Consumer Protection Act

1. Consumer Protection
Act 2019 (COPRA)

2.  On August 9, 2019, the Consumer
Protection Act of 2019 bill received assent
from President, which took effect on July
20, 2020, replacing the 1986 Consumer
Protection Act ("Old Act").
 The act's goal is to safeguard /protect
consumers' interests while also ensuring
that consumer disputes are resolved
effectively and quickly.

3.  For the rapid and effective resolution of
consumer problems, the New Act
established the online filing of complaints
and mediation proceedings.
 A consumer and certain other people
under/according to COPRA if aggrieved can
file a complaint in consumer court.
 It does not apply to Jammu and Kashmir.

4. The Act also creates the "Central Consumer
Protection Authority (CCPA)" to promote,
defend, and enforce consumer rights. The statute
also gives the CCPA the authority to issue
orders, prevent unfair commercial practices, and
impose fines in cases of deceptive advertising.
The CCPA is made up of the District Collector,
the Regional Commissioner, and the Central
Authority.

5. Who is a consumer?
 A consumer is anyone who buys a
product/goods (online/offline) and avail
service for personal use.
 A person who uses goods / product with the
approval of (buyer) the person who bought
the good is also a consumer.
 A person who avail the service with the
approval of the hirer is also a consumer.

6. What are Goods and Service?
 Every kind of moveable property that are
buy for consideration including food
product.
 Food : Process or unprocessed goods that
are available for human consumption.
 Service mean any kind of service which is
available to the consumer for heir use of
payment of consideration.

7. Who is not a consumer?
 A person who obtain goods or avail service free of
charges.
 The contract of personal service does not include in
services under COPRA.
 It does not include a person who buy goods for
resale/commercial purpose.
 Commercial purpose does not include a person who
is using goods to make livelihood under self-
employment.

8. Consumer Under Section 2(7)
Goods sec.2(21) Service sec. 2(42)
Buy for
consideration
(including online)
User with approval of
buyer(beneficiary)
One who hires
consideration
Use with the
approval of hirer
Paid Promised
Partly Paid
Partly
Promised
Deferred
Payment

9. Who can make complaint?
 Consumer
 Voluntary Consumer Organization (VCO)
 Central and State Government
 Central Authority
 One or more Consumer with same interest
(Class Action).
 Legal heir or legal representative, in case of
death.
 Parent or legal guardian, in case of consumer
being a minor.

10. Consumer Right
 Right to be protected : Protect consumer from
goods and services that are dangerous to life
and property. For example, if LPG cylinders
are not correctly sealed, they can cause
significant damage to life and property.
 Right to be informed : The consumer has a
right to acquire information about the goods or
services' quality, quantity, potency, standard,
and pricing.

11. Right to choose : Consumers have the right
to be assure of variety or choose from a wide
range of goods and services without being
forced to do so.
Right to be heard - If a customer is
unhappy with a product or service, he or she
has the right to submit a complaint with a
consumer court.

12. • Right to seek redressal - This right provides
that if a customer is dissatisfied with a purchase
or causes them serious injury, he or she has the
option of having the goods replaced or
requesting a refund or right to seek
compensation.
• Right to consumer awareness - The consumer
has complete authority to learn about his buying
rights.

13. On what basis a complainant can
file a complain?
1. Unfair Contract
2. Unfair Trade Practices
3. Restrictive Trade Practices
4. Defective Goods
5. Deficient Services
6. Excessive Price
7. Hazard Goods
8. Hazard Services
9. Product Liability

14. 1. Unfair Contract
Contract which cause significant change in consumer
right. Unfair contract under this act are as follows:
 Requiring manifestly excessive high security deposits.
 Imposing disproportionate penalty.
 Refusal to accept early payment.
 Breaking unilateral contract without any reasonable
cause.
 Imposing ,unreasonable charges, obligation or
condition.
 Permitting/assign the contract to the detriment of the
other party who is a consumer, without his consent.

15. 2. Unfair Trade Practices -
Any unfair method or unfair or deceptive practice to
promote goods or services, including any of the following
practices:-
1. Making any statement which-
 Falsely represents goods to be of certain standard.
 Falsely represents services to be of certain standard.
 Falsely represent that goods are new.
 Falsely represent that goods or services have certain approval/
sponsorship.
 Falsely representing that seller/supplier has certain approval.
 False representation regarding need and utility/usefulness.
 Giving warranty without any test.
 Giving warranty and not carrying it out.
 Materially misleading public regarding price .
 Disparaging.

16. 2. Misleading Advertisement at bargain price with no intention
to sell.
3. Offering gift with no intention of providing them or creating
an impression that it is free of charges.
4. Lottery
5. Withholding schemes.
6. Permitting sale of goods not complying with standards.
7. Use of hoarding or refusing to sell to raise cost or price of
goods and services.
8. Manufacturing spurious goods/defective practice.
9. Giving no bill.
10. Refusing to take back or compensate for defective
goods/deficient services.
11. Disclosing confidential/personal information.

17. 3. Restrictive Trade Practices :-
A restrictive trade practice is generally one which has
the effect of preventing, delaying, distorting, or
restricting competition to rise the price of
goods/services.

18. Advocacy
Supervision and Regulation Redressal
At District
Level
At State
Level
At National
Level
Up to 1
Crore
Up to 10
Crore
More than
10 Crore
District
Council
State Council
Central Council
Central
Authority
District
Commission
State
Commission
Central
Commission

19. Establishment Composition Meetings Objective
• State
Government by
notification
establishes it
for every
district to be
known as
District
Council.
•Collector of the
district to be
Chairperson.
•Such number of
Official and Non
official members
representing
interest as
prescribed.
•As and when
necessary
•But at least two
meets every year.
•Time and place
within district acc
to Chairperson.
•Render advice to
promotion and
protection of
Consumer’s right
under this act
within the district.
District Consumer Protection Council

20. Establishment
•State Government by
notification
established it to be
known as State
Council.
Composition
•Minister in charge of
Department of
Consumer Affair in
State Government to
be Chairperson.
•Such number of
Official and Non
official members
representing interest
as prescribed.
•Other member not
more than 10
nominated by Central
Government.
Meetings
•As and when
necessary
•But at least two
meets every year.
•Time and place
within district
acc to
Chairperson.
Objective
•Render advice to
promotion and
protection of
Consumer’s right
under this act
within the district.
State Consumer Protection Council

21. Establishment Composition Meetings objective
•Central
Government by
notification
establishes it to be
known as Central
Council.
•Minister in charge of
Department of
Consumer Affair in
State Government to
be Chairperson.
•Such number of
Official and Non
official members
representing interest
as prescribed.
•As and when
necessary
•But at least two
meets every year.
•Time and place
within district acc to
Chairperson.
•Render advice
to promotion and
protection of
Consumer’s right
under this act.
National Consumer Protection Council

22. Central Consumer Protection Authority(CCPA)
Constituted Under Section 10
Composition
Power
Maintain A/C’s &
Furnish Report
Designation
Office
Chief
Commissioner
Expert
Professional
Other
Commissioner
Head Office at
Delhi
Other Office’s
in India
General Power
given u/s 18
Against False Misleading
Ad (Sec 21)
To Recall
Goods(Sec 20)
Investigation
Refer Matter for
investigation Search and
Seizure
To issue
Directions
To issue Penalties
Through Investigation
Wing
Penalty for Vexatious
Se

23. Investigation
Central
Authority
can do
itself.
Refer the same
to District
Collector or
any other
authorized
person.
District
Collector
also Has
the power
to
investigate

24. Ways to file Consumer Complain:
1 – National Consumer Helpline (NCH) serves as a
free mediator, forwarding your complaint to the firm
and asking them to fix it. (The firm must respond
within five days.)
2 – Using a lawyer to submit legal notice it is not a
cost-effective method.
If nothing of these options work, you can take your
case to the Consumer Court.

25. Dispute Resolution-
There is also a description of the Alternative Dispute Resolution Mechanism,
which states that "Mediation Cells" will be linked to every District, State, and
National Commission.
The authorities for final adjudication of the dispute are the District
Commission, State Commission, and National Commission. If the complainant
or the opposing parties are unable to reach an agreement through the
CCPA/Mediation Cells, the matter can be taken up by the District, State, or
National Commission.
The matter can be referred to the Mediation Cell, or either party can submit a
written request to the District, State, or National Commission, detailing the
parties, the nature of the dispute, the amount involved, the relief sought, and a
proposal for the appointment of a mediator, if the commissions believe there is
a chance of resolving the dispute between the parties (Language, Qualification,
experience, etc.)

26. Mediation Proceeding- PROCEDURE u/s.38
Goods Services
Within 21 days
Send copy to party to give his version
within 30 days
Give copy to
opposite party
To give his version
Within 30
days
Accepts Denies
Accepts Denies
Pass order
accordingly
Decision
Pass order
accordingly
Defect can’t be known
w/o test
Send sample to Appropriate
Laboratory for test & Report
Raise objective in case of
disagreement
Give opp. Of being
heard
Evidence Expert

27. How to file a complaint?
1. Issuance of Notice: Before filing a complaint,
the complainant should submit a notice to the
other party explaining the flaws or shortcomings
in the products or services provided. If the parties
are unable to reach an agreement, the
complainant may file a complaint with a
governing body or forum.
.

28. Determining the Jurisdiction:
The Complaint has to be filed within the Pecuniary and
Territorial Jurisdiction.
Pecuniary Jurisdiction: (As Per New Act)
 District Commission: Amount not exceeding 1 crore.
 State Commission: Rupees 1 Crore to 10 Crore.
 National Commission: Amount exceeding Rupees 10 Crore.
Territorial Jurisdiction:
Place where the opposite party resides or if there are more than one opposite party,
then the place where opposite parties reside or carry-on business or personally
works for gain.

29. 3. Submission of Complaint: Complaint can be submitted
in the form of Writing or through Online.
Registration of Online Complaint-
 Aggrieved party can register on https://consumerhelpline.gov.in/.
 Complaints can be registered by filling essentials details like name,
email, contact number & password.
 Complainant will receive login credentials though which he can
register a complaint by uploading required documents.
 There are different portals available for different sectors.
 A consumer can also register complaints through Mobile Apps namely
the NCH app, Umang App or Consumer App.
 Following the registration of the complaint, the complainant will be
given a unique identification number that will allow him to track the
status of the complaint.
 Fees for the complaint can be submitted through online payment
portal.

30. 4. Contents of the Complaint- Complaint should
contain the following information-
 Name and complete details of complainant and opposite
party.
 Date and time of purchase of goods/ availing of services.
 Necessary Facts of the case establishing the cause of
action.
 Particulars of dispute: Defect in goods/ deficiency in
service.
 Relief sought
 Copies of the documents supporting the contention of the
complainant. (Invoice, Warranty receipt, etc.)

31. 5. Limitation for filing Complaint/Appeal-
Within two years after the date of the conflict, the
District Commission must receive a complaint.
Furthermore, within 45 days of the District
Commission's order, an appeal to the State Commission
must be submitted. Furthermore, after 30 days of
receiving the order from the lower forum, an appeal to
the National Commission shall be filed.
6. Court Fees- The Court fees have to be paid in the
form of Demand Draft, in respect of the Registrar of
respective Commissions. In respect of the National
Commission, the appellant has to make the Demand
Draft of Rupees 5,000/-.

32. Conclusion:
The government has taken a step forward in quickly
resolving/addressing consumer complaints by adopting an
online form of complaint. Especially during a pandemic, the
online approach may be regarded one of the most friendly
and fruitful procedures. Furthermore, including an alternate
dispute resolution method is a step toward reaching a
peaceful conclusion between the parties, which will have a
longer-term influence on both customers and service
providers. The Dispute Resolution Mechanism can save the
parties time and effort by assisting them in finding a
solution from the outset of the process.