Section 18: Powers and functions of Central Authority
Consumer Protection Act • Official Statutory Text & Practice Guide
Consumer Protection Act • Official Statutory Text & Practice Guide
(1) The Central Authority shall-
(a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act;
(b) prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;
(c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder;
(d) ensure that no person takes part in the publication of any advertisement which is false or misleading.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Central Authority may, for any of the purposes aforesaid,-
(a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government;
(b) file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act;
(c) intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices;
(d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation;
(e) recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights;
(f) undertake and promote research in the field of consumer rights;
(g) spread and promote awareness on consumer rights;
(h) encourage non-Governmental organisations and other institutions working in the field of consumer rights to co-operate and work with consumer protection agencies;
(i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest;
(j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services;
(k) advise the Ministries and Departments of the Central and State Governments on consumer welfare measures;
(l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest.
Legal Commentary & Landmark Judgments: Section 18
Section 18 outlines the comprehensive statutory powers and functions of the Central Consumer Protection Authority. It endows the CCPA with an expansive public enforcement mandate to protect, promote, and enforce the rights of consumers as a class, prevent unfair trade practices, ensure that no false or misleading advertisements are published, issue safety notices, initiate class actions, and intervene in judicial and quasi-judicial proceedings.
When advising an enterprise facing CCPA regulatory action based on guidelines issued under Section 18 (such as the Guidelines for Prevention and Regulation of Dark Patterns, 2023), determine whether the impugned commercial practice actually constitutes an 'unfair trade practice' under Section 2(47). If the CCPA attempts to impose penalties merely for non-compliance with an advisory guideline without proving statutory deception or consumer injury, challenge the action as ultra vires Section 18.