Consumer Protection Act: A Commentary

Consumer Protection Act: A Commentary is a section-wise commentary on the Consumer Protection Act, 2019. In this revised edition, relevant case laws till May 2023 have been included. Also, the appendices portion has been updated with the newly enacted Rules and Regulations.

The emergence of global supply chains, rise in international trade and the rapid development of e-commerce had rendered the consumer vulnerable to new forms of unfair trade and unethical business practices. To protect the interest of consumers in this changed scenario, Consumer Protection Act, 2019 was enacted.

In this book, for the provisions that have been retained of the old CP Act, 1986, relevant judgments of the Supreme Court, High Courts and National Consumer Disputes Redressal Commission have been discussed. The authors have discussed how the old CP Act, 1986 was practiced in the courts, so that readers get an insight of how the new CP Act, 2019 will be practiced in the courts.

The authors have used “Illustrations” for explaining various clauses of the definition part [S. 2]. Further, in this book, along with the Act, the connected Rules and Regulations made by the Central Government, the National Commission and the Central Consumer Protection Authority are also discussed at relevant places.

This book will prove to be immensely useful to legal practitioners, judges, inhouse counsel, consumer rights activists and anyone interested in learning about the Consumer Protection Act, 2019.

Extract from the Foreword

The hard work that has gone into the making of this book, and the simplicity with which legal issues are presented here, make this book worthy of adorning the library of a scholar as well as a simpleton. ... The authors have done well to dig out a lot of case law on every issue. This makes the book a ready reckoner.

- V. Ramasubramanian
Judge, Supreme Court of India

Extract from the Special Appreciation

The commentary is comprehensive and exhaustive and covers a large number of cases. I have noted that the authors have included judgments of the Supreme Court, High Courts and decisions of the National Commission as well. There is no doubt that this book will be indispensable for advocates practicing in this branch and also for the corporate sector.

- P. Datar
Senior Advocate

Introduction
1. Preliminary
2. Consumer Protection Councils
3. Central Consumer Protection Authority
4. Consumer Disputes Redressal Commission
5. Mediation
6. Product Liability
7. Offences and Penalties
8. Miscellaneous
9. Status of Matters Pending Adjudication Under the Old Act
10. Is the Limitation Act, 1963 Applicable to Consumer Protection Act, 2019

APPENDICES
I. Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020
II. Consumer Protection (General) Rules, 2020
III. Consumer Protection (Central Consumer Protection Council) Rules, 2020
IV. Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of the President and Members of the State Commission and District Commission) Rules, 2020
V. Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Commission) Model Rules, 2020
VI. Consumer Protection (E-Commerce) Rules, 2020
VII. Consumer Protection (Mediation) Rules, 2020
VIII. Consumer Protection (Mediation) Regulations, 2020
IX. Consumer Protection (Consumer Commission Procedure) Regulations, 2020
X. Consumer Protection (Administrative Control Over the State Commission and the District Commission) Regulations, 2020
XI. Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020
XII. Central Consumer Protection Authority (Form of Annual Statement of Accounts and Records) Rules, 2021
XIII. Central Consumer Protection Authority (Annual Report) Rules, 2021
XIV. Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021
XV. Consumer Protection (Search and Seizure and Compounding of Offences by the Central Authority and Crediting of Penalty) Rules, 2021
XVI. Consumer Protection (Direct Selling) Rules, 2021
XVII. Central Consumer Protection Authority (Procedure for Engagement of Experts and Professionals) Regulations, 2021
XVIII. Central Consumer Protection Authority (Submission of Inquiry or Investigation by the Investigation Wing) Regulations, 2021
XIX. Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022
XX. Consumer Protection Act, 1986

Subject Index