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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Consumer Protection

Which statement about the National Commission's procedure and powers is correct under the Consumer Protection Act, 2019?

The National Commission applies the complaint provisions of sections 35 to 39 with such modifications as it considers necessary, and it can also declare any contract term unfair to a consumer null and void. That power is not conditional on a State Commission's earlier finding.

  1. AComplaint provisions of sections 35 to 39 apply to it with necessary modifications, and it may declare unfair contract terms null and voidCorrect
  2. BSections 35 to 39 do not apply to it, since it follows only its own regulations
  3. CIt may declare unfair terms void only after a State Commission has done so
  4. DIts power over unfair terms extends only to contracts of insurance

Explanation

Section 59(1) makes the complaint provisions of sections 35, 36, 37, 38 and 39 applicable, with such modifications as may be considered necessary. Section 59(2) separately lets it declare unfair contract terms null and void. Nothing makes this power depend on a prior State Commission finding or limits it to insurance.

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