the market. Due to consumers, businesses exist. To protect the rights and guard the welfare of consumers, the Consumer Protection Act of 1986 was enacted and brought into force.

Who may be a consumer and not a consumer under this Act?

According to the Act's provisions, commercial purpose does not include the use by a person of goods bought and used exclusively to earn his livelihood using self-employment.

Rights of Consumers:

What is the meaning of goods? 

According to Section 3(1)(j) of the Food Safety and Standards Act, 2006, "goods" means every kind of movable property, and it also includes "food."

Who can make a complaint under this Act?

Jurisdiction for the institution of complaint in a District Commission:

  • Residence or place of business of opposite parties, or
  • Residence or place of business of the complainant, or
  • The cause of action arises either wholly or partly.

What is e-Commerce?

E-commerce under CP Act 2019 means buying or selling goods or services, including digital products, over a digital or electronic network.

Procedure for filing a complaint

 

More copies of the complaint are required if the number of opposing parties is more correspondingly.

Consumer Commissions provide reliefs under the Consumer Protection Act, 2019:

Remove defects from the goods and services and award compensation for loss or injury. It also provides the replacement of the goods and refund of the price paid or discontinued and does not repeat unfair trade practices or restrictive trade practices. Hazardous services, if the loss or injury has been suffered by many consumers who are not identifiable conveniently, pay such sum (not less than 25% of the value of such defective goods or services provided), which the Commission shall determine; 

  • To issue corrective advertisements to neutralize the effect of misleading Advertisements; 
  • To provide adequate costs to parties.

An appeal under the Consumer Protection Act, 2019:

 provisions are mentioned under sections 24, 41, and 51.

An appeal shall be disposed of within 90 days.

In case of filing an appeal before the State Commission and National Commission, first, pay 50% of the total award amount is passed by Commission.

Court fees for filing a complaint with the Commission District Commission

Value of Goods or Service

Court Fee in Rs

Up to 5 Lakh

No Court fee

Above 5 Lakh – up to 10 Lakh

400/-

Above 10 lakh – up to 20 Lakh

200/-

Above 20 Lakh – up to 50 Lakh

1000/-

Above 50 Lakh – up to 1 Crore

2000/-

State Commission

Value of Goods or Service

Court Fee in Rs

Above 1 Crore – Up to 2 Crore

2500/-

Above 2 Crore – Up to 4 Crore

3000/-

Above 4 Crore – Up to 6 Crore

4000/-

Above 6 Crore – Up to 8 Crore

5000/-

Above 8 Crore – Up to 10 Crore

6000/-

National Commission

Value of Goods or Service

Court Fee in Rs

Above 10 Crore

7500/-

Offenses and Penalties

Section 21, provisions regarding offenses and penalties are discussed below in the table:

Offenses

Penalties

Refusal to perform as per direction of Central Authority

Up to 6 months of imprisonment or with a fine of up to 20 lakh rupees, or with both

False or misleading advertisement

Up to 2 years of imprisonment and with a fine of up to 10 lakh rupees; 

For every subsequent offense, punished with 5 years of imprisonment and with a fine of up to 50 lakh rupees

manufacturing for storing or for sale or selling or distributing or importing spurious goods

In case of injury not amounting to grievous hurt to the customer with imprisonment up to 1 year or a fine up to 3 lakh rupees

In case of damage amounting to grievous hurt to the customer with imprisonment up to 7 years and with a fine of up to 5 lakh rupees

(Results in the death of the consumer) with imprisonment minimum of 7 years, but may extend up to life imprisonment and with a fine, shall not be less than 10 lakh rupees.

To read this article in Hindi: Consumer Protection Act 2019

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Brief knowledge about the Consumer Protection Act 2019