A good news for the buyers!! Ministry of Consumer Affairs has notified that most provisions of The Consumer Protection Act 2019, will come into force from July 20, 2020. The bill was introduced by the Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan. It was passed by the Lok Sabha on July 30, 2019, and later cleared by the Rajya Sabha on August 6, 2019. The bill received assent from President Ram Nath Kovind on August 9. The act will replace the three decade old consumer law in the country. Though the decision related to the provisions of e-commerce as well as the constitution of an apex Central Consumer Protection Authority (CCPA) at the national level is yet to be taken in action by the central government.
KEY FEATURES OF THE BILL:
- Consumer rights: (i) Right to Protection: the buyer has the right to be protected from the false marketing of goods and services which can be harmful to his life and property. (ii) Right to Information: the consumer has right to get the full information about the quality, quantity, purity, standard and price of goods or services. (iii) Right to Selection: this right ensures that the consumer has the right to access varieties of goods and services. (iv) Right to complain: the consumer has all the right to complain against the unfair trade practices by the seller, manufacturer or the trader. He can complain against them in district commission or state commission or the national commission, depends upon the pecuniary jurisdiction of the commissions.
- Pecuniary Jurisdiction: The pecuniary jurisdiction has been increased in the new act compared to the older one.
District Commission: Rupees One Crore
State Commission: Rupees One Crore to Ten Crore
National Commission: Above Rupees ten Crore
- E-Filing of Complaints: The consumer can now file complaints electronically. Hearing and examining of the parties can also be done through video-conferencing.
- Prohibition and penalty for a misleading advertisement: The act mentions a strict punishment in case of false and misleading advertisement. Under the act the Central Consumer Protection Authority (CCPA) will have the power to suo-moto take cognizance in case of misleading advertisement. For the interest of consumers, imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees can be imposed. And for every subsequent offence, imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees can be imposed.
5. Other Offences and Penalties:
Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—
(a) Does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees;
(b) Causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;
(c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; and
(d) Results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees. The act also mentions that, manufacturer, seller or traders license can be suspended for 2 years and in subsequent conviction, can be cancelled.
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