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CONSUMER PROTECTION ACT, 2019
CHAPTER IV
71.
82.
Omitted by the Mediation Act, 2023, with effect from a date yet to be notified
Consumer Protection Act, 2019 [35 OF 2019]*
An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent, commencement and application.
11. (1) This Act may be called the Consumer Protection Act, 2019.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification†, appoint and different dates may be appointed for different States and
*Assented by the President of India on 9-8-2019.
1. Enforced with effect from 9-8-2019.
†Notification No. S.O. 2351(E), dated 15-7-2020 - In exercise of the powers conferred by sub-section (3) of section 1 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby appoints the 20th day of July, 2020 as the date on which the following provisions of the said Act shall come into force, namely:—
Chapter Sections
I Section 2
[Except clauses (4), (13), (14), (16), (40)]
II Sections 3 to 9 (both inclusive);
IV Sections 28 to 73 (both inclusive);
[Except sub-clause (iv) of clause (a) of sub-section (1) of section 58]
V Sections 74 to 81 (both inclusive);
VI Sections 82 to 87 (both inclusive);
VII Sections 90 and 91;
[Except sections 88, 89, 92 & 93]
VIII - 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]
(Contd. on page 2)
S. 2
CONSUMER PROTECTION ACT, 2019 2
for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
(4) Save as otherwise expressly provided by the Central Government, by notification, this Act shall apply to all goods and services.
Definitions.
2. In this Act, unless the context otherwise requires,—
2(1) “advertisement” means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents;
2(2) “appropriate laboratory” means a laboratory or an organisation—
(i) recognised by the Central Government; or
(ii) recognised by a State Government, subject to such guidelines as may be issued by the Central Government in this behalf; or
(iii) established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect;
2(3) “branch office” means—
(i) any office or place of work described as a branch by the establishment; or
(ii) any establishment carrying on either the same or substantially the same activity carried on by the head office of the establishment;
(Contd. from page 1)
Noti cation No. S.O. 2421(E), dated 23-7-2020.—In exercise of the powers conferred by sub-section (3) of section 1 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby appoints the 24th day of July, 2020 as the date on which the following provisions of the said Act shall come into force, namely:—2
Chapter
Sections
I De nition Section 2 [clauses (4), (13), (14), (16), (40)]
III Central Consumer Protection Authority Sections 10 to 27 (both inclusive)
IV Consumer Disputes Redressal Commission Sub-clause (iv) of clause (a) of sub-section (1) of
VII Offences and Penalties Sections 88, 89, 92 and 93.
VIII Miscellaneous - Sections 94, 96, 97 and 99.
- Clauses (f) to (m) of sub-section (2) and clauses (zg), (zh) and (zi) of sub-section (2) of section 101
- Section 104
2. Enforced with effect from 20-7-2020.
3(4) “Central Authority” means the Central Consumer Protection Authority established under section 10;
4(5) “complainant” means—
(i) a consumer; or
(ii) any voluntary consumer association registered under any law for the time being in force; or
(iii) the Central Government or any State Government; or
(iv) the Central Authority; or
(v) one or more consumers, where there are numerous consumers having the same interest; or
(vi) in case of death of a consumer, his legal heir or legal representative; or
(vii) in case of a consumer being a minor, his parent or legal guardian;
4(6) “complaint” means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;
(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—
(a) fixed by or under any law for the time being in force; or
(b) displayed on the goods or any package containing such goods; or
(
c) displayed on the price list exhibited by him by or under any law for the time being in force; or
(d) agreed between the parties;
(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—
(a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;
(b) where the trader knows that the goods so offered are unsafe to the public;
3. Enforced with effect from 24-7-2020.
4. Enforced with effect from 20-7-2020.
(
vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;
(vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be;
5-6(7) “consumer” means any person who—
(
i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
Explanation.—For the purposes of this clause,—
(a) the expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;
(b) the expressions “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;
5-6(8) “consumer dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;
5-6(9) “consumer rights” includes,—
(i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property;
5-6. Enforced with effect from 20-7-2020.
