Offences under Consumer Protection Act, 2019

2 years ago Trivandrum Akshaya.P.S

The consumer protection Act, 2019 was enacted for the purpose to provide for the better protection of the interest of consumers and for the purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matter connected therewith. The Consumer Protection Act, 2019, provides certain rights to consumers namely:

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I) right to be protected against marketing of goods and services which are hazardous to life and property; 

II) right to be informed of the quality, quantity, potency, purity, standard and price of goods or services; 

III) right to be assured of access to a variety of goods or services at competitive prices; 

IV) right to seek redressal against unfair or restrictive trade practices.

 The central government had set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers. During the transaction between the buyer and the seller, there is a chance of committing malpractices or any such offences by the buyer or the seller. The CCPA will regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements. There are other offences like Manufacturing/ selling/ importing or distributing fake/ spurious goods and products with adulterated content.

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The offences under consumer protection act are:

i) refusal to perform as per direction of Central Authority which is punishable with Imprisonment up to six months or with fine up to twenty lakhs rupees, or with both 

ii) false or misleading advertisement which is punishable with Imprisonment up to two years and with fine up to ten lakhs rupees and be punished with imprisonment up to five years and with a fine up to fifty lakhs rupees for every subsequent offence

iii) Section 90(1)(a) manufacturing for sale or for storing or selling or distributing or importing spurious goods – which is punishable with _ Section 90(1)(b) (in case of injury not amounting to grievous hurt to the customer) imprisonment up to 1 year or fine up to 3 lakhs rupees; _ Section 90(1)(c) (in case of injury amounting to grievous hurt to the customer) punishable with imprisonment up to seven years and with fine up to five lakhs rupees;_ Section 90(1)(d) (in case it results in the death of the consumer) with imprisonment minimum of seven years, but may extend up to imprisonment for life and with fine which shall not be less than ten lakhs rupees.  

Section 92 deals with cognizance of offence by court, the section says that no cognizance shall be taken by a court of any offence under section 88 and 89 except on a complaint by the Central Authority or any officer authorized by it on this behalf.  

Consumer Protection Act, 2019 is a beneficial legislation and it is interpreted liberally in the interest of the consumer. The sole priority of the Act is there should not be any damage to the rights of customers. Even though the Consumer Protection Act was enacted considering the entire current scenario but it is to be properly implemented.  Many of the consumers are unaware of their rights and they hesitate to approach the court thinking of time duration of court proceedings. The Government of India should educate the consumers about their legal rights and also should simplify the case filing mechanism. 








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