The Consumer protection Act

 The Consumer protection Act 

It came into force on 20th July 2020, and it will empower consumers and help them in protecting their rights through its notified rules and provisions.

The Central Consumer Protection Authority (CCPA) whose primary aims are to promote, protect and enforce the rights of consumers.

Product Liability: A manufacturer or product service provider or product seller will be responsible to compensate for injury or damage caused by defective product or deficiency in services.

Basis for product liability action- Deviation from manufacturing specifications, not conforming to express warranty, not having adequate instructions for correct use, Service provided- faulty, imperfect, or deficient.

Punishment for manufacture or sale of adulterated goods- In case of the first conviction, a competent court may suspend any licence issued to the person for a period of up to two years and in case of second or later conviction, may cancel the licence permanently.

Consumer protection councils: The minister-in-charge of the Department of Consumer Affairs in the Central Government, who shall be the Chairperson.

State Government should establish a State Consumer Protection Council for such State to be known as the State Council.

Central Consumer Protection Authority: The Central Authority to regulate matters related to violation of rights of the consumers and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.

Consumer disputes redressal commission: The State Government shall establish a District Consumer Disputes Redressal Commission which is known as the District Commission, in each district of the State: Provided that the State Government may, if it deems fit, establish more than one District Commission in a district

The District Commission: Entertains complaints where the value of the goods or services paid as consideration does not exceed one crore rupees.

The State Government establishes a State Consumer Disputes Redressal Commission that is known as the State Commission.

The State Commission: If the value of the goods or services paid as consideration exceeds rupees one crore but does not exceed rupees ten crore, the state commission will entertain complaints.

Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed. The National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period.

The National Commission: as the case may be, shall be heard as expeditiously as possible and every endeavor shall be made to dispose of the appeal within a period of ninety days from the date of its admission. The Central Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission. If the value of the goods or services paid as consideration exceeds rupees ten crore, the national commission will entertain complaints.  

The National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission.


Section 69(1)
 
of the Consumer Protection Act, 2019 lays down the time limit within which a complaint for medical negligence must be filed as 2 years from the date of injury. A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission, or the National Commission that he had sufficient cause for not filing the complaint within such period.

#consumers #theconsumerprotectionact #consumerprotection

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