The Central Consumer Protection Authority

In one line

The Central Consumer Protection Authority is a regulator that investigates unfair trade practices and misleading advertisements on its own motion, and can order recall, refund and penalties.

In the wording a student can write in an exam: section 10 establishes the Central Consumer Protection Authority to regulate matters relating to violation of the rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of the public and consumers, and to promote, protect and enforce the rights of consumers as a class; sections 15 and 16 give it an Investigation Wing headed by a Director-General and the assistance of District Collectors; section 18 sets out its powers and functions; sections 19 to 22 give it powers of preliminary inquiry, recall and refund, penalties for misleading advertisements, and search and seizure; and section 24 provides an appeal to the National Commission.

Establishment and composition

Section 10 establishes the Authority, to be known as the Central Consumer Protection Authority, to regulate matters relating to the violation of consumer rights, unfair trade practices and false or misleading advertisements prejudicial to the interests of the public and consumers, and to promote, protect and enforce the rights of consumers as a class. It consists of a Chief Commissioner and such number of other Commissioners as may be prescribed, and its headquarters and regional offices are as notified.

Section 11 provides for the qualifications and method of recruitment of the Chief Commissioner and the Commissioners. Section 12 provides that a vacancy does not invalidate its proceedings. Section 13 allows the appointment of officers, experts and professionals. Section 14 provides for its procedure, and permits it to sit in Benches.

The machinery of investigation

Section 15: the Investigation Wing. The Central Authority shall have an Investigation Wing headed by a Director-General for the purpose of conducting inquiry or investigation, with such number of Additional, Joint, Deputy or Assistant Directors-General as may be required, and those officers have the powers set out in the section, including the power to enter and search premises where a document, record or article is kept, and to seize what is found.

Section 16: the District Collector. The Collector, by whatever name called, may on a complaint or of his own motion inquire into or investigate violations of consumer rights or unfair trade practices within his jurisdiction and submit a report to the Central Authority or to the Commissioner of a regional office.

Section 17: complaints to authorities. A complaint relating to a violation of consumer rights or an unfair trade practice may be forwarded, either in writing or in electronic mode, to any of the authorities: the District Collector, the Commissioner of a regional office, or the Central Authority.