Consumer Protection Act, 2019 at a glance
The Consumer Protection Act, 2019 replaced the Consumer Protection Act, 1986 and provides a three-tier consumer dispute redressal structure consisting of District, State and National Consumer Disputes Redressal Commissions. It also created the Central Consumer Protection Authority (CCPA), introduced product liability provisions, enabled mediation, and expressly covers e-commerce transactions.
Pecuniary jurisdiction of Consumer Commissions
| Commission | Current pecuniary jurisdiction | Legal basis |
|---|---|---|
| District Commission | Value of goods or services paid as consideration does not exceed Rs. 50 lakh. | Section 34 read with Rule 3 of the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021. |
| State Commission | Value paid as consideration exceeds Rs. 50 lakh but does not exceed Rs. 2 crore. | Section 47 read with Rule 4 of the 2021 Jurisdiction Rules. |
| National Commission | Value paid as consideration exceeds Rs. 2 crore. | Section 58 read with Rule 5 of the 2021 Jurisdiction Rules. |
The original limits in the 2019 Act were subsequently revised by the Central Government through the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
Consumer Protection Act questions and answers
1. What is the pecuniary jurisdiction of the District Consumer Commission?
Up to Rs. 50 lakh, where the value of the goods or services paid as consideration does not exceed Rs. 50 lakh. This is the current limit under the 2021 Jurisdiction Rules.
2. What is the pecuniary jurisdiction of the State Consumer Commission?
Above Rs. 50 lakh and up to Rs. 2 crore, based on the value of the goods or services paid as consideration.
3. What is the pecuniary jurisdiction of the National Consumer Commission?
Above Rs. 2 crore, based on the value of the goods or services paid as consideration.
4. Who is the consumer protection regulator under the 2019 Act?
The Central Consumer Protection Authority (CCPA), established under Section 10, protects, promotes and enforces consumer rights as a class and deals with matters including unfair trade practices and false or misleading advertisements.
5. Where can a consumer complaint be filed?
For District Commission complaints, Section 34 permits filing, subject to the Act, where the opposite party resides or carries on business, where the cause of action arises wholly or in part, or where the complainant resides or personally works for gain. Similar statutory provisions apply at the appropriate higher Commission level.
6. What is product liability?
Product liability is the responsibility of a product manufacturer, product seller or product service provider to compensate for harm caused by a defective product or by a deficiency in services relating to that product. Product liability actions are dealt with in Chapter VI of the Act.
7. Does the Consumer Protection Act apply to e-commerce?
Yes. Section 2(16) defines e-commerce as buying or selling goods or services, including digital products, over a digital or electronic network. The Consumer Protection (E-Commerce) Rules, 2020 also regulate e-commerce entities and marketplace practices.
8. Can a consumer dispute be referred to mediation?
Yes. The Act provides for reference of appropriate consumer disputes to mediation where there appears to be a possibility of settlement and the parties consent in accordance with the Act and the Consumer Protection (Mediation) Rules, 2020.
9. Who is a consumer under Section 2(7)?
A consumer broadly includes a person who buys goods or hires or avails services for consideration, including an approved user or beneficiary. A person obtaining goods for resale or for a commercial purpose, or availing services for a commercial purpose, is generally excluded, subject to the statutory explanation relating to earning livelihood by self-employment.
10. What is a consumer dispute?
Section 2(8) defines a consumer dispute as a dispute where the person against whom a complaint has been made denies or disputes the allegations contained in the complaint.
11. What are consumer rights under Section 2(9)?
Consumer rights include protection against hazardous goods, products or services; the right to information about quality, quantity, potency, purity, standard and price; access to competitive choices where possible; the right to be heard; the right to seek redressal against unfair or restrictive trade practices and unscrupulous exploitation; and the right to consumer awareness.
12. What is a defect under Section 2(10)?
A defect is any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard required by law, contract or a trader's claim in relation to goods or a product.
13. What is deficiency in service under Section 2(11)?
Deficiency means a fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance required by law or undertaken by contract or otherwise. It includes negligence or an act or omission causing loss or injury, and deliberate withholding of relevant information.
14. What is direct selling under 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. The Consumer Protection (Direct Selling) Rules, 2021 contain additional requirements.
15. What is e-commerce under Section 2(16)?
E-commerce means buying or selling goods or services, including digital products, over a digital or electronic network.
16. What is an establishment under Section 2(19)?
The definition includes an advertising agency, commission agent, manufacturing, trading or other commercial agency carrying on business, trade or profession, work incidental or ancillary to commercial activity, and prescribed classes including public utility entities.
17. What are goods under Section 2(21)?
Goods means every kind of movable property and includes food as defined under the Food Safety and Standards Act, 2006.
18. What is harm for product liability under Section 2(22)?
Harm includes certain property damage other than damage to the product itself, personal injury, illness or death, mental agony or emotional distress connected with such injury or damage, and consequential loss of consortium or services. The statutory definition excludes specified commercial or economic losses and damage confined to the product itself.
19. What is injury under Section 2(23)?
Injury means any harm whatever illegally caused to any person in body, mind or property.
20. Who is a manufacturer under Section 2(24)?
A manufacturer includes a person who makes goods or parts, assembles goods or parts made by others, or places or causes to be placed his or her own mark on goods made by another person.
21. What is a misleading advertisement under Section 2(28)?
A misleading advertisement includes one that falsely describes a product or service, gives a false guarantee, is likely to mislead consumers about its nature, substance, quantity or quality, conveys a representation that would amount to an unfair trade practice, or deliberately conceals important information.
22. What does person mean under Section 2(31)?
The definition is broad and includes an individual, firm, Hindu undivided family, co-operative society, association of persons, corporation or company, body of individuals and other artificial juridical persons covered by the section.
23. What is a product under Section 2(33)?
A product includes an article, goods, substance or raw material in gaseous, liquid or solid state having intrinsic value and capable of delivery, whether wholly assembled or as a component, produced for trade or commerce. Human tissues, blood, blood products and organs are excluded.
24. Who is a product manufacturer under Section 2(36)?
The term covers persons who make or assemble products, put their own mark on products made by others, make and commercially place products, design or remanufacture products before sale, and certain product sellers who are also manufacturers.
25. What is service under Section 2(42)?
Service includes services made available to potential users such as banking, finance, insurance, transport, processing, energy supply, telecom, lodging, housing construction, entertainment and information services. It excludes services rendered free of charge and services under a contract of personal service.
26. Can a consumer file a complaint online?
Yes. The Government's e-Jagriti platform provides online consumer complaint filing, case tracking, judgments and related consumer commission services. Consumers may also appear and pursue their complaint without necessarily engaging an advocate, subject to applicable procedure.
27. What is the time limit for an appeal to the Supreme Court from the National Commission?
Section 67 provides a 30-day period for an appeal to the Supreme Court from an order of the National Commission made in exercise of its original jurisdiction under the specified provisions. The Supreme Court may entertain a delayed appeal if sufficient cause is shown. Where the appellant is required to pay an amount under the National Commission's order, 50 percent of that amount must be deposited before the appeal is entertained.
28. What is the limitation period for filing a consumer complaint?
Section 69 generally provides a limitation period of two years from the date on which the cause of action arose. A complaint filed after that period may be entertained if the complainant satisfies the Commission that there was sufficient cause for the delay and reasons for condonation are recorded.
29. How is an order of a Consumer Commission enforced?
Under Section 71, every order of a District Commission, State Commission or the National Commission is enforced in the same manner as if it were a decree made by a civil court, with Order XXI of the Code of Civil Procedure, 1908 applying as far as may be.
30. What is the punishment for not complying with a Consumer Commission order?
Section 72 provides imprisonment for not less than one month and up to three years, or a fine of not less than Rs. 25,000 and up to Rs. 1 lakh, or both. The section also confers powers for summary trial of the offence by the concerned Consumer Commission in the manner stated in the Act.
How to file and track a consumer complaint online
The official e-Jagriti portal allows consumers to register, file complaints, check case status, view judgments and use other consumer commission services. The portal has subsumed the earlier e-Daakhil, OCMS, CMS and Confonet systems.
Official consumer law resources
- Consumer Protection Act, 2019 - India Code
- Consumer Protection Rules and Regulations - Department of Consumer Affairs
- e-Jagriti - online consumer complaint filing and case services
This page is a general legal information resource. Jurisdiction, limitation and procedure can depend on the facts, the relief sought and the statutory provision invoked.