Table of Contents

The central government established the Central Consumer Protection Authority to regulate matters relating to violation of rights of consumers, unfair trade practices, and false or misleading advertisement which are pre-judicial to the interest of the public and the consumer, and to promote, protect, and enforce the rights of the consumers as a class, as a body corporate by the said name having perpetual succession and a common seal with power subject to the provisions of the act and the rules and regulations made thereunder, to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name, sue or be sued, having its headquarters at New Delhi. It shall have regional and other offices in any other place in India, as the central government may decide. [Establishment (Section 10)].

Composition of CCPA [Section 10(2)], CPA 2019:

The central authority shall consist of a chief commissioner and such number of other commissioners as may be prescribed to be appointed by the central government to exercise the power and discharge the functions under this act.

Qualification, Method of Recruitment etc. of Chief Commissioners and Other Commissioners (Section 11):

The central government may by notification make rules to provide for the qualification for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal, and other terms and conditions of the service of the chief commissioner and other commissioners of the central authority.

Vacancy etc. not to invalidate proceedings of CCPA (Section 12):

No acts or proceedings of the central authority shall be invalid merely by the reason of: -

  1. Any vacancy in, or any defect in the constitution of the central authority.
  2. Any defect in the appointment of a person acting as chief commissioner or as a commissioner.
  3. Any irregularity in the procedure of the central authority.

Powers and Functions of CCPA (Section 18):

The Central Authority or CCPA shall: -

  1. Protect, promote and enforce the rights of the consumers as a class, and prevent violation of consumers’ rights under this act.
  2. Prevent unfair trade practices.
  3. Ensure that no false or misleading advertisement is made of any goods or services which contravenes the provision of this act.
  4. Ensure that no person takes part in the publication of any advertisement which is false or misleading.

The central authority may, for any of the purposes aforesaid:

  1. Inquire or investigation to be made into violation of consumers’ rights or UTP, either suo moto or a complaint receipt.
  2. File complaint before the District Commission, State Commission, or Central Commission as the case may be.
  3. Intervene in any proceedings before the State Commission or National Commission, as the case may be, in respect of any allegation of violation of consumer rights.
  4. Recommend adoption of international practices on consumer rights to ensure effective enforcement of consumer rights.
  5. Undertake and promote research in the field of consumer rights.
  6. Spread and promote awareness on the consumer rights.
  7. Issue safety notices to alert consumers against dangerous or hazardous or unsafe goods.
  8. Advise the ministries and departments of the Central and State government on consumer welfare measures.
  9. Issue necessary guidelines to prevent UTP and protect consumers’ interests.

Power of Central Authority to Recall Goods, etc. (Section 20):

Where the Central Authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or UTP by a person, it may pass such order as may be necessary, including:

  1. Recalling of goods or withdrawal of services, which are dangerous or unsafe.
  2. Reimbursement of prices of goods or services.
  3. Discontinuation of practices which are unfair and pre-judicial to consumers’ interest.

Provided that the Central Authority shall give the person an opportunity of being heard before passing an order under this section.