Central Consumer Protection Council (Section 4)

The Consumer Protection Act, 2019, provides for the establishment of Consumer Protection Councils at the Central, State, and District levels. These councils are advisory bodies responsible for promoting and protecting the rights of consumers.

Composition and role

Composition (Section 4):

The **Central Consumer Protection Council** is established by the Central Government. Its composition is laid down in Section 4(1) of the Act:

• **Chairman:** The Union Minister in charge of consumer affairs in the Central Government.
• **Vice-Chairman:** The Minister of State (where he is not the Union Minister) in charge of consumer affairs in the Central Government.
• **Members:** Such number of other official or non-official members representing such interests as may be prescribed. These typically include:
  • The Secretary of the Department of Consumer Affairs (who usually acts as the Member Secretary).
  • Representatives from various Ministries and Departments of the Central Government whose work relates to consumer interests (e.g., Food and Public Distribution, Health, Finance, Agriculture, Education, Environment, etc.).
  • Representatives from the State Governments and Union Territories.
  • Representatives of consumer organisations registered with the Central Government.
  • Representatives of trade and industry associations.
  • Experts and persons with knowledge and experience in consumer affairs.
  • Such other persons as may be nominated by the Central Government.

The composition is designed to be broad-based, bringing together representatives from government, industry, and consumer groups to discuss and address consumer issues.

Role and Objectives (Section 4(2)):

The objects of the Central Council are to promote and protect the rights of the consumers. These rights are enumerated in Section 2(9) of the Act and include:

• The right to be protected against the marketing of goods, products or services which are hazardous to life and property.
• The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services.
• The right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices.
• The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora.
• The right to seek redressal against unfair trade practice or restrictive trade practice or unscrupulous exploitation of consumers.
• The right to consumer awareness.

The Central Council serves as a platform for deliberation on policy matters related to consumer protection, advising the Central Government on measures to promote and protect these rights. It meets as and when necessary, but at least **once in every year** (Section 4(3)).

State Consumer Protection Councils (Section 7)

Similar to the Central level, the Consumer Protection Act, 2019, mandates the establishment of Consumer Protection Councils at the State level to address consumer issues within their respective jurisdictions.

Composition and role

Composition (Section 7):

The **State Consumer Protection Council** is established by the State Government. Its composition is laid down in Section 7(1) of the Act:

• **Chairman:** The Minister in charge of consumer affairs in the State Government.
• **Members:** Such number of other official or non-official members representing such interests as may be prescribed by the State Government. These typically include:
  • The Secretary of the Department in charge of consumer affairs in the State Government (who usually acts as the Member Secretary).
  • Representatives from relevant State Government Departments.
  • Representatives of consumer organisations registered with the State Government.
  • Representatives of trade and industry associations at the State level.
  • Experts and persons with knowledge and experience in consumer affairs within the State.
  • Such other persons as may be nominated by the State Government.

The State Council mirrors the structure of the Central Council but operates at the State level, focusing on issues and policies relevant to consumers within that state.

Role and Objectives (Section 7(2)):

The objects of every State Council shall be to promote and protect the rights of the consumers as laid down in Section 2(9) of the Act. This means the State Council also aims to promote and protect the six consumer rights defined in the Act, but within the specific context and challenges faced by consumers in that particular state.

The State Council advises the State Government on consumer protection policies and measures. It acts as a forum for discussing state-specific consumer issues and coordinating efforts for consumer awareness and protection within the state. It meets as and when necessary, but at least **twice in every year** (Section 7(3)).

District Consumer Protection Councils (Section 8)

To ensure that consumer protection efforts reach the grassroots level, the Consumer Protection Act, 2019, also provides for the establishment of Consumer Protection Councils at the District level.

Composition and role

Composition (Section 8):

The **District Consumer Protection Council** is established by the State Government in every district. Its composition is laid down in Section 8(1) of the Act:

• **Chairman:** The Collector of the District.
• **Members:** Such number of other official or non-official members representing such interests as may be prescribed by the State Government. These typically include:
  • Representatives from various District level government departments.
  • Representatives of local consumer organisations.
  • Representatives of local trade and industry associations.
  • Persons with expertise in consumer affairs at the district level.
  • Such other persons as may be nominated by the State Government.

The Collector, being the administrative head of the district, chairs the council to facilitate coordination among various district-level functionaries and address consumer issues effectively within the district.

Role and Objectives (Section 8(2)):

The objects of every District Council shall be to promote and protect the rights of the consumers as laid down in Section 2(9) of the Act. Like the Central and State Councils, the District Council works towards promoting and protecting the six defined consumer rights, but with a focus on the specific problems and needs of consumers within that district.

The District Council provides a forum for discussing consumer issues at the local level, facilitating consumer awareness activities within the district, and coordinating with the District Consumer Disputes Redressal Commission and other relevant authorities. It meets as and when necessary, but at least **twice in every year** (Section 8(3)).

The three-tier council system (Central, State, District) aims to create a robust network for the promotion of consumer rights, policy advocacy, and increasing consumer awareness across the country, from the national level down to the district level.

Promotion of Consumer Awareness

One of the fundamental objectives and functions of the Central, State, and District Consumer Protection Councils, as outlined in the Consumer Protection Act, 2019 (Sections 4, 7, and 8 respectively), is the active promotion of consumer awareness. This aligns directly with the fundamental **Right to Consumer Awareness** guaranteed under Section 2(9)(f) of the Act.

Promoting the Right to Consumer Awareness (Section 2(9)(f) & Objects of Councils)

The Councils serve as platforms and driving forces for enhancing consumer knowledge and understanding. Their role in promoting awareness includes:

• **Educating Consumers:** Informing consumers about their rights under the Act (e.g., right to safety, information, choice, redressal).
• **Highlighting Malpractices:** Bringing attention to prevalent unfair trade practices, restrictive trade practices, and other forms of consumer exploitation.
• **Informing about Redressal Mechanisms:** Making consumers aware of the existence of consumer forums (District, State, National Commissions), their jurisdiction, and the procedure for filing complaints.
• **Disseminating Information:** Promoting awareness about quality standards, safety norms, and other relevant information related to goods and services.
• **Supporting Campaigns:** Encouraging and supporting government initiatives like the "Jago Grahak Jago" campaign through discussions, recommendations, and potentially facilitating local-level execution.
• **Engaging Stakeholders:** Utilising the diverse representation on the Councils (government, industry, consumer organisations, experts) to collaborate on awareness campaigns and initiatives.

By fostering greater consumer awareness, the Councils contribute significantly to empowering consumers, enabling them to make informed decisions and effectively assert their rights when violated. An aware consumer is the first line of defence against unfair market practices.

Advisory Role

The Consumer Protection Councils function primarily as **advisory bodies**. They are not quasi-judicial like the consumer forums, nor do they have the regulatory powers of the Central Consumer Protection Authority (CCPA). Their main role is to deliberate on issues affecting consumers and provide guidance and suggestions to the respective governments.

Advising the Central and State Governments on Consumer Protection Measures

As stated in Sections 4(2), 7(2), and 8(2), the object of the Councils is to promote and protect the rights of the consumers. Their advisory function manifests as:

• **Deliberating on Consumer Issues:** The Councils provide a forum for various stakeholders to discuss current and emerging issues faced by consumers, ranging from product safety concerns and misleading advertisements to service deficiencies and online frauds.
• **Identifying Areas for Intervention:** Based on these discussions, the Councils identify specific areas where government intervention or policy changes might be needed to better protect consumer interests.
• **Providing Recommendations:** The Councils make recommendations to the Central Government (Central Council), State Governments (State Councils), and potentially district administration (District Councils) on policy matters, legislative changes, regulatory measures, and enforcement strategies related to consumer protection.
• **Reviewing Existing Policies:** They may also review existing laws, rules, and policies related to consumer protection and suggest improvements.
• **Bringing Diverse Perspectives:** The broad-based composition of the Councils ensures that advice is formulated after considering viewpoints from industry, consumer advocates, experts, and different government departments.

The advisory role is crucial for shaping the direction of consumer protection policy and ensuring that the legal and administrative framework remains responsive to the needs of consumers in a dynamic marketplace.

Making recommendations to Government and other bodies

Flowing directly from their advisory role, a core function of the Consumer Protection Councils is to formulate and submit recommendations. These recommendations are directed primarily to the Central or State Government (depending on the level of the Council) but can also extend to other relevant bodies involved in consumer affairs.

Suggesting Measures for Promotion and Protection of Consumer Rights

The specific recommendations made by the Councils cover a wide spectrum aimed at enhancing consumer welfare and strengthening the consumer protection ecosystem. Examples of areas for recommendations include:

• **Legislative and Regulatory Reforms:** Recommending amendments to the Consumer Protection Act, 2019, the rules made thereunder, or other sector-specific laws to address gaps or emerging issues. Suggesting new regulations for specific industries or practices (e.g., e-commerce, digital advertising).
• **Enforcement Mechanisms:** Recommending measures to strengthen the enforcement of consumer laws, including improving the infrastructure and functioning of consumer forums and the CCPA.
• **Awareness and Education Programs:** Suggesting specific themes, strategies, and channels for consumer awareness campaigns, and recommending ways to integrate consumer education into school curricula.
• **Product Safety and Standards:** Recommending the formulation or stricter enforcement of safety standards for goods and services.
• **Redressal Process Improvement:** Suggesting ways to simplify the complaint filing process, expedite case disposal in forums, and improve the effectiveness of mediation.
• **Protection against Specific Malpractices:** Recommending steps to curb specific unfair or restrictive trade practices identified as prevalent or particularly harmful.
• **Coordination:** Suggesting mechanisms for better coordination between different government departments, regulatory bodies (like RBI, SEBI, CCI, FSSAI), and consumer forums to address consumer issues holistically.

These recommendations, while not legally binding, carry significant weight due to the statutory backing of the Councils and their broad-based representation. They serve as valuable inputs for policymakers in strengthening the consumer protection framework in India.