PENALITES UNDER CP ACT

Chapter VII of the Consumer Protection Act, 2019 deals with the offences and penalties.[i]

  1. Section 72(1): In case of failure to comply with the order of District/State/National Commission, imprisonment for a period not less than 1-month extendable upto 3 years, OR, fine of not less than Rs. 25,000/- upto Rs.1,00,000/-, or both.
  2. Section 88: In case of failure to comply with order of CCPA under s.20, 21, a complaint can be filed by the Central Consumer Protection Authority or any officer authorised by it in this behalf. As for the penalty: Imprisonment which may extend upto 6 months, OR, fine which may extend upto Rs. 20,00,000/-, or both.
  3. Section 89: Deals with punishment for false or misleading advertisement. In case of any false or misleading advertisement done by any manufacturer or service provider, A complaint can be filed by the Central Consumer Protection Authority or any officer authorised by it in this behalf. As for the penalties, imprisonment which may extend to 2 years AND fine which may extend to Rs. 10,00,000/- Subsequent offences – imprisonment which may extend to 5 years and with fine which may extend to Rs.50,00,000.
  4. Section 90: This section deals with the punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant.
    1. Section 90(1)(a): if someone manufactures for sale, or storing, selling or distributing or importing products containing an adulterant, but does not result in an injury to the consumer, shall be imprisoned which may extend to 6 months AND fine which may extend to Rs. 1,00,000/-.
    2. Section 90(1)(b): if someone manufactures for sale, or storing, selling or distributing or importing products containing an adulterant, causing injury but not grievous hurt to the consumer, shall be imprisoned which may extend to 1 year AND fine which may extend to Rs. 3,00,000/-.
    3. Section 90(1)(c): if someone manufactures for sale, or storing, selling or distributing or importing products containing an adulterant, resulting in death of consumer, shall be imprisoned which shall not less than 7 years which may extend to life imprisonment AND fine not less than Rs. 10,00,000/-. Such an offence shall be cognizable and non-bailable.
    4. Section 90(1)(d): if someone manufactures for sale, or storing, selling or distributing or importing products containing an adulterant, resulting in death of consumer, shall be imprisoned which shall not less than 7 years which may extend to life imprisonment AND fine not less than Rs. 10,00,000/-. Such an offence shall be cognizable and non-bailable.
  5. Section 91: This section deals with the punishment for manufacturing for sale or storing, selling or distributing or importing spurious goods.
    1. Section 91(1)(a): if someone manufactures for sale, or storing, selling or distributing or importing spurious goods, causing injury not amounting to grievous hurt to the consumer, shall be imprisoned which may extend to 1 year AND fine which may extend to Rs. 3,00,000/-.
    2. Section 91(1)(b): if someone manufactures for sale, or storing, selling or distributing or importing spurious goods, causing injury resulting in grievous hurt to the consumer, shall be imprisoned which may extend to 7 years AND fine which may extend to Rs. 5,00,000/-. Such an offence shall be cognizable and non-bailable.
    3. Section 91(1)(c): if someone manufactures for sale, or storing, selling or distributing or importing spurious goods, resulting in death of the consumer, shall be imprisoned which shall not less than 7 years which may extend to life imprisonment AND fine not less than Rs. 10,00,000/-. Such an offence shall be cognizable and non-bailable.

SOURCES:


[i] The Consumer Protection Act, 2019.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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