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Section 16: Power of District Collector

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 15 All 107 Sections of Consumer Protection Act Section 17

Legal Commentary & Landmark Judgments: Section 16

Section 16 empowers the District Collector to conduct inquiries and investigations within their local territorial jurisdiction regarding violations of consumer rights, unfair trade practices, or false or misleading advertisements, either upon a complaint or upon a reference from the Central Authority or Regional Commissioner, and submit an investigation report to the CCPA.

  • Localized Administrative Inquiry Jurisdiction: Empowers the District Collector under Section 16(1) to inquire into or investigate consumer violations occurring within the local limits of the district, mobilizing district revenue and executive machinery.
  • Trigger by Complaint or Regulatory Reference: Inquiries may be initiated either upon receiving a complaint from an aggrieved consumer or upon receiving an official reference from the Central Authority or Regional Commissioner.
  • Evidentiary Reporting Duty to Central Authority: Mandates that upon completion of the inquiry or investigation, the District Collector shall submit a detailed report to the Central Authority or the Regional Commissioner for regulatory action under Sections 20, 21, or 22.
Key Landmark Precedents:
  • State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534: The Supreme Court recognized the wide administrative reach of the District Collector in coordinating local law enforcement and regulatory inquiries in the public interest.
  • M.P. Industries Ltd. v. Union of India (1966) 1 SCR 466: The Supreme Court held that administrative authorities entrusted with inquiry and reporting functions must record reasoned findings based on objective material and afford affected parties a fair opportunity to explain adverse facts.
Courtroom Practice & Strategic Litigation Guidance:

If a District Collector initiates an inquiry against an enterprise under Section 16, participate promptly with documented defenses. Confirm whether the Collector was formally referenced by the CCPA or received a valid complaint. Crucially, if the Collector purports to pass coercive recall orders or impose financial penalties directly, object immediately: the Collector's statutory role under Section 16 is confined strictly to inquiry and reporting; the adjudicatory power to penalize lies exclusively with the CCPA.

Section 15 All 107 Sections of Consumer Protection Act Section 17