Consumer Protection Act, 2019: Overview
The Consumer Protection Act, 2019 replaced the Consumer Protection Act, 1986 and created a modern consumer-law framework covering offline and online transactions, electronic commerce, direct selling, unfair trade practices, misleading advertisements, product liability and consumer dispute resolution.
The Act establishes three levels of Consumer Disputes Redressal Commissions, provides for mediation, and creates the Central Consumer Protection Authority to protect consumers as a class and act against unfair trade practices and false or misleading advertisements.
E-commerce Online filing CCPA Product liability Mediation Misleading ads
How to File a Consumer Complaint Online
e-Jagriti online filing
Consumer Commission complaints can be filed electronically through the Government of India's e-Jagriti platform. The portal also provides case status, cause lists, judgments and filing help documents.
- Create or access your account on e-Jagriti.
- Complete your profile and choose the appropriate case filing option.
- Enter the complainant, opposite party, transaction and cause-of-action details.
- Upload the complaint, supporting documents and other required papers.
- Pay the applicable filing fee online where a fee is payable.
- Submit the filing and use the portal to track scrutiny, registration and subsequent case status.
Pre-litigation grievance option: Consumers may also first approach the National Consumer Helpline (NCH), which functions as a pre-litigation grievance redress mechanism. Filing with NCH does not replace a formal complaint before a Consumer Commission where adjudication is required.
Current Pecuniary Jurisdiction of Consumer Commissions
The current limits are prescribed by the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
| Consumer Commission | Value of goods or services paid as consideration |
|---|---|
| District Commission | Up to ₹50 lakh |
| State Commission | Above ₹50 lakh and up to ₹2 crore |
| National Commission | Above ₹2 crore |
Territorial jurisdiction: Subject to the Act, a complaint may also be instituted at the place where the complainant resides or personally works for gain, in addition to other statutory bases of territorial jurisdiction.
Consumer Protection Act, 2019: Chapters and Sections
The Act contains eight chapters. The existing section-wise pages are retained below for quick navigation.
Central Consumer Protection Authority (CCPA)
The CCPA is established under the 2019 Act to regulate matters involving violation of consumer rights, unfair trade practices, and false or misleading advertisements that prejudice consumers as a class. Its statutory functions include protecting and enforcing consumer rights, preventing unfair trade practices, and ensuring that misleading advertisements are not made or published.
Depending on the statutory conditions, the CCPA may investigate matters, order recall of unsafe goods or withdrawal of unsafe services, direct reimbursement of prices, require discontinuation of unfair practices and issue directions or monetary penalties concerning misleading advertisements.
E-Commerce, Direct Selling and Dark Patterns
The Act expressly covers purchases made through online and electronic means, teleshopping, direct selling and multi-level marketing. The Consumer Protection (E-Commerce) Rules, 2020 and subsequent amendments impose consumer-facing obligations on covered e-commerce entities and marketplace participants.
Direct selling is regulated by the Consumer Protection (Direct Selling) Rules, 2021, as amended. In addition, the CCPA has issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023, addressing deceptive interface practices that can mislead or manipulate consumers.
Product Liability
Chapter VI creates a statutory product liability regime. A product liability action may, depending on the facts and statutory conditions, be brought against a product manufacturer, product service provider or product seller for harm caused by a defective product or deficient related service.
Manufacturers may be liable on grounds specified in section 84, while sections 85 and 86 govern liability of product service providers and product sellers. Section 87 contains statutory exceptions to product liability actions.
Consumer Mediation
The Act provides a dedicated consumer mediation framework. Consumer Commissions may refer suitable disputes to mediation where the statutory requirements are met and the parties consent in the prescribed manner. Consumer mediation cells, empanelment of mediators, mediator disclosures, mediation procedure and recording of settlement are governed by Chapter V and the applicable rules and regulations.
False or Misleading Advertisements and Endorsements
Under section 21, the CCPA may issue directions to discontinue or modify a false or misleading advertisement. It may also impose a monetary penalty on a manufacturer or endorser of up to ₹10 lakh, and up to ₹50 lakh for a subsequent contravention. An endorser may also be prohibited from making endorsements for up to one year, and up to three years for a subsequent contravention, subject to the statutory due-diligence protection.
Separately, section 89 creates a criminal offence for a manufacturer or service provider who causes a false or misleading advertisement prejudicial to consumers. The prescribed punishment may extend to imprisonment for two years and a fine of ₹10 lakh for a first offence, and to imprisonment for five years and a fine of ₹50 lakh for a subsequent offence.
The CCPA's Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 supplement the statutory framework.
Important Offences and Penalties
| Provision | Subject | Key consequence |
|---|---|---|
| Section 88 | Non-compliance with a direction of the CCPA | Imprisonment and/or fine as prescribed by the Act |
| Section 89 | False or misleading advertisement by manufacturer or service provider | Up to 2 years and ₹10 lakh; higher punishment for a subsequent offence |
| Section 90 | Products containing adulterant | Graduated punishment depending on injury, including severe penalties where grievous hurt or death results |
| Section 91 | Spurious goods | Graduated punishment depending on injury, including severe penalties where grievous hurt or death results |
| Section 92 | Cognizance of offences under sections 88 and 89 | Governed by the special cognizance provision in the Act |
Other Important Consumer Protection Rules and Guidelines
- Consumer Protection (E-Commerce) Rules, 2020, as amended.
- Consumer Protection (Direct Selling) Rules, 2021, as amended.
- Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
- Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, as amended, including the updated fee structure.
- Consumer Protection (Mediation) Rules, 2020 and Consumer Protection (Mediation) Regulations, 2020.
- Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.
- Guidelines for Prevention and Regulation of Dark Patterns, 2023.
- CCPA Guidelines for Prevention and Regulation of Greenwashing, 2024.