Law of Consumer Protection (Student Edition)

Part 1
Introduction

I.1 International Developments
I.2 Consumer Protection in India
I.3 Salient Features of the Consumer Protection Act, 2019
I.4 Consumer Welfare Fund
I.5 Competition Act, 2002

Part 2
The Consumer Protection Act, 2019

0.1 Preamble and Interpretation of Statute
0.2 Preamble of the Act
0.3 Statement of Objects and Reasons

CHAPTER I
PRELIMINARY

1. Short title, extent, commencement and application
2. Definitions

2.0 Definition Clause
2.1 Advertisement [Clause (1)]
2.2 Appropriate Laboratory [Clause (2)]
2.3 Branch Office [Clause (3)]
2.4 Central Authority [Clause (4)]
2.5 Complainant [Clause (5)]
2.6 Complaint [Clause (6)]
2.7 Consumer [Clause (7)]
2.8 Consumer Dispute [Clause (8)]
2.9 Consumer Rights [Clause (9)]
2.10 Defect [Clause (10)]
2.11 Deficiency [Clause (11)]
2.12 Design [Clause (12)]
2.13 Direct Selling [Clause (13)]
2.14 Director General [Clause (14)]
2.15 District Commission [Clause (15)]
2.16 E-commerce [Clause (16)]
2.17 Electronic Service provider [Clause (17)]
2.18 Endorsement [Clause (18)]
2.19 Establishment [Clause (19)]
2.20 Express Warranty [Clause (20)]
2.21 Goods [Clause (21)]
2.22 Harm (Clause (22)]
2.23 Injury [Clause (23)]
2.24 Manufacturer [Clause (24)]
2.25 Mediation [Clause (25)]
2.26 Mediator [Clause (26)]
2.27 Member [Clause (27)]
2.28 Misleading Advertisement [Clause 28)]
2.29 National Commission [Clause (29)]
2.30 Notification [Clause (30)]
2.31 Person [Clause (31)]
2.32 Prescribed [Clause (32)]
2.33 Product [Clause (33)]
2.34 Product Liability [Clause (34)]
2.35 Product Liability Action [Clause (35)]
2.36 Product Manufacturer [Clause (36)]
2.37 Product Seller [Clause (37)]
2.38 Product Service Provider [Clause (38)]
2.39 Regulations [Clause (39)]
2.40 Regulator [Clause (40)]
2.41 Restrictive Trade Practice [Clause (41)]
2.42 Service [Clause (42)]
2.43 Spurious Goods [Clause (43)]
2.44 State Commission [Clause (44)
2.45 Trader [Clause (45)]
2.46 Unfair Contract [Clause (46)]
2.47 Unfair Trade Practice [Clause (47)

CHAPTER II
CONSUMER PROTECTION COUNCIL

3. Central Consumer Protection Council
4. Procedure for meetings of Central Council
5. Objects of Central Council
6. State Consumer Protection Councils
7. Objects of State Council
8. District Consumer Protection Council
9. Objects of District Council

CHAPTER III
CENTRAL CONSUMER PROTECTION AUTHORITY

10. Establishment of Central Consumer Protection Authority
11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners
12. Vacancy, etc., not to invalidate proceedings of Central Authority
13. Appointment of officers, experts, professionals and other employees of Central Authority
14. Procedure of Central Authority
15. Investigation Wing
16. Power of District Collector
17. Complaints to authorities
18. Powers and functions of Central Authority
19. Power of Central Authority to refer matter for investigation or to other Regulator
20. Power of Central Authority to recall goods, etc
21. Power of Central Authority to issue directions and penalties against false or misleading advertisements
22. Search and seizure
23. Designation of any statutory authority or body to function as Central Authority
24. Appeal
25. Grants by Central Government
26. Accounts and audit
27. Furnishing of annual reports, etc

CHAPTER IV
CONSUMER DISPUTES REDRESSAL COMMISSION

28. Establishment of District Consumer Disputes Redressal Commission
29. Qualifications, etc., of President and members of District Commission
30. Salaries, allowances and other terms and conditions of service of President and members of District Commission
31. Transitional provision
32. Vacancy in office of member of District Commission
33. Officers and other employees of District Commission
34. Jurisdiction of District Commission
35. Manner in which complaint shall be made
36. Proceedings before District Commission
37. Reference to mediation
38. Procedure on admission of complaint
39. Findings of District Commission
40. Review by District Commission in certain cases
41. Appeal against order of District Commission
42. Establishment of State Consumer Disputes Redressal Commission
43. Qualifications, etc., of President and members of State Commission
44. Salaries, allowances and other terms and conditions of service of President and members of State Commission
45. Transitional provision
46. Officers and employees of State Commission
47. Jurisdiction of State Commission
48. Transfer of cases
49. Procedure applicable to State Commission
50. Review by State Commission in certain cases
51. Appeal to National Commission
52. Hearing of appeal
53. Establishment of National Consumer Disputes Redressal Commission
54. Composition of National Commission
55. Qualifications, etc., of President and members of National Commission
56. Transitional provision
57. Other officers and employees of National Commission
58. Jurisdiction of National Commission
59. Procedure applicable to National Commission
60. Review by National Commission in certain cases
61. Power to set aside ex parte orders
62. Transfer of cases
63. Vacancy in office of President of National Commission
64. Vacancies or defects in appointment not to invalidate orders
65. Service of notice, etc
66. Experts to assist National Commission or State Commission
67. Appeal against order of National Commission
68. Finality of orders
69. Limitation period
70. Administrative control
71. Enforcement of orders of District Commission, State Commission and National Commission
72. Penalty for non-compliance of order
73. Appeal against order passed under section 72

CHAPTER V
MEDIATION

74. Establishment of consumer mediation cell
75. Empanelment of mediators
76. Nomination of mediators from panel
77. Duty of mediator to disclose certain facts
78. Replacement of mediator in certain cases
79. Procedure for mediation
80. Settlement through mediation
81. Recording settlement and passing of order

CHAPTER VI
PRODUCT LIABILITY

82. Application of Chapter
83. Product liability action
84. Liability of product manufacturer
85. Liability of product service provider
86. Liability of product sellers
87. Exceptions to product liability action

CHAPTER VII
OFFENCES AND PENALTIES

88. Penalty for non-compliance of direction of Central Authority
89. Punishment for false or misleading advertisement
90. Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant
91. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods
92. Cognizance of offence by court
93. Vexatious search

CHAPTER VIII
MISCELLANEOUS

94. Measures to prevent unfair trade practices in e-commerce, direct selling, etc
95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants
96. Compounding of offences
97. Manner of crediting penalty
98. Protection of action taken in good faith
99. Power to give directions by Central Government
100. Act not in derogation of any other law
101. Power of Central Government to make rules
102. Power of State Government to make rules
103. Power of National Commission to make regulations
104. Power of Central Authority to make regulations
105. Rules and regulations to be laid before each House of Parliament
106. Power to remove difficulties
107. Repeal and savings

Part 3
Select Leading Cases

Part 4
Question Bank