Need of the Consumer Protection Council

Consumers are the backbone of the market. So, the Consumer Protection Act, 1986 got enacted to protect the rights and welfare of the consumer. However, the Consumer Protection Act, 2019, replaces the Consumer Protection Act, 1986. The Act strengthens and protects the consumer’s rights and imposes strict liability and penalties on the manufacturer, electronic service provider, and misleading advertiser. It also provides additional dispute resolution methods like mediation. The Act extends to the whole of India.

The Consumer Protection Act, 2019, forms the Consumer Protection Council to protect consumers’ interests. The council tends to eliminate hazardous goods from the market.

Consumer Protection Council

The Consumer Protection Act, 2019, forms the Central and State Consumer Protection Council. Chapter II of the Consumer Protection Act, 2019, deals with the Consumer Protection Council, 2019. Section 4 to 8B deals with the Central, State and District Consumer Protection Council.

The objective of the Consumer Protection Council

The objective of the council as per the Consumer Protection Act, 2019 are:

• To protect consumers from marketing hazardous goods and service
• To inform consumers about the quality, quantity, potency, purity, standard and price of goods and services.
• To protect consumers from unfair trade practices.
• To give access to a variety of goods and services at competitive prices.
• Grant right to be heard
• To assure consumer’s interest receive consideration.
• To grant the right to seek redressal against unfair and restrictive trade practices.

Central Protection Council

Central Consumer Protection Council got established under section 4 of the Consumer Protection Act, 2019. The Act empowers the central government to set up the Central Consumer Protection Council.

The Central Consumer Protection Council is also known as the Central Council. The council was set up to deal with the matters related to violating consumer rights, unfair trade practices and misleading advertisement, and any other prejudicial act to consumer rights.

Composition of the Central Consumer Protection Council

The Central Consumer Protection Council consists of a chairperson who is the minister in charge of the Department of the Consumer affairs in Central Government. Any other official or non-official member can represent the council’s interest.

Meeting of the Central Consumer Protection Council

Section 5 of the Consumer Protection Act provides that the Central Council should meet whenever necessary. But as per the provision of the act, there should be at least one meeting held every year, and the meeting should be held at the time and place where the Chairperson thinks fit.

State Consumer Protection Council

Consumer Protection Act, 2019, under section 7, empowers the State Government to establish the State Consumer Protection Council. The state council is considered the advisory board.

The object behind the formation of the state council is to give advice related to the promotion and protection of consumers for the state as provided under Section 8 of the Consumer Protection Act, 2019.

Composition of the State Consumer Protection Council

The state consumer protection council shall consist of:

• The Chairperson of the council shall be the minister in charge of the consumer affairs in the state government.
• There can be other members as the state government thinks fit. The member can be official or non-official, and these members represent the interest as prescribed.
• There can be ten official or non-official members nominated by the Central government.

Meeting of the State Consumer Protection Council

The state consumer protection council shall meet whenever necessary. The minimum number of meeting to be held every year should be two. The state council shall be meeting at the place as decided by the chairperson. The meeting should observe the procedure regarding the transaction of the business.

District Consumer Protection Council

Consumer Protection Act 2019 empowers the state government to establish a District Consumer Protection Council in every district and be known as district council and established under section 8A of the act.

The object behind the establishment of the district council is to advise on matters related to the promotion and protection of consumer rights for the district as provided under section 9 of the Consumer Protection Act, 2019.

Composition of the District Consumer Protection Council

• The district collector is the chairperson of the council.
• There can be an official and non-official member representing the interests as prescribed by the act.

Meeting of the District Council

The district council should meet whenever it is necessary. At least two meetings should be held every year by the District Consumer Protection Council.

The district council should meet at a place within a district wherever the chairperson thinks fit. The meeting should observe the procedure regarding the transaction of the business.

Conclusion

The Consumer Protection Act, 2019 changed the Consumer Protection laws. The Consumer Protection Act, 2019 forms councils at different levels that are Centre, State and District Councils to protect the rights and interests of the consumers.

The councils at various levels work under the leadership of the chairman and guidance of the central or state government. The Consumer Protection Act, 2019, provides that every consumer protection council should have at least two meetings every year.

The councils must comply with the provision and duty to fulfil the responsibilities stated under the Consumer Protection Act, 2019.

About Author

Anshita Surana

Anshita Surana, born in the year 1999 in Guwahati, Assam and brought up in Hanumangarh, Rajasthan, where I completed my elementary and secondary education from the CBSE board.

Currently, Pursuing B.B.A.LL.B(H) from K. R. Mangalam University, Gurugram.

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