Consumer Law Advisory Services Practice
Our Consumer Law practice advises businesses on the Consumer Protection Act, 2019, which significantly expanded consumer law in India by introducing product liability for the first time, creating the Central Consumer Protection Authority (CCPA), extending jurisdiction to e-commerce platforms, and restructuring the consumer forum hierarchy. Businesses that have not mapped their obligations under the 2019 Act are carrying exposure they may not be aware of.
- The Consumer Protection Act, 2019 introduced product liability under Chapter VI — imposing strict liability on manufacturers for defective products causing harm, without the need for a consumer to prove negligence.
- The CCPA under Section 10 of the Act has authority to investigate unfair trade practices, issue safety notices, recall products, and impose penalties. We advise businesses on CCPA compliance and represent them in CCPA proceedings.
- The Consumer Protection (E-Commerce) Rules, 2020 impose specific obligations on e-commerce entities: mandatory seller disclosure, grievance redressal officer appointment, country of origin labelling, and restrictions on misleading practices.
- Consumer disputes for individual policyholders and small businesses are resolved through the District, State, and National Consumer Disputes Redressal Commissions. We represent both businesses and consumers at all three levels.
- In our experience, consumer forum proceedings carry disproportionate reputational cost relative to the financial exposure. We advise businesses to manage consumer disputes with that asymmetry in mind.
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Consumer Protection Act, 2019 — What Changed
The Consumer Protection Act, 2019 replaced the 1986 Act with a significantly expanded framework. Key changes: product liability under Chapter VI imposing liability on manufacturers, service providers, and sellers for harm caused by defective products or deficient services; the creation of the CCPA with powers to investigate, order recalls, impose penalties, and issue advisories; expansion of the definition of ‘consumer’ to include online purchasers; introduction of mediation as an alternative dispute resolution mechanism before consumer forums; and the Consumer Protection (E-Commerce) Rules, 2020 imposing specific obligations on e-commerce entities and marketplace platforms.
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Product Liability — Our Advisory and Risk Management
We advise manufacturers, importers, and sellers on their product liability exposure under Chapter VI of the Consumer Protection Act, 2019. The Act creates three categories of liability: product manufacturer liability (for products with manufacturing defect, design defect, or non-conformity with express warranty), product service provider liability, and product seller liability. Unlike pre-2019 consumer law, product liability under the 2019 Act does not require proof of negligence — defect is sufficient. We advise on product testing and documentation practices that create the best defence to a product liability claim, and on indemnity structuring in supply chain agreements.
“Consumer forum proceedings carry disproportionate reputational cost relative to the financial exposure. We advise businesses to resolve legitimate complaints quickly and contest only where the complaint is clearly unfounded.” -
E-Commerce Consumer Law — Compliance Advisory
We advise e-commerce entities, marketplace platforms, and direct sellers on their obligations under the Consumer Protection (E-Commerce) Rules, 2020: disclosure of seller information; appointment of a Grievance Officer and a Chief Compliance Officer for significant entities; mechanisms for consumer grievance redressal within specified timelines; prohibition on misleading or inaccurate product representation; and restrictions on manipulative search results and fake reviews.
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Consumer Dispute Representation — District, State, and National Forums
We represent businesses as opposite parties in consumer disputes and advise consumers seeking to initiate proceedings before the District Consumer Disputes Redressal Commissions, the State Consumer Disputes Redressal Commissions, and the National Consumer Disputes Redressal Commission. The 2019 Act has extended video conferencing provisions, reduced the period for filing written statements, and introduced strict timelines for admission and disposal of complaints. We advise on the strategic use of mediation — which the Act encourages before the substantive hearing — to resolve disputes without the reputational and precedent risks of a contested hearing. Across 13 partners and 220+ professionals from offices in New Delhi, Mumbai, Chennai, Hyderabad, and Bangalore.
Frequently Asked Questions
consumer-law-advisory-services-practice-faq
Chapter VI of the Consumer Protection Act, 2019 introduced product liability to Indian law. It imposes liability on product manufacturers for harm caused by a product with a manufacturing defect, design defect, or non-conformity with an express warranty. Product service providers and product sellers also carry distinct liability. Crucially, the 2019 Act does not require the consumer to prove negligence — the existence of a defect is sufficient to establish liability.
The Central Consumer Protection Authority, constituted under Section 10 of the Consumer Protection Act, 2019, has powers to: investigate complaints relating to violations of consumer rights and unfair trade practices; issue safety notices, warnings, and directions to manufacturers, traders, and service providers; order recall of unsafe goods or withdrawal of defective services; order reimbursement of prices paid; and impose penalties for false or misleading advertisements. The CCPA has been actively enforcing against misleading advertising across sectors.
The Consumer Protection (E-Commerce) Rules, 2020 require marketplace e-commerce entities to: display seller information including legal name, geographic address, and customer ratings; allow sellers to display country of origin on their listings; appoint a Grievance Officer and (for significant entities) a Chief Compliance Officer; implement a consumer grievance redressal mechanism within specified timelines; and prohibit manipulative search results and fake reviews. These requirements apply to platforms operating in India regardless of where they are incorporated.
Following the Consumer Protection Act, 2019, the pecuniary limits are: District Consumer Disputes Redressal Commissions for disputes involving goods or services with a value up to ₹50 lakh; State Consumer Disputes Redressal Commissions for disputes involving goods or services with a value between ₹50 lakh and ₹2 crore; and the National Consumer Disputes Redressal Commission for disputes involving goods or services with a value exceeding ₹2 crore. [PLACEHOLDER: verify current thresholds against the Act before publication as these may be revised].
Yes. The Consumer Protection Act, 2019 introduced mediation as an alternative dispute resolution mechanism. Once a complaint is admitted, the consumer forum may refer the parties to mediation with their consent. Mediation is conducted by Consumer Mediation Cells established by the commissions. A settlement reached through mediation is placed before the District, State, or National Commission for passing an award in terms of the settlement. For businesses, mediation offers a faster and less public resolution pathway than a contested hearing.