jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19
vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 54] ubZ fnYyh] 'kqØ okj] vxLr 9] 2019@ Jko.k 18] 1941 ¼'kd½
No. 54] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—
THE CONSUMER PROTECTION ACT, 2019
NO. 35 OF 2019
[9th August, 2019.]
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.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Consumer Protection Act, 2019. Short title,
extent,
(2) It extends to the whole of India except the State of Jammu and Kashmir. commencement
(3) It shall come into force on such date as the Central Government may, by notification, and
application.
appoint and different dates may be appointed for different States and for different provisions
of this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
(4) Save as otherwise expressly provided by the Central Government, by notification,
this Act shall apply to all goods and services.
, 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Definitions. 2. In this Act, unless the context otherwise requires,—
(1) "advertisement" means any audio or visual publicity, representation,
endorsement or pronouncement made by means of light, sound, smoke, gas, print,
electronic media, internet or website and includes any notice, circular, label, wrapper,
invoice or such other documents;
(2) "appropriate laboratory" means a laboratory or an organisation—
(i) recognised by the Central Government; or
(ii) recognised by a State Government, subject to such guidelines as may
be issued by the Central Government in this behalf; or
(iii) established by or under any law for the time being in force, which is
maintained, financed or aided by the Central Government or a State Government
for carrying out analysis or test of any goods with a view to determining whether
such goods suffer from any defect;
(3) "branch office" means—
(i) any office or place of work described as a branch by the establishment; or
(ii) any establishment carrying on either the same or substantially the
same activity carried on by the head office of the establishment;
(4) "Central Authority" means the Central Consumer Protection Authority
established under section 10;
(5) "complainant" means—
(i) a consumer; or
(ii) any voluntary consumer association registered under any law for the
time being in force; or
(iii) the Central Government or any State Government; or
(iv) the Central Authority; or
(v) one or more consumers, where there are numerous consumers having
the same interest; or
(vi) in case of death of a consumer, his legal heir or legal representative; or
(vii) in case of a consumer being a minor, his parent or legal guardian;
(6) "complaint" means any allegation in writing, made by a complainant for
obtaining any relief provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice
has been adopted by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from
one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by
him suffer from any deficiency;
(iv) a trader or a service provider, as the case may be, has charged for the
goods or for the services mentioned in the complaint, a price in excess of the
price—
(a) fixed by or under any law for the time being in force; or
,SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(b) displayed on the goods or any package containing such goods; or
(c) displayed on the price list exhibited by him by or under any law
for the time being in force; or
(d) agreed between the parties;
(v) the goods, which are hazardous to life and safety when used, are being
offered for sale to the public—
(a) in contravention of standards relating to safety of such goods
as required to be complied with, by or under any law for the time being in
force;
(b) where the trader knows that the goods so offered are unsafe to
the public;
(vi) the services which are hazardous or likely to be hazardous to life and
safety of the public when used, are being offered by a person who provides any
service and who knows it to be injurious to life and safety;
(vii) a claim for product liability action lies against the product
manufacturer, product seller or product service provider, as the case may be;
(7) "consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment
and includes any user of such goods other than the person who buys such
goods for consideration paid or promised or partly paid or partly promised, or
under any system of deferred payment, when such use is made with the approval
of such person, but does not include a person who obtains such goods for
resale or for any commercial purpose; or
(ii) hires or avails of any service for a consideration which has been paid
or promised or partly paid and partly promised, or under any system of deferred
payment and includes any beneficiary of such service other than the person
who hires or avails of the services for consideration paid or promised, or partly
paid and partly promised, or under any system of deferred payment, when such
services are availed of with the approval of the first mentioned person, but does
not include a person who avails of such service for any commercial purpose.
Explanation.—For the purposes of this clause,—
(a) the expression "commercial purpose" does not include use by a
person of goods bought and used by him exclusively for the purpose of
earning his livelihood, by means of self-employment;
(b) the expressions "buys any goods" and "hires or avails any
services" includes offline or online transactions through electronic means
or by teleshopping or direct selling or multi-level marketing;
(8) "consumer dispute" means a dispute where the person against whom a
complaint has been made, denies or disputes the allegations contained in the complaint;
(9) "consumer rights" includes,—
(i) the right to be protected against the marketing of goods, products or
services which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity,
standard and price of goods, products or services, as the case may be, so as to
protect the consumer against unfair trade practices;
, 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(iii) the right to be assured, wherever possible, access to a variety of
goods, products or services at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will
receive due consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or restrictive
trade practices or unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;
(10) "defect" means any fault, imperfection or shortcoming in the quality,
quantity, potency, purity or standard which is required to be maintained by or under
any law for the time being in force or under any contract, express or implied or as is
claimed by the trader in any manner whatsoever in relation to any goods or product
and the expression "defective" shall be construed accordingly;
(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in
the quality, nature and manner of performance which is required to be maintained by or
under any law for the time being in force or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service and includes—
(i) any act of negligence or omission or commission by such person which
causes loss or injury to the consumer; and
(ii) deliberate withholding of relevant information by such person to the
consumer;
(12) "design", in relation to a product, means the intended or known physical
and material characteristics of such product and includes any intended or known
formulation or content of such product and the usual result of the intended
manufacturing or other process used to produce such product;
(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;
(14) "Director-General" means the Director-General appointed under
sub-section (2) of section 15;
(15) "District Commission" means a District Consumer Disputes Redressal
Commission established under sub-section (1) of section 28;
(16) "e-commerce" means buying or selling of goods or services including
digital products over digital or electronic network;
(17) "electronic service provider" means a person who provides technologies
or processes to enable a product seller to engage in advertising or selling goods or
services to a consumer and includes any online market place or online auction sites;
(18) "endorsement", in relation to an advertisement, means—
(i) any message, verbal statement, demonstration; or
(ii) depiction of the name, signature, likeness or other identifiable personal
characteristics of an individual; or
(iii) depiction of the name or seal of any institution or organisation,
which makes the consumer to believe that it reflects the opinion, finding or experience of the
person making such endorsement;
(19) "establishment" includes an advertising agency, commission agent,
manufacturing, trading or any other commercial agency which carries on any business,
trade or profession or any work in connection with or incidental or ancillary to any
vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 54] ubZ fnYyh] 'kqØ okj] vxLr 9] 2019@ Jko.k 18] 1941 ¼'kd½
No. 54] NEW DELHI, FRIDAY, AUGUST 9, 2019/SHRAVANA 18, 1941 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2019, and is hereby published for general information:—
THE CONSUMER PROTECTION ACT, 2019
NO. 35 OF 2019
[9th August, 2019.]
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.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Consumer Protection Act, 2019. Short title,
extent,
(2) It extends to the whole of India except the State of Jammu and Kashmir. commencement
(3) It shall come into force on such date as the Central Government may, by notification, and
application.
appoint and different dates may be appointed for different States and for different provisions
of this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
(4) Save as otherwise expressly provided by the Central Government, by notification,
this Act shall apply to all goods and services.
, 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Definitions. 2. In this Act, unless the context otherwise requires,—
(1) "advertisement" means any audio or visual publicity, representation,
endorsement or pronouncement made by means of light, sound, smoke, gas, print,
electronic media, internet or website and includes any notice, circular, label, wrapper,
invoice or such other documents;
(2) "appropriate laboratory" means a laboratory or an organisation—
(i) recognised by the Central Government; or
(ii) recognised by a State Government, subject to such guidelines as may
be issued by the Central Government in this behalf; or
(iii) established by or under any law for the time being in force, which is
maintained, financed or aided by the Central Government or a State Government
for carrying out analysis or test of any goods with a view to determining whether
such goods suffer from any defect;
(3) "branch office" means—
(i) any office or place of work described as a branch by the establishment; or
(ii) any establishment carrying on either the same or substantially the
same activity carried on by the head office of the establishment;
(4) "Central Authority" means the Central Consumer Protection Authority
established under section 10;
(5) "complainant" means—
(i) a consumer; or
(ii) any voluntary consumer association registered under any law for the
time being in force; or
(iii) the Central Government or any State Government; or
(iv) the Central Authority; or
(v) one or more consumers, where there are numerous consumers having
the same interest; or
(vi) in case of death of a consumer, his legal heir or legal representative; or
(vii) in case of a consumer being a minor, his parent or legal guardian;
(6) "complaint" means any allegation in writing, made by a complainant for
obtaining any relief provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice
has been adopted by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from
one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by
him suffer from any deficiency;
(iv) a trader or a service provider, as the case may be, has charged for the
goods or for the services mentioned in the complaint, a price in excess of the
price—
(a) fixed by or under any law for the time being in force; or
,SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(b) displayed on the goods or any package containing such goods; or
(c) displayed on the price list exhibited by him by or under any law
for the time being in force; or
(d) agreed between the parties;
(v) the goods, which are hazardous to life and safety when used, are being
offered for sale to the public—
(a) in contravention of standards relating to safety of such goods
as required to be complied with, by or under any law for the time being in
force;
(b) where the trader knows that the goods so offered are unsafe to
the public;
(vi) the services which are hazardous or likely to be hazardous to life and
safety of the public when used, are being offered by a person who provides any
service and who knows it to be injurious to life and safety;
(vii) a claim for product liability action lies against the product
manufacturer, product seller or product service provider, as the case may be;
(7) "consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment
and includes any user of such goods other than the person who buys such
goods for consideration paid or promised or partly paid or partly promised, or
under any system of deferred payment, when such use is made with the approval
of such person, but does not include a person who obtains such goods for
resale or for any commercial purpose; or
(ii) hires or avails of any service for a consideration which has been paid
or promised or partly paid and partly promised, or under any system of deferred
payment and includes any beneficiary of such service other than the person
who hires or avails of the services for consideration paid or promised, or partly
paid and partly promised, or under any system of deferred payment, when such
services are availed of with the approval of the first mentioned person, but does
not include a person who avails of such service for any commercial purpose.
Explanation.—For the purposes of this clause,—
(a) the expression "commercial purpose" does not include use by a
person of goods bought and used by him exclusively for the purpose of
earning his livelihood, by means of self-employment;
(b) the expressions "buys any goods" and "hires or avails any
services" includes offline or online transactions through electronic means
or by teleshopping or direct selling or multi-level marketing;
(8) "consumer dispute" means a dispute where the person against whom a
complaint has been made, denies or disputes the allegations contained in the complaint;
(9) "consumer rights" includes,—
(i) the right to be protected against the marketing of goods, products or
services which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity,
standard and price of goods, products or services, as the case may be, so as to
protect the consumer against unfair trade practices;
, 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(iii) the right to be assured, wherever possible, access to a variety of
goods, products or services at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will
receive due consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or restrictive
trade practices or unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;
(10) "defect" means any fault, imperfection or shortcoming in the quality,
quantity, potency, purity or standard which is required to be maintained by or under
any law for the time being in force or under any contract, express or implied or as is
claimed by the trader in any manner whatsoever in relation to any goods or product
and the expression "defective" shall be construed accordingly;
(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in
the quality, nature and manner of performance which is required to be maintained by or
under any law for the time being in force or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service and includes—
(i) any act of negligence or omission or commission by such person which
causes loss or injury to the consumer; and
(ii) deliberate withholding of relevant information by such person to the
consumer;
(12) "design", in relation to a product, means the intended or known physical
and material characteristics of such product and includes any intended or known
formulation or content of such product and the usual result of the intended
manufacturing or other process used to produce such product;
(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;
(14) "Director-General" means the Director-General appointed under
sub-section (2) of section 15;
(15) "District Commission" means a District Consumer Disputes Redressal
Commission established under sub-section (1) of section 28;
(16) "e-commerce" means buying or selling of goods or services including
digital products over digital or electronic network;
(17) "electronic service provider" means a person who provides technologies
or processes to enable a product seller to engage in advertising or selling goods or
services to a consumer and includes any online market place or online auction sites;
(18) "endorsement", in relation to an advertisement, means—
(i) any message, verbal statement, demonstration; or
(ii) depiction of the name, signature, likeness or other identifiable personal
characteristics of an individual; or
(iii) depiction of the name or seal of any institution or organisation,
which makes the consumer to believe that it reflects the opinion, finding or experience of the
person making such endorsement;
(19) "establishment" includes an advertising agency, commission agent,
manufacturing, trading or any other commercial agency which carries on any business,
trade or profession or any work in connection with or incidental or ancillary to any
