Anchal Chhallani
Consumer Law

Central Consumer Protection Authority(CCPA)

Central Consumer Protection Authority is being established by Section 10 of the Consumer Protection Act, 2019.[1]
The CCPA aims to protect the rights of the consumers by cracking down on unfair trade practices, and false and misleading advertisements that are detrimental to the interests of the public and consumers.

Contents hide

1 Functions of Central Authority

2 Powers of Central Authority

3 The Functioning Of The Authority

3.1 Some more Authorities

Functions of Central Authority

The functions of the Central Authority are as follows—

To protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act;
Prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;
To ensure that no false or misleading advertising is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder;
To ensure that no person takes part in the publication of any advertisement this is false or misleading.[2]

Powers of Central Authority

Powers of Central Authority are as follows:

To inquire or to get an inquiry or investigation done into cases of violation of consumer rights or for the cases of unfair trade practices. The authority can take this action either on its own in the direction of the Central Government.
To file complaints before all the three Commissions, depending upon the facts of the case; to intervene in the proceedings before the Commissions if needed.
Review the matters that relates to and affects the enjoyment of, consumer rights, inclusive of the safeguards given for the protection of consumers under any other law for the time being in force and to recommend reasonable remedial measures for the proper implementation of the laws;
To make sure effective implementation of consumer rights by recommending adoption of international covenants and practices.
Promote and undertake research in the field of consumer rights;
Create and promote awareness on consumer rights;
To encourage NGOs and other institutions that work in the field of consumer rights to co-operate and work with consumer protection agencies;
Make compulsory the use of unique and universal goods prevent unfair trade practices and to protect consumers’ interest;
To issue safety notices to warn consumers against dangerous or hazardous or unsafe goods or services;
To advise the Ministries and Departments of the Central and State Governments on consumer welfare measures;
issue necessary guidelines to prevent unfair trade practices and protect consumers’ interests.

The Functioning Of The Authority

After receiving the complaint/information/direction or own its own can conduct or cause to be conduct a preliminary inquiry in order to decide whether there exists a prima facie case of consumer rights violation, unfair trade practice, or false/misleading advertisement, that is against the interests of the society and public and if satisfied, the authority can order an investigation to be conduct by the District Collector or the Director-General.
After the inquiry, if the Authority considers that matter should be deal with by a Regulator that has been establish under other laws that are in force for the time being, the same along with the report can be refer to such regulator.
For conducting an investigation, the Authority, the Director-General, or the District Collector are empower to call a person refer to under section 19(1) and can also direct such person to present any document or record in his possession.[3]

Some more Authorities

In case the Authority is satisfy with the evidence collect during the investigation that there is a case of violation of rights if consumers/unfair trade practice or false/misleading advertisement,
the authority can pass the required orders, including:
Order to recall goods or withdraw services that are dangerous, hazardous, or unsafe;
Order reimbursement of the prices of goods or services to buyers of such goods or services; and
Order for doing away with such practices that are unfair and against the interests of the consumers.
For conducting an investigation the officers of the CCPA’s Investigation Wing have the powers to enter any premise and search for any document or article, and to seize these. For search and seizure, the CCPA has similar powers given under the provisions of The Code of Criminal Procedure, 1973.
However, the authority should provide an opportunity of being heard to the person against whom an action is to be taken under this act.[4]
Central Authority also has the power to issue directions or impose penalties in cases of false and misleading advertisements
under Section 21 of the Consumer Protection Act, 2019. The authority can impose a penalty ranging from 1 Million to 5 Million depending on the facts of the case. An action can also be taken against the endorsers for false and misleading advertisements.[5] A fair opportunity of being heard should be provide to the person against whom an action is to be take under Section 21.

Appeal

An appeal against the orders of the Central Consumer Protection Authority can be file by the person within a period of 30 days from the date of such order in the National Consumer Dispute Redressal Commission.[6]

Conclusion

The government by establishing a central authority has given an additional relief to the consumers in form of initiating class actions along with the individual filing of complaints

By the consumers for their rights and interests. With this, the consumers can now have two parallel proceedings,

thus increasing their chance of getting redressal.