SALIENT FEATURES OF NEW CONSUMER PROTECTION ACT, 2019
CHANGE OF NOMENCLATURE OF FORUMS
District forum is now renamed as District Commission
The Opposite Party needs to deposit 50% of the amount ordered by District Commission before filing appeal before State Commission, earlier the ceiling was of maximum of Rs. 25,000/-, which has been removed.
The limitation period for filing of appeal to State Commission is increased from 30 days to 45 days, while retaining power to condone the delay.
Second appeal to NCDRC has been provided Under Section 51(3) if there is a substantial question of law involved in the matter
NCDRC can hear appeals against the order of Central Authority by virtue of Section 58 of the Act
State Commission shall have a minimum of 1 President and 4 Members
Original pecuniary jurisdictions:-
District Commission shall be uptil Rs. 1 Crore,
State Commission from 1 Cr – 10 Crore.
NCDRC to be more than Rs. 10 Crore
Complainant can also institute the complaint within the territorial jurisdiction of the Commission where the complainant resides or personally works for gain besides what was provided earlier
Section 49(2) and 59(2) of the new act gives power to the State Commission and NCDRC respectively to declare any terms of contract, which is unfair to any consumer, to be null and void.
POWER OF REVISION
Power of revision can still be exercised by NCDRC Under Section 58(1)(b) and by State commission under 47(1)(b) of the Act.
POWER TO REVIEW
Power of review has been conferred to District Commission, State Commission and NCDRC Under Section 40, 50 and 60 of the Act respectively
Period of limitation in filing of complaint remains 2 years with a provision for condonation of delay power Under Section 69 of the Act
EXECUTION OF ORDERS
Section 71 confers power of execution as provided Under Order XXI, The Code of Civil Procedure, 1908 with such limitation as provided in the section
Mediation is given statutory status by way of introduction of Section 74 in the new Act
PRODUCT LIABILITY ACTION
A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.
Act of 2019 has come into effect w.e.f. 09.08.2019 and old Act of 1986 stands repealed, subject to section 1(3) of the New Act.