Consumer Protection Act Section 18 — Powers and functions of Central Authority

CHAPTER III CENRAL CONSUMER PROTECTION AUTHORITY

Civil

Summary

Sub-section (1) lays out the core duties of the Central Authority. It must protect, promote, and enforce the rights of consumers as a group, and stop any violation of those rights under this Act. It must also prevent unfair trade practices and make sure no person engages in them. Further, it must ensure that no false or misleading advertisement is made for any goods or services that goes against this Act or its rules, and that no person takes part in publishing any such advertisement.

Sub-section (2) states that, without limiting the general duties in sub-section (1), the Central Authority may take certain actions for those purposes. Under clause (a), it can start or cause an inquiry or investigation into violations of consumer rights or unfair trade practices, either on its own motion, on a complaint received, or on directions from the Central Government. Under clause (b), it can file complaints before the District Commission, the State Commission, or the National Commission, as the case may be, under this Act. Under clause (c), it can intervene in any proceedings before those commissions regarding any allegation of violation of consumer rights or unfair trade practices.

Under clause (d), the Central Authority may review matters relating to consumer rights and the factors that hinder their enjoyment, including safeguards for consumers under any other current law, and recommend remedial measures for their effective implementation. Under clause (e), it may recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement. Under clause (f), it may undertake and promote research in the field of consumer rights. Under clause (g), it may spread and promote awareness on consumer rights.

Under clause (h), the Central Authority may encourage non-Governmental organisations and other institutions working in the field of consumer rights to cooperate and work with consumer protection agencies. Under clause (i), it may mandate the use of unique and universal goods identifiers in such goods as may be necessary, to prevent unfair trade practices and protect consumers' interest. Under clause (j), it may issue safety notices to alert consumers against dangerous, hazardous, or unsafe goods or services. Under clause (k), it may advise the Ministries and Departments of the Central and State Governments on consumer welfare measures. Under clause (l), it may issue necessary guidelines to prevent unfair trade practices and protect consumers' interest.

Official Text

(1) The Central Authority shall—

(a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act;

(b) prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;

(c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder;

(d) ensure that no person takes part in the publication of any advertisement which is false or misleading.

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Central Authority may, for any of the purposes aforesaid,--

(a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government;

(b) file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act;

(c) intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices;

(d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation;

(e) recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights;

(f) undertake and promote research in the field of consumer rights;

(g) spread and promote awareness on consumer rights;

(h) encourage non-Governmental organisations and other institutions working in the field of consumer rights to co-operate and work with consumer protection agencies;

(i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest;

(j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services;

(k) advise the Ministries and Departments of the Central and State Governments on consumer welfare measures;

(l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest.