THE CONSUMER PROTECTION BILL, 2018 - …

1 THE CONSUMER PROTECTION BILL, 2018 ARRANGEMENT OF CLAUSES CLAUSESCHAPTER title, extent, commencement and IICONSUMER PROTECTION CONSUMER PROTECTION for meetings of Central of Central CONSUMER PROTECTION of State CONSUMER PROTECTION of District IIICENTRAL CONSUMER PROTECTION of Central CONSUMER PROTECTION , method of recruitment Chief Commissioner and , etc., not to invalidate proceedings of Central of officers, experts, professionals and other employees of of Central of District to and functions of Central of Central Authority to refer matter for investigation or to other of Central Authority to recall goods, of Central Authority to issue directions and penalties against false ormisleading and of any statutory authority or body to function as Central by Central No.

2 1 of 2018AS INTRODUCED IN LOK and of annual reports, IVCONSUMER DISPUTES REDRESSAL of District CONSUMER Disputes Redressal etc., of President and members of District , allowances and other terms and conditions of service of President andmembers of District in office of members of District and other employees of District of District in which complaint shall be before District to on admission of of District by District Commission in certain against order of District of State CONSUMER Disputes Redressal etc., of President and members of State , allowances and other terms and conditions of service of President andmembers of State and employees of State of State of applicable to State by State Commission in certain to National of of National CONSUMER Disputes Redressal of National etc.

3 , of President and members of National officers and employees of National of National applicable to National by National Commission in certain to set aside ex parte of (ii) in office of President of National or defects in appointment not to invalidate of notice, to assist National Commission or State against order of National of of orders of District Commission, State Commission and for non-compliance of against order passed under section of CONSUMER mediation of mediators from of mediator to disclose certain of mediator in certain for through settlement and passing of VIPRODUCT of liability of product of product service of product to product liability VIIOFFENCES AND for non-compliance of direction of Central for false or misleading for manufacturing for sale or storing.

4 Selling or distributing or importingproducts containing for manufacturing for sale or for storing or selling or distributing orimporting spurious of offence by search.(iii)CLAUSESCHAPTER to prevent unfair trade practices in e-commerce, direct selling, , members, Chief Commissioner, Commissioner and certain officers to bepublic of of crediting of action taken in good to give directions by Central not in derogation of any other of Central Government to make of State Government to make of National Commission to make of Central Authority to make and regulations to be laid before each House of to remove and Savings.

5 (iv)1 THE CONSUMER PROTECTION BILL, 2018 ABILLto provide for PROTECTION of the interests of consumers and for the said purpose, to establishauthorities for timely and effective administration and settlement of consumers disputes and for matters connected therewith or incidental it enacted by Parliament in the Sixty-eighth Year of the Republic of India asfollows: CHAPTER IPRELIMINARY1. (1) This Act may be called the CONSUMER PROTECTION Act, 2018.(2) It extends to the whole of India except the State of Jammu and Kashmir.(3) It shall come into force on such date as the Central Government may, by notification,appoint and different dates may be appointed for different States and for different provisionsof this Act and any reference in any such provision to the commencement of this Act shallbe construed as a reference to the coming into force of that provision.

6 (4) Save as otherwise expressly provided by the Central Government, by notification,this Act shall apply to all goods and title,extent,commencementand No. 1 of 2018510AS INTRODUCED IN LOK SABHA22. 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 maybe issued by the Central Government in this behalf.

7 Or(iii) established by or under any law for the time being in force, which ismaintained, financed or aided by the Central Government or a State Governmentfor carrying out analysis or test of any goods with a view to determiningwhether 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 thesame activity carried on by the head office of the establishment;(4) Central Authority means the Central CONSUMER PROTECTION Authorityestablished under section 10;(5) complainant means (i) a CONSUMER ; or(ii) any voluntary CONSUMER association registered under any law for thetime 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 havingthe same interest; or(vi) in case of death of a CONSUMER , his legal heir or legal representative.

8 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 forobtaining any relief provided by or under this Act, that (i) an unfair contract or unfair trade practice or a restrictive trade practicehas been adopted by any trader or service provider;(ii) the goods bought by him or agreed to be bought by him suffer fromone or more defects;(iii) the services hired or availed of or agreed to be hired or availed of byhim suffer from any deficiency;(iv) a trader or a service provider, as the case may be, has charged for thegoods or for the services mentioned in the complaint, a price in excess of theprice (a) fixed by or under any law for the time being in force; or(b) displayed on the goods or any package containing suchgoods; (c) displayed on the price list exhibited by him by or under any lawfor the time being in force; or(d) agreed between the parties.

9 (v) the goods, which are hazardous to life and safety when used, arebeing offered for sale to the public (a) in contravention of standards relating to safety of such goodsas required to be complied with, by or under any law for the time being inforce;(b) where the trader knows that the goods so offered are unsafe tothe public;(vi) the services which are hazardous or likely to be hazardous to life andsafety of the public when used, are being offered by a person who providesany service and who knows it to be injurious to life and safety;(vii) a claim for product liability action lies against the productmanufacturer, product seller or product service provider, as the case may be.

10 (7) CONSUMER means any person who (i) buys any goods for a consideration which has been paid or promisedor partly paid and partly promised, or under any system of deferred paymentand includes any user of such goods other than the person who buys suchgoods for consideration paid or promised or partly paid or partly promised, orunder any system of deferred payment, when such use is made with the approvalof such person, but does not include a person who obtains such goods forresale or for any commercial purpose; or(ii) hires or avails of any service for a consideration which has been paidor promised or partly paid and partly promised, or under any system of deferredpayment and includes any beneficiary of such service other than the personwho hires or avails of the services for consideration paid o