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The Consumer Protection Act, 1986 (as amended up to the Consumer Protection (Amendment)2002, India
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Latest Version in WIPO Lex
Year of Version
2002
Dates
Adopted:
January 1, 1986
Type of Text
IP-related Laws
Subject Matter
Trademarks,
Alternative Dispute Resolution (ADR),
Other
Notes
The Act protects the interest of consumers through the provisions of establishment of consumer councils (chapter II), forums for the settlement of consumers’ disputes (chapter III) , and other matters connected therewith.
Section 2(1)(r) of the Law defines unfair trade practice to include, among other things, 'the practice of making any statement, whether orally or in writing or by visible representation, which falsely represents that the goods are of a particular standard quality, quantity, grade, composition, style or model (subsection 1, i); or falsely represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have (subsection 1, iv) ; or represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have (subsection 1 v); or gives false or misleading facts disparaging the goods, services or trade of another'.
Section 6 provides for the objectives of the Consumer Protection Council regarding the protection the consumers against unfair trade practices (subsections b & e).
Section 14 states that the District Forum (known as 'Consumer Disputes Redressal Forum') is competent to issue an order to the defendants to replace the goods with new goods of similar description, which shall be free from any defect (subsection b); or to discontinue the unfair trade practice or not to repeat them (subsection f).
Section 1(3) of the Act states that '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 provisions of this Act.'
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The Consumer Protection Act, 1986 (as amended up to the Consumer Protection (Amendment)2002
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WIPO Lex No.
IN076