Power to Remove Difficulties under the Consumer Protection Act

The Consumer Protection Act, 2019 and its predecessor, the Consumer Protection Act, 1986, provide a comprehensive framework for safeguarding consumer rights in India. However, like any large legislative framework, certain challenges may arise when implementing its provisions. To address these challenges, the Act contains specific provisions granting the Central Government the power to make adjustments or provisions as necessary to remove any difficulties that might hinder the effective enforcement of its provisions.

Section 1: Power to Remove Difficulties (Sub-section 1)

The Central Government is empowered, under Section 1 of the Act, to issue orders to remove any difficulties that may arise in giving effect to the provisions of the Act. The Government can make such provisions through a formal order in the Official Gazette. These provisions, however, must not be inconsistent with the existing provisions of the Act. The purpose is to ensure that the law is implemented smoothly and to address unforeseen issues or gaps in the application of the Act.

For instance, if certain provisions of the Act are difficult to implement due to technological, procedural, or administrative challenges, the Government can intervene by modifying procedures or introducing temporary measures to ease the implementation process.

Time Limit on Such Orders

It is important to note that any such order issued under this provision must be made within two years from the commencement of the Act. This means that the power to make adjustments or provisions is not intended to be open-ended, ensuring that the Act and its provisions are primarily adhered to without prolonged modifications.

Section 2: Laying of Orders Before Parliament

Any order issued by the Central Government under this section must be laid before both Houses of Parliament as soon as possible after it has been issued. This ensures that the decisions made by the Government regarding the removal of difficulties are subject to transparency and parliamentary oversight. It allows the legislators to scrutinize the orders and suggest any necessary modifications or amendments.

Section 3: Power to Remove Difficulties in the Context of the Consumer Protection (Amendment) Act, 2002

The Consumer Protection (Amendment) Act, 2002 also contains similar provisions for addressing difficulties in its implementation. The Central Government is authorized to make necessary adjustments to remove any difficulties arising from the provisions of the 2002 amendment. Like the earlier Act, the Government is given a two-year period to issue such orders.

Again, any such orders made under this section must also be laid before both Houses of Parliament, ensuring accountability and oversight.

Conclusion

The Power to Remove Difficulties provisions under the Consumer Protection Act empower the Central Government to intervene when challenges arise in implementing the law. This ensures the effective functioning of consumer protection mechanisms without undue delays or obstacles. However, the time limit of two years for issuing such orders ensures that these adjustments are temporary and that the law remains largely unchanged in the long run.

For those who are facing challenges related to consumer protection issues, it is advisable to contact Legal Light Consulting for expert advice and assistance in filing consumer complaints, sending legal notices, and seeking justice. Their professional team can guide you through the complexities of consumer law and ensure that your rights are protected.