Consumer Protection Councils

In one minute

The Consumer Protection Act, 2019 creates three advisory bodies: the Central Council, a State Council in each State and a District Council in each district. They advise on promotion and protection of consumer rights. They do not decide disputes.

In exams, this topic is asked as "explain the composition and objects of the Consumer Protection Councils". The usual trap is to confuse the Councils, which advise, with the Commissions, which decide.

Legal provision

• Sections 3 to 5: the Central Consumer Protection Council, its meetings and objects.
• Sections 6 and 7: State Consumer Protection Councils and their objects.
• Sections 8 and 9: District Consumer Protection Councils and their objects.
• Section 2(9): the consumer rights that the Councils are to promote and protect.
• Corresponding sections of the 1986 Act: sections 4 to 8B.

Meaning and definition

A Consumer Protection Council is an advisory body. Its purpose is to render advice on the promotion and protection of consumer rights under the Act. It has no power to hear complaints or pass orders.

Detailed explanation

Step 1: The Central Consumer Protection Council (sections 3 to 5)

• Established by the Central Government by notification.
• It is an advisory council.
• The Minister in charge of the Department of Consumer Affairs in the Central Government is the Chairperson.
• Other official or non-official members represent such interests as may be prescribed.
• It meets as and when necessary, but at least one meeting must be held every year.
• The Chairperson fixes the time and place of meetings.
• Its object is to render advice on promotion and protection of consumer rights under the Act.

Step 2: The State Consumer Protection Councils (sections 6 and 7)

• Established by each State Government by notification.
• It is an advisory council.
• The Minister in charge of Consumer Affairs in the State Government is the Chairperson.
• Other official or non-official members as may be prescribed.
• Not more than ten other members may be nominated by the Central Government.
• It meets as and when necessary, but not less than two meetings must be held every year.
• Its object is to render advice on promotion and protection of consumer rights within the State.

Step 3: The District Consumer Protection Councils (sections 8 and 9)

• Established by the State Government for every district.
• It is an advisory council.
• The collector of the district is the Chairperson.
• Other official and non-official members as may be prescribed.
• It meets as and when necessary, but not less than two meetings must be held every year.
• Its object is to render advice on promotion and protection of consumer rights within the district.

Step 4: What the Councils do

• They advise the Government on policy for the safety, information and awareness of consumers.
• They give consumers and consumer associations a place to be heard, which serves the right to be heard in section 2(9)(iv).
• They promote consumer awareness, which is a consumer right under section 2(9)(vi).

Step 5: What the Councils do not do

• They do not hear complaints or pass binding orders.
• They do not investigate or penalise. That is the work of the Central Consumer Protection Authority.
• Their advice does not bind the Government.

Step 6: The 1986 position

The 1986 Act also created the Central Council (sections 4 to 6) and State Councils (sections 7 and 8). The District Council was added to the 1986 Act by the 2002 amendment (sections 8A and 8B). The 2019 Act keeps all three, with the same advisory role.

1. 1. Central CouncilChair: the Union Minister in charge of Consumer Affairs. At least one meeting a year.
2. 2. State CouncilChair: the State Minister in charge of Consumer Affairs. At least two meetings a year.
3. 3. District CouncilChair: the Collector. At least two meetings a year.

Don't confuse: Councils and Commissions

Point	Consumer Protection Councils	Consumer Disputes Redressal Commissions
Role	Advisory	Quasi-judicial: decide disputes
Powers	Render advice	Pass binding orders
Head	Minister or Collector	President
Sections	3 to 9	28 to 73

Common mistakes

• Saying that Councils decide disputes. They only advise.
• Forgetting that the Collector chairs the District Council.
• Giving one meeting a year for State and District Councils. They must meet at least twice a year.
• Forgetting that the Central Government may nominate up to ten members to a State Council.
• Forgetting that the District Council came into the 1986 Act by the 2002 amendment.

Apply it

Leading case laws

• L.I.C. of India v. Consumer Education & Research Centre (1995)

  Facts. A consumer organisation challenged a policy term that shut out the self-employed.

  Principle. The term was arbitrary under Article 14 and was struck down.

  Significance. Shows how consumer bodies carry the consumer voice that the Councils are meant to promote.

How to write this answer in the exam

Key points to remember

• Councils are advisory and do not decide disputes.
• Chairs: Union Minister (Central), State Minister (State), Collector (District).
• Meetings: at least one a year (Central), at least two a year (State, District).
• Object: advice on promotion and protection of consumer rights.
• Sections 3 to 9 of the 2019 Act.

Quick self-test

Related topics

• Rights of Consumers
• Redressal Machinery under the Consumer Protection Act
• Central Consumer Protection Authority (CCPA): establishment, composition and powers