UPSC MainsLAW-PAPER-II201720 Marks
Q12.

Consumer Protection Councils also play a very important role in consumer protection." Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Protection Councils.

How to Approach

This question requires a detailed examination of the Consumer Protection Councils at different levels – Central, State, and District. The answer should begin by establishing the importance of these councils in the broader consumer protection framework. It should then systematically outline the objects, composition, and functions of each council, highlighting their specific roles and powers. A comparative approach, potentially using a table, would be beneficial. Focus on the Consumer Protection Act, 2019, as it significantly altered the structure and functioning of these councils.

Model Answer

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Introduction

Consumer protection is a cornerstone of a fair and equitable market system, ensuring that consumers are not exploited and have recourse against unfair trade practices. While the Consumer Protection Act, 2019 provides the legal framework, the effective implementation of its provisions relies heavily on the functioning of Consumer Protection Councils. These councils, established at the Central, State, and District levels, act as vital links between consumers, businesses, and the government. They play a crucial role in promoting consumer awareness, investigating complaints, and advocating for consumer rights. The statement that these councils play a very important role is therefore demonstrably true, and this answer will examine their structure and functions in detail.

Central Consumer Protection Authority (CCPA) & Central Consumer Protection Council (CCPC)

The Consumer Protection Act, 2019 introduced the Central Consumer Protection Authority (CCPA), which is a regulatory authority responsible for promoting, protecting, and enforcing the rights of consumers. Alongside the CCPA, the Central Consumer Protection Council (CCPC) functions as an advisory body.

Objects of the CCPC:

  • To review the laws pertaining to consumer protection.
  • To promote and fund research in consumer protection.
  • To spread consumer awareness.
  • To advise the Central Government on matters relating to consumer protection.

Composition of the CCPC:

  • The Minister in charge of Consumer Affairs is the Chairperson.
  • Official members from the Central Government (maximum 4).
  • Representatives from consumer organizations (maximum 6).
  • Representatives from industry (maximum 6).
  • Members with expertise in consumer affairs (maximum 2).

Functions of the CCPC:

  • Advising the Central Government on policy formulation.
  • Promoting consumer education and awareness campaigns.
  • Investigating and reviewing consumer complaints.
  • Facilitating mediation between consumers and businesses.

State Consumer Protection Council (SCPC)

The State Consumer Protection Council is established by the State Government to promote and protect consumer rights within the state.

Objects of the SCPC:

  • Similar to the CCPC, focusing on state-level consumer issues.
  • Promoting consumer education within the state.
  • Providing a platform for consumer grievance redressal.

Composition of the SCPC:

  • The Minister in charge of Consumer Affairs in the State Government is the Chairperson.
  • Official members from the State Government (maximum 5).
  • Representatives from consumer organizations (maximum 8).
  • Representatives from industry (maximum 8).
  • Members with expertise in consumer affairs (maximum 3).

Functions of the SCPC:

  • Advising the State Government on consumer protection policies.
  • Organizing consumer awareness programs.
  • Monitoring the functioning of District Consumer Disputes Redressal Commissions.
  • Promoting consumer rights through advocacy and education.

District Consumer Protection Council (DCPC)

The District Consumer Protection Council operates at the district level, providing a localized platform for consumer protection.

Objects of the DCPC:

  • To promote and protect consumer rights at the district level.
  • To provide a forum for resolving consumer disputes.
  • To create awareness about consumer rights and responsibilities.

Composition of the DCPC:

  • District Magistrate is the Chairperson.
  • Chief Medical Officer, District Food Controller, and other relevant officials (maximum 5).
  • Representatives from consumer organizations (maximum 5).
  • Representatives from industry (maximum 5).
  • Members with expertise in consumer affairs (maximum 2).

Functions of the DCPC:

  • Organizing consumer awareness camps and workshops.
  • Receiving and addressing consumer complaints.
  • Facilitating mediation between consumers and businesses.
  • Monitoring the quality and safety of goods and services.

Comparative Table of Consumer Protection Councils

Feature Central Consumer Protection Council (CCPC) State Consumer Protection Council (SCPC) District Consumer Protection Council (DCPC)
Chairperson Union Minister of Consumer Affairs State Minister of Consumer Affairs District Magistrate
Focus National Consumer Policy State-Level Consumer Policy District-Level Consumer Issues
Key Functions Advising Central Govt., Research, Awareness Advising State Govt., Monitoring DCDRCs Awareness, Complaint Redressal, Monitoring Quality

Conclusion

In conclusion, the Central, State, and District Consumer Protection Councils are indispensable components of the consumer protection ecosystem in India. Their diverse compositions and functions, as outlined above, ensure a multi-layered approach to safeguarding consumer rights. The Consumer Protection Act, 2019 has strengthened these councils, particularly with the introduction of the CCPA. However, effective implementation requires sustained funding, proactive engagement from all stakeholders, and increased consumer awareness. Further strengthening of these councils through capacity building and technological integration will be crucial for achieving the goal of a truly consumer-centric market.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Consumer Rights
The basic rights of consumers, including the right to safety, the right to be informed, the right to choose, the right to be heard, the right to seek redressal, and the right to consumer education.
Unfair Trade Practice
As defined under the Consumer Protection Act, 2019, it includes deceptive advertising, false representations, hoarding, and other practices that unfairly exploit consumers.

Key Statistics

According to the National Consumer Helpline (NCH), over 5.5 lakh consumer complaints were registered in 2023-24, highlighting the significant demand for consumer protection mechanisms.

Source: National Consumer Helpline Annual Report 2023-24

As of December 2023, over 8,000 consumer organizations are registered in India, indicating a growing civil society engagement in consumer protection.

Source: Department of Consumer Affairs, Government of India (Knowledge cutoff: Dec 2023)

Examples

Maggi Noodle Controversy (2015)

The controversy surrounding Maggi noodles, where excessive lead content was detected, demonstrated the role of consumer activism and regulatory bodies in ensuring food safety. Consumer complaints led to investigations and ultimately, the recall of the product.

Frequently Asked Questions

What is the difference between a Consumer Disputes Redressal Commission (CDRC) and a Consumer Protection Council?

CDRCs are quasi-judicial bodies that adjudicate consumer disputes and provide legal remedies. Consumer Protection Councils are advisory bodies that promote consumer awareness, conduct research, and advise the government on consumer protection policies.

Topics Covered

LawConsumer ProtectionConsumer RightsConsumer CouncilsConsumer Protection Act