Lok Sabha Question No. 793 (UNSTARRED), answered on 2024-02-07
Subject: Consumer Protection Act
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Badruddin Ajmal

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 793

TO BE ANSWERED ON 07.02.2024

## CONSUMER PROTECTION ACT

## 793. SHRI M. BADRUDDIN AJMAL:

## Will  the  Minister  of CONSUMER  AFFAIRS,  FOOD  AND  PUBLIC  DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h be pleased to state:

- (a) whether the Government is aware of the fact that consumer rights which are guaranteed under the Consumer Protection Act are being violated widely in the country as adulterated fruits, vegetables and other essential commodities are being sold in the market openly, if so, the details thereof;
- (b) the measures being taken by the Government to protect the rights of consumers;
- (c) the details of the arrangements available for consumers to lodge their complaints against violation of their rights and the process of action to resolve it; and
- (d) the details of the complaints against violation of consumer rights registered during the last five years and the ratio of action on such complaints?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ( श्री अश्विनी कु मार चौबे )

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI ASHWINI KUMAR CHOUBEY)

(a)  to  (c)  :  Department  of  Consumer  Affairs  is  continuously  working  for  consumer  protection  and empowerment  of  consumers  by  enactment  of  progressive  legislations.  With  a  view  to  modernize  the framework governing the consumer protection in the new era of globalization, technologies, e-commerce markets  etc  Consumer  Protection  Act,  1986  was  repealed  and  Consumer  Protection  Act  2019  was enacted.

The  Consumer  Protection  Act,  2019  provides  for  a  three  tier  quasi-judicial  machinery  at District,  State  and  Central  levels  commonly known as  'Consumer Commissions' for protection of the rights  of  consumers  and  to  provide  simple  and  speedy  redressal  of  consumer  disputes  including  those related  with  unfair  trade  practices.  The  Consumer  Commissions  are  empowered  to  give  relief  of  a specific nature and award, wherever appropriate, compensation to consumers.

Salient  features  of  the  new  Consumer  Protection  Act,  2019  are  establishment  of  a  Central Consumer  Protection  Authority(CCPA);  simplification  of  the  adjudication  process  in  the  Consumer Commissions  such  as  enhancing  pecuniary  jurisdiction  of  the  Consumer  Commissions,  filing  of complaint from the Consumer Commission having jurisdiction over the place of work/residence of the consumer irrespective of the place of transaction, e-filing and e-payment, videoconferencing for hearing, deemed admissibility of complaints if admissibility is not decided within 21 days of filing; provision of product liability; penal provisions for manufacture/sale of adulterated products/spurious goods; provision for making rules for prevention of unfair trade practice in e-commerce and direct selling.

A Consumer Commission online application portal named 'edaakhil.nic.in' has been developed to  facilitate  the  consumers/advocates  to  file  consumer  complaints  online  through  the  e-Daakhil  portal from home or anywhere at their own comfort for speedy and hassle-free resolution of cases. E-daakhil has been implemented in 35 States/UTs of the Country.

Under  the  provisions  of  the  Consumer  Protection  Act,  2019,  a  Central  Consumer  Protection Authority (CCPA) has been established w.e.f 24.07.2020 to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.

Section 90 and 91 of the Consumer  Protection Act, 2019  provide for punishment  for manufacturing for sale or for storing or selling or for distributing or importing any product containing an adulterant or spurious goods, which includes imprisonment or fine depending on the extent of injury to the consumer.

The National Consumer Helpline(NCH) administered by the Department of Consumer Affairs has emerged  as  a  single  point  of  access  to  consumers  across  the  country  for  grievance  redressal  at  prelitigation  stage.  Consumers  can  register  their  grievances  from  all  over  the  country  in  17  languages through a toll-free number 1915. These grievances can be registered on Integrated Grievance Redressal Mechanism (INGRAM), an omni channel IT enabled central portal,  through  various  channels-  Whats App, SMS , mail , NCH app, web portal, Umang app as per their convenience.  Companies, who have voluntarily  partnered  with  NCH,  as  part  of  the  'Convergence'  programme  directly  respond  to  these grievances according to their redressal process, and revert by providing a feedback to the complainant on the portal directly. Complaints against those companies, who have not partnered with National Consumer Helpline, are forwarded to the company's email id available on public domain for redressal.

Food Safety and Standards Authority of India (FSSAI) through State/UTs and its regional offices conduct  regular  surveillance,  monitoring,  inspection  and  random  sampling  of  food  products  to  check compliance of the standards laid down under Food Safety and Standards Act 2006 (FSS Act), Rules and Regulations made thereunder. In order to ensure safe food to everyone, Government initiates penal action against  the  defaulting  Food  Business  Operators  as  per  provisions  of  FSS  Act,  Rules  and  Regulations made thereunder.

In order to facilitate quick redressal of food concerns, FSSAI has an online food concern redressal system  namely  'Food  Safety  Connect'  that  is  part  of  the  online  Food  Safety  Compliance  System (FoSCoS). This online platform helps consumers to register their complaints and feedbacks about food safety  issues  related  to  adulterated  food,  unsafe  food,  substandard  food,  labelling  defects  in  food  and misleading claims & advertisements related to various food products. On successful registration of a food concern, Consumer receives a unique concern no. via SMS on the mobile number provided at the time of registering the concern. This reference number can be utilized to monitor the status of their concern in the online system.

(d)  : Details of cases filed in consumer commissions during last five years are as follows:

|   Year | Cases Filed   | Cases Disposed   | Percentage disposal   | of     |
|--------|---------------|------------------|-----------------------|--------|
|   2019 | 1,73,882      | 1,36,671         | 78.60                 |        |
|   2020 | 1,16,802      | 57,090           |                       | 48.88  |
|   2021 | 1,45,856      | 96,936           |                       | 66.46  |
|   2022 | 1,69,979      | 1,77,979         |                       | 104.71 |
|   2023 | 1,66,749      | 1,82,872         |                       | 109.67 |