Law of Torts and Consumer Protection Act-II

Topic: Consumer Protection Councils

Consumer Protection Councils

Chapter II of Consumer Protection Act 2019 provides for composition of Consumer Protection
Councils at central, state and district level by the respective governments in order to promote and
protect the interest of Consumers.

Central Consumer Protection Council

Central Consumer Protection Councils is constituted by central government at National level.

Sections 3, 4 and 5 of the Act deals with composition and object of Central Consumer Protection
Council

Composition of Central Consumer Protection Councils

Section-3 (1) The Central Government shall, by notification, establish with effect from such date
as it may specify in that notification, the Central Consumer Protection Council to be known as
the Central Council.

(2) The Central Council shall be an advisory council and consist of the following members,
namely:—

(a) The Minister-in-charge of the Department of Consumer Affairs in the Central Government,
who shall be the Chairperson; and

(b) Such number of other official or non-official members representing such interests as may be
prescribed.

As regard to Section 3(2)(b) dealing with number of other official or non-official members
representing such interests as may be prescribed, the Consumer Protection (Central Consumer
Protection Council) Rules-2020 provides the members for Central Consumer Protection
Councils.

According to Rule 3 of Consumer Protection (Central Consumer Protection Council) Rules-2020

The Central Government shall, by notification in the Official Gazette, establish the Central
Council which shall consist of the following members, not exceeding thirty-six, namely: —
(a) the Minister in-charge of Consumer Affairs in the Central Government who shall be the
Chairperson of the Central Council;
(b) the Minister of State (where he is not holding independent charge) or Deputy Minister in
charge of Consumer Affairs in the Central Government who shall be the Vice-Chairperson of the
Central Council;
(c) the Minister in-charge of Consumer Affairs of two of the States from each region as
mentioned in Schedule I to be changed by rotation on expiration of the term of the Central
Council on each occasion;
(d) an administrator (whether designated as administrator or Lieutenant Governor) of a Union
territory, to represent that Union territory, as mentioned in Schedule II, to be changed by rotation
on expiration of the term of the Central Council on each occasion;
(e) two Members of Parliament—one from the Lok Sabha and one from the Rajya Sabha;
(f) representatives of Departments of the Central Government, autonomous organisations or
regulators concerned with consumer interests, not exceeding five to be nominated by the Central
Government;
(g) the Chief Commissioner of the Central Consumer Protection Authority;
(h) the Registrar, National Consumer Disputes Redressal Commission, New Delhi;
(i) representatives of consumer organisations not exceeding five, to be nominated by the Central
Government;
(j) representatives with proven expertise and experience who are capable of representing
consumer interests, drawn from amongst consumer organisations, consumer activists, research
and training organisations, academicians, farmers, trade or industry, not exceeding five, one from
each of the regions specified in Schedule I, of whom at least one shall be a woman;
(k) the Secretaries in-charge of Consumer Affairs in the States, not exceeding three, to be
nominated by the Central Government;
(l) the Secretary in-charge of Consumer Affairs in the Central Government shall be the Member-
Secretary of the Central Council.

Rule 4 Term of Central Council. – The term of the Central Council shall be three years:
Provided that the Central Council shall continue to function for a further period of three months
or till it is reconstituted, whichever is earlier.
 Rule 5 Resignation of members of Central Council. – Any member may, by notice in writing
under his hand addressed to the Chairperson of the Central Council, resign from the Central
Council.

Rule 6 Vacancy caused by resignation. – (1) A vacancy caused by the resignation of a member
under rule 5 shall be filled by a fresh appointment from the same category of members by the
Central Government.

(2) The person appointed to fill the vacancy caused by the resignation of a member under rule 5
shall hold office only for the period of time that the original member would have been entitled to
hold office had the vacancy not occurred.

Procedure of Central Consumer Protection Councils

Section 4 of the 2019 Act deals with procedure of the working of Central Consumer Protection
Councils
Section 4- (1) The Central Council shall meet as and when necessary, but at least one meeting of
the Council shall be held every year.
(2) The Central Council shall meet at such time and place as the Chairperson may think fit and
shall observe such procedure in regard to the transaction of its business as may be prescribed.
Rule 8 of Consumer Protection Rules further provides Meetings of Central Council for
transaction of business. – (1) The meetings of the Central Council shall ordinarily be held in the
National Capital Territory of Delhi:
Provided that the Central Council may also hold its meetings at any other place in India, wherever
in the opinion of the Chairperson, it is expedient so to do.

(2) The Chairperson, or in his absence, the Vice-Chairperson shall preside over the meetings of the
Central Council.
(3) In the absence of both the Chairperson and the Vice-Chairperson, the meetings of the Central
Council shall be presided over by a member of the Central Council elected for this purpose.
(4) A meeting of the Central Council may be called with the approval of the Chairperson by issuing
a notice in writing to every member at least fifteen days before the intended date of the meeting by
post, or through e-mail to facilitate speedy communication.
(5) The notice of every meeting of the Central Council shall intimate the time, date, and place of
the meeting and the items of agenda for the meeting.
(6) Any business not included in the agenda shall not be transacted at a meeting of the Central
Council except with the permission of the Chairperson, or the Vice-Chairperson, or the member
presiding over the meeting, as the case may be.
(7) The draft minutes of each meeting of the Central Council shall be prepared as soon as possible
and not later than one week from the conclusion of each meeting and the same shall be submitted
to the Chairperson or the Vice-Chairperson or to the member who presided over the meeting for his
approval.
(8) The draft minutes of each meeting of the Central Council approved by the Chairperson or the
Vice-Chairperson or the member who presided over this meeting shall be forwarded to each
member of the Central Council as soon as possible for adoption at the next meeting.
(9) No proceedings of the Central Council shall be invalid merely by reasons of existence of any
vacancy in or any defect in the constitution of the Central Council.

Objective of Central Consumer Protection Councils

Section 5 of Consumer Protection Act 2019 deals with objective of Central Protection Council It
provides: The objects of the Central Council shall be to render advice on promotion and protection
of the consumers' rights under this Act.

The objects of the Central Council shall be to promote and protect the rights of the consumers
such as, (a) the right to be protected against the marketing of goods which are hazardous to life
and property,
(b) The right to be informed about the quality, quantity, potency, purity, standard and price of
goods or services, as the case may be, so as to protect the consumer against unfair trade
practices:
(c) The right to be assured, wherever possible, access to a variety of goods or services, as the
case may be, at competitive prices;
(d) The right to be heard and to be assured that consumers interests will receive due
consideration at appropriate forums;
(e) The right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers, and (
f) The right to consumer education

The Central Council is specially saddled with certain duties to protect and promote the interest of
the consumers. But the significant drawback in the legislation is the toothlessness of the Central
as well as the State Council. The resolutions of the Council are only of recommendatory nature.
Again, the Councils cannot file a complaint before the consumer forums even if the consumer's
rights, the protection of which falls within the domain of the council, are in jeopardy. Even the
Central or the State Government cannot file a complaint on behalf of the aggrieved consumer.
His (consumer's) remedy lies in filing complaint before the consumer forum. A consumer forum
cannot dispose of a complaint without hearing the complainant and it is also obligatory on the
part of the consumer forums to take into account the allegations levelled by the complainant
against the opposite party.

State Consumer Protection Council

Section 6 and section 7 of Consumer Protection Act 2019 deals with composition and objective
of State Consumer Protection Council.
Composition of State Consumer Protection Council

Section 6(1) Every State Government shall, by notification, establish with effect from such date
as it may specify in such notification, a State Consumer Protection Council for such State to be
known as the State Council.
(2) The State Council shall be an advisory council and consist of the following members,
namely:—

(a) The Minister-in-charge of Consumer Affairs in the State Government who shall be the
Chairperson;

(b) Such number of other official or non-official members representing such interests as may be
prescribed;

(c) Such number of other official or non-official members, not exceeding ten, as may be
nominated by the Central Government.
Procedure of State Consumer Protection Council

Section 6(3) and (4) of the Act deals with Procedure of State Consumer Protection Council
It provides as:

Section 6 (3) The State Council shall meet as and when necessary but not less than two meetings
shall be held every year

Section 6 (4) The State Council shall meet at such time and place as the Chairperson may think
fit and shall observe such procedure in regard to the transaction of its business, as may be
prescribed.

Apart from these procedures the state governments are authorized to make rules regulationg the
procedure of working of concerned State Consumer Protection Council.

Objective of State Consumer Protection Council

Section 7 deals with objective of State Consumer Protection Council which provides:

The objects of every State Council shall be to render advice on promotion and protection of
consumer rights under this Act within the State.

In other words the objective of State Consumer Protection Council shall be same as that of
Central Consumer Protection Council.

District Consumer Protection Council

Composition of District Consumer Protection Council

Section 8(1) and (2) deals with composition of District Consumer Protection Council. It
provides:
Section 8 (1) The State Government shall, by notification, establish for every District with effect
from such date as it may specify in such notification, a District Consumer Protection Council to
be known as the District Council.

(2) The District Council shall be an advisory council and consist of the following members,
namely:—

(a) The Collector of the district (by whatever name called), who shall be the Chairperson; and

(b) Such number of other official and non-official members representing such interests as may
be prescribed.
Procedure of District Consumer Protection Council

Section 8(3)(4) deals with Procedure of District Consumer Protection Council. It provides:

Section 8(3) The District Council shall meet as and when necessary but not less than two
meetings shall be held every year.

Section 8(4) The District Council shall meet at such time and place within the district as the
Chairperson may think fit and shall observe such procedure in regard to the transaction of its
business as may be prescribed.
Objective of District Consumer Protection Council

Section 9 of the Act deals with the Objective of District Consumer Protection Council

It provides: The objects of every District Council shall be to render advice on promotion and
protection of consumer rights under this Act within the district.

In other words the objective of District Consumer Protection Council shall be same as that of

Central Consumer Protection Council.