General Knowledge on Consumer Protection Act 2019 with latest pecuniary jurisdiction and new features of Amended Consumer Protection Act 1986

SNo Legal Term/Question Answer
1 What is the Pecuniary Jurisdiction of District Consumer Forum Rs. 1 Crore
2 What is Pecuniary Jurisdiction of State Consumer Commission Rs. 1 Crore to Rs. 10 Crore
3 What is Pecuniary Jurisdiction of National Consumer Commission Above Rs. 10 Crore
4 Who is the Regulator in Consumer Protection Act 2019 Central Consumer Protection Authority (CCPA) to be formed
5 Which is consumer court or where the consumer complaint can be filed Consumer Complaint can be filed in a consumer court where the Complainant resides or works
6 What is Product liability Consumer can seek compensation for harm caused by a product or service
7 Is Ecommerce comes under consumer protection act? Yes, All Rules of direct selling extended to e-commerce.
8 Can a case refer to mediation cell Yes, As per Consumer Protection Act 2019 Court can refer settlement through mediation
9 Who is consumer under Consumer Protection (Amendment) Act 2019 According to Section 2 (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.

10 What is Consumer Dispute "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint

 

 

SNo Legal Term/Question Answer
11 What are consumer Rights

As per Section 2(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;

(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;

(iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;

(iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora;

(v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and

(vi) the right to consumer awareness

12 What is Defect As per Section 2 (10) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall be construed accordingly
13 What is Deficiency in Service

As per Section 2 (11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes-

(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

14 What is Direct Selling As per Section 2 (13) "direct selling" means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location
15 What is e-commerce As per Section 2 (16) "e-commerce" means buying or selling of goods or services including digital products over digital or electronic network;
16 What is Establishment As per Section 2 (19) "establishment" includes an advertising agency, commission agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public utility entities in the manner as may be prescribed;
17 What is the definition of goods As per Section 2 (21) "goods" means every kind of movable property and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the Food Safety and Standards Act, 2006;
18 What is Harm As per Section 2

(22) "harm", in relation to a product liability, includes-

(i) damage to any property, other than the product itself;

(ii) personal injury, illness or death;

(iii) mental agony or emotional distress attendant to personal injury or illness or damage to property; or

(iv) any loss of consortium or services or other loss resulting from a harm referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii),

but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto;

19 What is Injury As per section 2 (23) "injury" means any harm whatever illegally caused to any person, in body, mind or property;
20 Who is manufacturer under the Act As per Section 2

(24) "manufacturer" means a person who-

(i) makes any goods or parts thereof; or

(ii) assembles any goods or parts thereof made by others; or

(iii) puts or causes to be put his own mark on any goods made by any other person;

 

SNo Legal Term/Question Answer
21 What is misleading Advertisement As per Section 2 (28) "misleading advertisement" in relation to any product or service, means an advertisement, which-

(i) falsely describes such product or service; or

(ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or

(iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or

(iv) deliberately conceals important information;

22 What is the meaning of person in the Act

As per Section 2 (31) "person" includes-

(i) an individual;

(ii) a firm whether registered or not;

(iii) a Hindu undivided family;

(iv) a co-operative society;

(v) an association of persons whether registered under the Societies Registration Act, 1860 or not;

(vi) any corporation, company or a body of individuals whether incorporated or not;

(vii) any artificial juridical person, not falling within any of the preceding sub-clauses;

23 What is Product As per Section 2 (33) "product" means any article or goods or substance or raw material or any extended cycle of such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is capable of delivery either as wholly assembled or as a component part and is produced for introduction to trade or commerce, but does not include human tissues, blood, blood products and organs;
24 Who is Product Manufacturer As per Section 2

(36) "product manufacturer" means a person who-

(i) makes any product or parts thereof; or

(ii) assembles parts thereof made by others; or

(iii) puts or causes to be put his own mark on any products made by any other person; or

(iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing such product for commercial purpose; or

(v) designs, produces, fabricates, constructs or re-manufactures any product before its sale; or

(vi) being a product seller of a product, is also a manufacturer of such product;

25 What is Service As per Section 2 (42) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
26 How much is the fee to file appeal with Supreme Court Rs. 5000
27 What is the time limit to file appeal with Supreme Court under Sections 23 and 27A of the Consumer Protection Act, 1986 or Section 67 of Consumer Protection Act 2019 30 days from the date of the impugned order
28 What is the limitation period to file a consumer complaint 2 Years
29 How to enforce the order of Consumer Commission As per Section 71 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 and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act
30 What is the punishment for not complying the order of Consumer forum/ Consumer Commission As per Section  72. (1) 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.

 

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.

 

(3) Save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be.

 

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