Consumer Protection Act Section 19 — Power of Central Authority to refer matter for investigation or to other Regulator
CHAPTER III CENRAL CONSUMER PROTECTION AUTHORITY
Civil
Summary
Sub-section (1) explains that the Central Authority can start a preliminary inquiry on its own, or after receiving information, a complaint, or directions from the Central Government. This inquiry checks whether there is a clear initial case (prima facie case) of violation of consumer rights, unfair trade practice, or false or misleading advertising by any person, where such action harms the public interest or consumers. If the Central Authority is satisfied that such a case exists, it must order an investigation to be carried out by the Director-General or by the District Collector.
Sub-section (2) states that if, after the preliminary inquiry, the Central Authority believes the matter should be handled by a Regulator set up under some other law currently in force, it may refer the matter to that Regulator, along with its report.
Sub-section (3) provides that for the purpose of an investigation under sub-section (1), the Central Authority, the Director General, or the District Collector can call upon the person referred to in sub-section (1) and also direct that person to produce any document or record in their possession.
Official Text
(1) The Central Authority may, after receiving any information or complaint or directions from the Central Government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading advertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the Director-General or by the District Collector.
(2) Where, after preliminary inquiry, the Central Authority is of the opinion that the matter is to be dealt with by a Regulator established under any other law for the time being in force, it may refer such matter to the concerned Regulator along with its report.
(3) For the purposes of investigation under sub-section (1), the Central Authority, the Director General or the District Collector may call upon a person referred to in sub-section (1) and also direct him to produce any document or record in his possession.