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.
The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, the Central Consumer Protection Council to be known as the Central Council.
The Central Council shall be an advisory council and consist of the following members, namely:
(a) the Minister-in-charge of the Department of Consumer Affairs in the Central Government, who shall be the Chairperson; and
(b) such number of other official or non-official members representing such interests as may be prescribed.
The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year.
The objects of the Central Council shall be to render advice on promotion and protection of the consumers' rights under this Act.
Every State Government shall, by notification, establish with effect from such date as it may specify in such notification, a State Consumer Protection Council for such State to be known as the State Council.
The State Council shall be an advisory council and consist of the following members, namely:
(a) the Minister-in-charge of Consumer Affairs in the State Government who shall be the Chairperson;
(b) such number of other official or non-official members representing such interests as may be prescribed;
(c) such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government.
The State Council shall meet as and when necessary but not less than two meetings shall be held every year.
The State Council shall meet at such time and place as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribed.
The objects of every State Council shall be to render advice on promotion and protection of consumer rights under this Act within the State.
The State Government shall, by notification, establish for every District with effect from such date as it may specify in such notification, a District Consumer Protection Council to be known as the District Council.
The District Council shall be an advisory council and consist of the following members, namely
(a) the Collector of the district (by whatever name called), who shall be the Chairperson; and
(b) such number of other official and non-official members representing such interests as may be prescribed.
The District Council shall meet as and when necessary but not less than two meetings shall be held every year.
The District Council shall meet at such time and place within the district as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
The objects of every District Council shall be to render advice on promotion and protection of consumer rights under this Act within the district.
Vision - To enable consumers to make informed choices; ensure fair, equitable and consistent outcomes for consumers; and facilitate timely and effective grievance redressal.
Mission - To empower consumers through awareness and education; enhance consumer protection and safety through progressive legislations and prevention of unfair trade practices; enable quality and quantity assurance through standards and their conformance; and ensure access to affordable and effective grievance redressal mechanisms.
The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, a Central Consumer Protection Authority to be known as the Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices 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.
The Central Authority shall consist of a Chief Commissioner and such number of other Commissioners as may be prescribed, to be appointed by the Central Government to exercise the powers and discharge the functions under this Act.
The headquarters of the Central Authority shall be at such place in the National Capital Region of Delhi, and it shall have regional and other offices in any other place in India as the Central Government may decide.
The Central Government may, by notification, make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the Chief Commissioner and Commissioners of the Central Authority.
No act or proceeding of the Central Authority shall be invalid merely by reason of— any vacancy in, or any defect in the constitution of, the Central Authority; or
any defect in the appointment of a person acting as the Chief Commissioner or as a Commissioner; or
any irregularity in the procedure of the Central Authority not affecting the merits of the case
The Central Authority shall regulate the procedure for transaction of its business and allocation of its business amongst the Chief Commissioner and Commissioners as may be specified by regulations.
The Chief Commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Central Authority
Provided that the Chief Commissioner may delegate such of his powers relating to administrative matters of the Central Authority, as he may think fit, to any Commissioner (including Commissioner of a regional office) or any other officer of the Central Authority.
The Central Authority shall have an Investigation Wing headed by a DirectorGeneral for the purpose of conducting inquiry or investigation under this Act as may be directed by the Central Authority
The District Collector (by whatever name called) may, on a complaint or on a reference made to him by the Central Authority or the Commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the Central Authority or to the Commissioner of a regional office, as the case may be.
A complaint relating to violation of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the District Collector or the Commissioner of regional office or the Central Authority.
(a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act;
(b) prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;
(c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder;
(d) ensure that no person takes part in the publication of any advertisement which is false or misleading
The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of this Act
Without prejudice to the foregoing provisions of this Act, the Central Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time
The Central Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission.
(2) The National Commission shall ordinarily function at the National Capital Region and perform its functions at such other places as the Central Government may in consultation with the National Commission notify in the Official Gazette:
An appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission
) Each District Commission shall consist of— (a) a President; and (b) not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government.
Each State Commission shall consist of— (a) a President; and (b) not less than four or not more than such number of members as may be prescribed in consultation with the Central Government.
The National Commission shall consist of— (a) a President; and (b) not less than four and not more than such number of members as may be prescribed.
No suit, prosecution or other legal proceeding shall lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder.
Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.
Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it
The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
The State Governments may, by notification, make rules for carrying out the provisions of this Act
Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules.
Department of Consumer Affairs is one of the two Departments under the Ministry of Consumer Affairs, Food & Public Distribution. It was constituted as a separate Department in June 1997 as it was considered necessary to have a separate Department to give a fillip to the nascent consumer movement in the country.
THE DEPARTMENT HAS BEEN ENTRUSTED WITH THE FOLLOWING WORK
Implementation of Consumer Protection Act, 2019.
Implementation of Bureau of Indian Standards Act, 2016
Implementation of Standards of Weights and Measures - The Legal Metrology Act, 2009.
Regulation of Packaged Commodities.
The Essential Commodities Act, 1955 (10 of 1955) (Supply, Prices and Distribution of Essential Commodities not dealt with specifically by any other Department).
Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980(7 of 1980).
Monitoring of prices and availability of essential commodities.
Direct Selling
Training in Legal Metrology.
The Emblems and Names (Prevention of Improper Use) Act, 1952.
Laying down specifications, standards and codes and ensuring quality control of bio-fuels for end uses.
Consumer Cooperatives
National Test House.