Most Provisions of Consumer Protection Act to come into force on July 20th

Central Government has recently issued a notification by which it appoints, 20thJuly, 2020 as the date many provisions of Consumer Protection Act, 2019 shall come into force.

The following provisions will be coming into force: -

• Section 2 [Except clauses (4), (13), (14), (16), (40)] [Definitions]
• Section 3 to 9 (both inclusive) [Consumer Protection Councils]
• Sections 28 to 73 (both inclusive) [Except Sub clause (iv) of clause (a) of sub section (1) of Section 58] {Consumer Disputes Redressal Commission}
• Sections 74 to 81 (both inclusive) [Mediation]
• Sections 82 to 87 (both inclusive [Product Liability]
• Sections 90 to 91 [Except Section 88, 89, 92 & 93] [Offences and Penalties]
• Sections 95, 98, 100 [Miscellaneous]
• Section 101 [Except Clauses (f) to (m) and clauses (zg), (zh) and (zi) of sub-section 2] [Miscellaneous]
• Sections 102, 103, 105, 106, 107 [Except sections 94, 96, 97, 99, 104][Miscellaneous]

From the aforesaid date, consumers can file complaints at district or state consumer commissions that are linked to the place where they stay rather than the place from where they bought the product or service. 

The provisions also focus on consumer’s right to file cases against the manufacturers, sellers or distributors of adulterated and spurious products in the regular courts while they can file complaints in the consumer commission to seek compensation.

The scope of the Act has been broadened with the introduction of various provisions including e-commerce within its purview. It also expands the definition of ‘deficiency’ in clause 2(11) to include: - (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and (ii) deliberate withholding of relevant information by such person to the consumer.

The Act will also have a provision to deal with ‘Misleading Advertisements’ and such misleading advertisements can attract penalty upto rupees ten lakh from CCPA under clause 21. As per clause 89, It is an offence punishable with imprisonment for a term which may extend to five years with fine which may extend to fifty lakh rupees.

The Act mandates the Consumer Fora and Commissions to explore the possibilities of mediation before adjudicating the complaint. The Consumer Protection (Mediation) Rules, 2020 have been notified. Also, various Procedural and structural changes have been enforced.



Originally posted on www.kpalegal.com on 20th July 2020