The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so notify.
The New Act is an Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto. The New Act aims at strengthening consumer rights and protecting consumer interests, and further lays down simpler procedures to give consumers a speedy redressal. The Act also brings under its jurisdiction, the e- commerce and the tele-shopping industry.
Save as otherwise expressly provided by the Central Government, by notification, the New Act shall apply to all goods and services.
Recently, in exercise of the powers conferred by sub-section (3) of section 1 of the New Act, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) has issued a Notification No. S.O. 2351(E) dated 15th July 2020 whereby the Central Government has appointed the 20th day of July, 2020 as the date on which the following provisions of the said Act shall come into force, namely:-
|I||Section 2 [Except clauses (4), (13), (14), (16), (40)]|
|II||Sections 3 to 9 (both inclusive);|
|IV||Sections 28 to 73 (both inclusive); [Except sub-clause (iv) of clause (a) of sub-section (1) of section 58.]|
|V||Sections 74 to 81 (both inclusive);|
|VI||Sections 82 to 87 (both inclusive);|
|VII||Sections 90 and 91; [Except sections 88,89,92 & 93]|
|VIII||-Sections 95, 98, 100,
[Except clauses (f) to (m) and clauses (zg), (zh) and (zi) of sub –section 2].
-Sections 102, 103, 105, 106, 107
[ Except sections 94, 96,97,99, 104]
Further, above notification, all provisions of the New Act shall not come into force with effect from the 20th day of July, 2020.
Now, in exercise of the powers conferred by sub-section (3) of section 1 of the New Act, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) vide e-gazette Notification No. S.O. 2421(E) dated 23rd July 2020 appoints the 24th day of July, 2020 as the date on which the provisions related to Definition, Central Consumer Protection Authority, Consumer Disputes Redressal Commission, Offences and Penalties, Miscellaneous of the said Act shall come into force.
|I||Definition||Section 2 [ clauses (4), (13), (14), (16), (40)]|
|III||Central Consumer Protection Authority||Section 10 to 27 (both inclusive)|
|IV||Consumer Disputes Redressal Commission||Sub-clause (iv) of clause (a) of sub-section (1) of section 58|
|VII||Offences and Penalties||Sections 88, 89, 92 and 93.|
|VIII||Miscellaneous||-Sections 94, 96, 97 and 99.
-Clauses (f) to (m) of sub-section 2 and clauses (zg), (zh) and (zi) of sub–section 2 of Section 101
– Section 104
It is also submitted that as the clause (zg) of sub-section 2 of Section 101 of the New Act has been notified by the aforesaid notification, therefore, in exercise of the powers conferred by sub-clause (zg) of sub-section (1) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government has notified Consumer Protection (E-Commerce) Rules, 2020, vide Notification No. 462(E) dated 23rd July, 2020.
Disclaimer: Nothing contained in this document is to be construed as a legal opinion or view of either of the authors whatsoever and the content is to be used strictly for educative purposes only.