The Consumer Protection
Act, 1986 (Amended)
|
After
including the amendments made vide the Consumer Protection
(Amendment) Act, 2002 [62 of 2002] which was passed by Rajya
Sabha on 11.4.2002, Lok Sabha on 30.7.2002{with some amendments}
and again by Rajya Sabha on 22.11.2002 and the President
of India gave assent on 17. 12.2002 and the notification
was issue on 18.12.2002.The provisions of the Act are being
brought into force w.e.f. 15.3.2003. Amendments are shown
in Bold, Italic & Blue in color form The Consumer Protection
Act, 1986 (68 of 1986).
CHAPTER I - PRELIMINARY
CHAPTER II - CONSUMER PROTECTION COUNCILS
CHAPTER III - CONSUMER DISPUTES REDRESSAL AGENCIES
CHAPTER IV - MISCELLANEOUS
CHAPTER I - PRELIMINARY
(After including the amendments made vide the Consumer Protection
(Amendment) Act, 2002 [62 of 2002] which was passed by Rajya
Sabha on 11.4.2002, Lok Sabha on 30.7.2002{with some amendments}
and again by Rajya Sabha on 22.11.2002 and the President
of India gave assent on 17. 12.2002 and the notification
was issue on 18.12.2002.The provisions of the Act are being
brought into force w.e.f. 15.3.2003.
The
Consumer Protection Act, 1986
( 68 of 1986)
24th December; 1986
An
Act to provide for better protection of the interests of consumers
and for that purpose to make provision for the establishment
of consumer councils and other authorities for the settlement
of consumers' disputes and for matters connected therewith.
BE
it enacted by Parliament in the Thirty-seventh Year of the
Republic of India as follows:—
PRELIMINARY
CONSUMER PROTECTION COUNCILS
CONSUMER DISPUTES REDRESSAL AGENCIES
MISCELLANEOUS
CHAPTER
I
PRELIMINARY
1. Short title, extent, commencement and application.—(1
) This Act may be called the Consumer Protection Act, 1986.
(2)
It extends to the whole of India except the State of Jammu
and Kashmir.
(3)
It shall come into force on such date as the Central Government
may, by notification, appoint and different dates may be appointed
for different States and for different provisions of this
Act.
(4)
Save as otherwise expressly provided by the Central Government
by notification, this Act shall apply to all goods and services.
2.
Definitions.—(1 ) In this Act, unless the context otherwise
requires,—
(a)
'appropriate laboratory' means a laboratory or organisation—
(i.) recognised by the Central Government;
(ii.)
recognised by a State Government, subject to such guidelines
as may be prescribed by the Central Government in this behalf;
or
(iii)
any such laboratory or organisation established by or under
any law for the time being in force, which is maintained,
financed or aided by the Central Government or a State Government
for carrying out analysis or test of any goods with a view
to determining whether such goods suffer from any defect;
(aa)
'branch office' means—
(i) any establishment described as a branch by the opposite
party; or
(ii)
any establishment carrying on either the same or substantially
the same activity as that carried on by the head office of
the establishment;
(b)
'complainant' means—
(i) a consumer; or
(ii)
any voluntary consumer association registered under the Companies
Act, 1956 (1of 1956)or under any other law for the time being
in force; or
(iii)
the Central Government or any State Government,
(iv)
one or more consumers, where there are numerous consumers
having the same interest;
(v)
in case of death of a consumer, his legal heir or representative;
who
or which makes a complaint;
(c)
'complaint' means any allegation in writing made by a complainant
that—
(i)
an unfair trade practice or a restrictive trade practice has
been adopted by any trader or service provider ;
(ii)
the goods bought by him or agreed to be bought by him; suffer
from one or more defects;
(iii)the
services hired or availed of or agreed to be hired or availed
of by him suffer from deficiency in any respect;
(iv)
a trader or service provider, as the case may be, has charged
for the goods or for the service mentioned in the complaint
a price in excess of the price –
(a)fixed
by or under any law for the time being in force
(b)displayed
on the goods or any package containing such goods ;
(c)
displayed on the price list exhibited by him by or under any
law for the time being in force;
(d)
agreed between the parties;
(v)
goods which will be hazardous to life and safety when used
or being offered for sale to the public,--
(A)
in contravention of any standards relating to safety of such
goods as required to be complied with, by or under any law
for the time being in force;
(B)
if the trader could have known with due diligence that the
goods so offered are unsafe to the public;
(vi) services which are hazardous or likely to be hazardous
to life and safety of the public when used, are being offered
by the service provider which such person could have known
with due diligence to be injurious to life and safety;”;
(d) 'consumer' means any person who—
(i)
buys any goods for a consideration which has been paid or
promised or partly paid and partly promised, or under any
system of deferred payment and includes any user of such goods
other than the person who buys such goods for consideration
paid or promised or partly paid or partly promised, or under
any system of deferred payment when such use is made with
the approval of such person, but does not include a person
who obtains such goods for resale or for any commercial purpose;
or
(ii)
hires or avails of any services for a consideration which
has been paid or promised or partly paid and partly promised,
or under any system of deferred payment and includes any beneficiary
of such services other than the person who 'hires or avails
of the services for consideration paid or promised, or partly
paid and partly promised, or under any system of deferred
payment, when such services are availed of with the approval
of the first mentioned person but does not include a person
who avails of such services for any commercial purposes;
Explanation.—For the purposes of this clause, “commercial
purpose” does not include use by a person of goods bought
and used by him and services availed by him exclusively for
the purposes of earning his livelihood by means of self-employment;
(e)
'consumer dispute' means a dispute where the person against
whom a complaint has been made, denies or disputes the allegations
contained in the complaint.
(f)
'defect' means any fault, imperfection or shortcoming in the
quality, quantity, potency, purity or standard which is required
to be maintained by or under any law for the time being in
force under any contract, express or implied or as is claimed
by the trader in any manner whatsoever in relation to any
goods;
(g)
'deficiency' means any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of performance
which is required to be maintained by or under any law for
the time being in force or has been undertaken to be performed
by a person in pursuance of a contract or otherwise in relation
to any service;
(h)
'District Forum' means a Consumer Disputes Redressal Forum
established under clause (a) of section 9;
(i.)
'goods' means goods as defined in the Sale of Goods Act, 1930;
(j) “manufacturer” means a person who— makes
or manufactures any goods or part thereof; or
(ii) does not make or manufacture any goods but assembles
parts thereof made or manufactured by others; or
(iii) puts or causes to be put his own mark on any goods made
or manufactured by any other manufacturer;
Explanation.—Where
a manufacturer despatches any goods or part thereof to any
branch office maintained by him, such branch office shall
not be deemed to be the manufacturer even though the parts
so despatched to it are assembled at such branch office and
are sold or distributed from such branch office;
(jj)
'member' includes the President and a member of the National
Commission or a State Commission or a District Forum, as the
case may be;
(k) 'National Commission' means the National Consumer Disputes
Redressal Commission established under clause (c) of section
9;
( l ) 'notification' means a notification published in the
Official Gazette;
(m) 'person' includes,—
(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co-operative society;
(iv) every other association of persons whether registered
under the Societies R(21 of 1860) or not;
(n) 'prescribed' means prescribed by rules made by the State
Government, or as the case may be, by the Central Government
under this Act;
(nn) “regulation” means the regulations made by
the National Commission under this Act;
(nnn) “restrictive trade practice” means a trade
practice which tends to bring about manipulation of price
or conditions of delivery or to affect flow of supplies in
the market relating to goods or services in such a manner
as to impose on the consumers unjustified costs or restrictions
and shall include—
(a) delay beyond the period agreed to by a trader in supply
of such goods or in providing the services which has led or
is likely to lead to rise in the price;
(b) any trade practice which requires a consumer to buy, hire
or avail of any goods or, as the case may be, services as
condition precedent to buying, hiring or availing of other
goods or services;
(o) 'service' means service of any description which is made
available to potential users and includes, but not limited
to, the provision of facilities in connection with banking,
financing insurance, transport, processing, supply of electrical
or other energy, board or lodging or both, housing construction,
entertainment, amusement or the purveying of news or other
information, but does not include the rendering of any service
free of charge or under a contract of personal service;
(oo)
“spurious goods and services” mean such goods
and services which are claimed to be genuine but they are
actually not so;
(p)
'State Commission' means a Consumer Disputes Redressal Commission
established in a State under clause (b) of section 9;
(q) 'trader' in relation to any goods means a person who sells
or distributes any goods for sale and includes the manufacturer
thereof, and where such goods are sold or distributed in package
form, includes the packer thereof;
(r) 'unfair trade practice' means a trade practice which,
for the purpose of promoting the sale, use or supply of any
goods or for the provision of any service, adopts any unfair
method or unfair or deceptive practice including any of the
following practices, namely;—
(1) the practice of making any statement, whether orally or
in writing or by visible representation which,—
(i) falsely represents that the goods are of a particular
standard, quality, quantity, grade, composition, style or
model;
(ii) falsely represents that the services are of a particular
standard, quality or grade;
(iii) falsely represents any re-built, second-hand, renovated,
reconditioned or old goods as new goods;
(iv) represents that the goods or services have sponsorship,
approval, performance, characteristics, accessories, uses
or benefits which such goods or services do not have;
(v) represents that the seller or the supplier has a sponsorship
or approval or affiliation which such seller or supplier does
not have;
(vi) makes a false or misleading representation concerning
the need for, or the usefulness of, any goods or services;
(vii) gives to the public any warranty or guarantee of the
performance, efficacy or length of life of a product or of
any goods that is not based on an adequate or proper test
thereof;
Provided that where a defence is raised to the effect that
such warranty or guarantee is based on adequate or proper
test, the burden of proof of such defence shall lie on the
person raising such defence;
(viii)makes to the public a representation in a form that
purports to be—
(i) a warranty or guarantee of a product or of any goods or
services; or
(ii) a promise to replace, maintain or repair an article or
any part thereof or to repeat or continue a service until
it has achieved a specified result, if such purported warranty
or guarantee or promise is materially misleading or if there
is no reasonable prospect that such warranty, guarantee or
promise will be carried out;
(ix) materially misleads the public concerning the price at
which a product or like products or goods or services, have
been or are, ordinarily sold or provided, and, for this purpose,
a representation as to price shall be deemed to refer to the
price at which the product or goods or services has or have
been sold by sellers or provided by suppliers generally in
the relevant market unless it is clearly specified to be the
price at which the product has been sold or services have
been provided by the person by whom or on whose behalf the
representation is made;
(x) gives false or misleading facts disparaging the goods,
services or trade of another person.
Explanation.—For
the purposes of clause (1), a statement that is—
(a)
expressed on an article offered or displayed for sale, or
on its wrapper or container; or
(b) expressed on anything attached to, inserted in, or accompanying,
an article offered or displayed for sale, or on anything on
which the article is mounted for display or sale; or
(c) contained in or on anything that is sold, sent, delivered,
transmitted or in any other manner whatsoever made available
to a member of the public,
shall
be deemed to be a statement made to the public by, and only
by, the person who had caused the statement to be so expressed,
made or contained;
(2) permits the publication of any advertisement whether in
any newspaper or otherwise, for the sale or supply at a bargain
price, of goods or services that are not intended to be offered
for sale or supply at the bargain price, or for a period that
is, and in quantities that are, reasonable, having regard
to the nature of the market in which the business is carried
on, the nature and size of business, and the nature of the
advertisement.
Explanation .—For the purpose of clause (2), 'bargaining
price' means—
(a) a price that is stated in any advertisement to be a bargain
price, by reference to an ordinary price or otherwise, or
(b) a price that a person who reads, hears or sees the advertisement,
would reasonably understand to be a bargain price having regard
to the prices at which the product advertised or like products
are ordinarily sold;
(3)
permits—
(a) the offering of gifts, prizes or other items with the
intention of not providing them as offered or creating impression
that something is being given or offered free of charge when
it is fully or partly covered by the amount charged in the
transaction as a whole;
(b) the conduct of any contest, lottery, game of chance or
skill, for the purpose of promoting, directly or indirectly,
the sale, use or supply of any product or any business interest;
(3A)
withholding from the participants of any scheme offering gifts,
prizes or other items free of charge, on its closure the information
about final results of the scheme. Explanation.—For
the purposes of this sub-clause, the participants of a scheme
shall be deemed to have been informed of the final results
of the scheme where such results are within a reasonable time,
published, prominently in the same newspapers in which the
scheme was originally advertised;
(4) permits the sale or supply of goods intended to be used,
or are of a kind likely to be used, by consumers, knowing
or having reason to believe that the goods do not comply with
the standards prescribed by competent authority relating to
performance, composition, contents, design, constructions,
finishing or packaging as are necessary to prevent or reduce
the risk of injury to the person using the goods;
(5) permits the hoarding or destruction of goods, or refuses
to sell the goods or to make them available for sale or to
provide any service, if such hoarding or destruction or refusal
raises or tends to raise or is intended to raise, the cost
of those or other similar goods or services.
(6) manufacture of spurious goods or offering such goods for
sale or adopts deceptive practices in the provision of services.
(2) Any reference in this Act to any other Act or provision
thereof which is not in force in any area to which this Act
applies shall be construed to have a reference to the corresponding
Act or provision thereof in force in such area.
3. Act not in derogation of any other law.—The provisions
of this Act shall be in addition to and not in derogation
of the provisions of any other law for the time being in force.
CHAPTER II - CONSUMER PROTECTION COUNCILS
CONSUMER PROTECTION COUNCILS
4.
The Central Consumer Protection Council.—(1) The Central
Government shall, by notification, establish with effect from
such date as it may specify in such notification, a Council
to be known as the Central Consumer Protection Council (hereinafter
referred to as the Central Council).
(2)
The Central Council shall consist of the following members,
namely:—
(a) the Minister in charge of the consumer affairs in the
Central Government, who shall be its Chairman, and
(b) such number of other official or non-official members
representing such interests as may be prescribed.
5.
Procedure for meetings of the Central Council.—(1) The
Central Council shall meet as and when necessary, but at least
one meeting of the Council shall be held every year.
(2)
The Central Council shall meet at such time and place as the
Chairman may think fit and shall observe such procedure in
regard to the transaction of its business as may be prescribed.
6.
Objects of the Central Council.—The objects of the Central
Council shall be to promote and protect the rights of the
consumers such as,—
(a)
the right to be protected against the marketing of goods and
services which are hazardous to life and property;
(b) the right to be informed about the quality, quantity,
potency, purity, standard and price of goods or services,
as the case may be so as to protect the consumer against unfair
trade practices;
(c) the right to be assured, wherever possible, access to
a variety of goods and services at competitive prices;
(d) the right to be heard and to be assured that consumer's
interests will receive due consideration at appropriate forums;
(e) the right to seek redressal against unfair trade practices
or restrictive trade practices or unscrupulous exploitation
of consumers; and
(f) the right to consumer education.
7.
The State Consumer Protection Councils.--( l ) The State Government
shall, by notification, establish with effect from such date
as it may specify in such notification, a Council to be known
as the Consumer Protection Council for.....................
(hereinafter referred to as the State Council).
(2)
The State Council shall consist of the following members,
namely:—
(a) the Minister incharge of consumer affairs in the State
Government who shall be its Chairman;
(b) such number of other official or non-official members
representing such interests as may be prescribed by the State
Government.
(c) such number of other official or non-official members,
not exceeding ten, as may be nominated by the Central Government.
(3) The State Council shall meet as and when necessary but
not less than two meetings shall be held every year.
(4)
The State Council shall meet at such time and place as the
Chairman may think fit and shall observe such procedure in
regard to the transaction of its business as may be prescribed
by the State Government.
8.
Objects of the State Council.—The objects of every State
Council shall be to promote and protect within the State the
rights of the consumers laid down in clauses (a) to (f) of
section 6.
8A.
(1) The State Government shall establish for every district,
by notification, a council to be known as the District Consumer
Protection Council with effect from such date as it may specify
in such notification.
(2) The District Consumer Protection Council (hereinafter
referred to as the District Council) shall consist of the
following members, namely:—
(a) the Collector of the district (by whatever name called),
who shall be its Chairman; and
(b) such number of other official and non-official members
representing such interests as may be prescribed by the State
Government.
(3) The District Council shall meet as and when necessary
but not less than two meetings shall be held every year.
(4) The District Council shall meet at such time and place
within the district as the Chairman may think fit and shall
observe such procedure in regard to the transaction of its
business as may be prescribed by the State Government.
8B.
The objects of every District Council shall be to promote
and protect within the district the rights of the consumers
laid down in clauses (a) to (f) of section 6.
CHAPTER III - CONSUMER DISPUTES REDRESSAL AGENCIES
CONSUMER DISPUTES REDRESSAL AGENCIES
9.
Establishment of Consumer Disputes Redressal Agencies. There
shall be established for the purposes of this Act, the following
agencies, namely:—
(a) a Consumer Disputes Redressal Forum to be known as the
'District Forum' established by the State Government in each
district of the State by notification:
Provided
that the State Government may, if it deems fit, establish
more than one District Forum in a district.
(b) a Consumer Disputes Redressal Commission to be known as
the 'State Commission' established by the State Government
in the State by notification; and
(c) a National Consumer Disputes Redressal Commission established
by the Central Government by notification.
10.
Composition of the District Forum.—(1) Each District
Forum shall consist of,—
(a)
a person who is, or has been, or is qualified to be a District
Judge, who shall be its President;
(b)
two other members, one of whom shall be a woman, who shall
have the following qualifications, namely:—
(i) be not less than thirty-five years of age,
(ii) possess a bachelor's degree from a recognised university,
(iii) be persons of ability, integrity and standing, and have
adequate knowledge and experience of at least ten years in
dealing with problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration:
Provided that a person shall be disqualified for appointment
as a member if he—
(a) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the state Government involves
moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent
court; or
(d) has been removed or dismissed from the service of the
Government or a body corporate owned or controlled by the
Government; or
(e) has, in the opinion of the state Government, such financial
or other interest as is likely to affect prejudicially the
discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed
by the State Government;
(1A) Every appointment under sub-section (I) shall be made
by the State Government on the recommendation of a selection
committee consisting of the following, namely:—
(i)
the President of the State Commission —Chairman.
(ii) Secretary, Law Department of the State —Member.
(iii) Secretary incharge of the Department dealing with
consumer affairs in the State —Member.
Provided that where the President of the State Commission
is, by reason of absence or otherwise, unable to act as Chairman
of the Selection Committee, the State Government may refer
the matter to the Chief Justice of the High Court for nominating
a sitting Judge of that High Court to act as Chairman.
(2)
Every member of the District Forum shall hold office for a
term of five years or up to the age of sixty-five years, whichever
is earlier:
Provided that a member shall be eligible for re-appointment
for another term of five years or up to the age of sixty-five
years, whichever is earlier, subject to the condition that
he fulfills the qualifications and other conditions for appointment
mentioned in clause (b) of sub-section (1) and such re-appointment
is also made on the basis of the recommendation of the Selection
Committee:
Provided further that a member may resign his office in writing
under his hand addressed to the State Government and on such
resignation being accepted, his office shall become vacant
and may be filled by appointment of a person possessing any
of the qualifications mentioned in sub-section (1) in relation
to the category of the member who is required to be appointed
under the provisions of sub-section (1A) in place of the person
who has resigned:
Provided
also that a person appointed as the President or as a member,
before the commencement of the Consumer Protection (Amendment)
Act, 2002, shall continue to hold such office as President
or member, as the case may be, till the completion of his
term.
(3)
The salary or honorarium and other allowances payable to,
and the other terms and conditions of service of the members
of the District Forum shall be such as may be prescribed by
the State Government.
Provided
that the appointment of a member on whole-time basis shall
be made by the State Government on the recommendation of the
President of the State Commission taking into consideration
such factors as may be prescribed including the work load
of the District Forum.
11.
Jurisdiction of the District Forum.—(1) Subject to the
other provisions of this Act, the District Forum shall have
jurisdiction to entertain complaints where the value of the
goods or services and the compensation, if any, claimed ''does
not exceed rupees twenty lakhs.
(2)
A complaint shall be instituted in a District Forum within
the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where
there are more than one, at the time of the institution of
the complaint, actually and voluntarily resides or carries
on business or has a branch office or personally works for
gain, or
(b) any of the opposite parties, where there are more than
one, at the time of the institution of the complaint, actually
and voluntarily resides, or carries on business or has a branch
office, or personally works for gain, provided that in such
case either the permission of the District Forum is given,
or the opposite parties who do not reside, or carry on business
or have a branch office, or personally work for gain, as the
case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
12.
Manner in which complaint shall be made.—(1) A complaint
in relation to any goods sold or delivered or agreed to be
sold or delivered or any service provided or agreed to be
provided may be filed with a District Forum by –
(a) the consumer to whom such goods are sold or delivered
or agreed to be sold or delivered or such service provided
or agreed to be provided;
(b) any recognised consumer association whether the consumer
to whom the goods sold or delivered or agreed to be sold or
delivered or service provided or agreed to be provided is
a member of such association or not;
(c) one or more consumers, where there are numerous consumers
having the same interest, with the permission of the District
Forum, on behalf of, or for the benefit of, all consumers
so interested; or
(d) the Central Government or the State Government, as the
case may be, either in its individual capacity or as a representative
of interests of the consumers in general.
(2)
Every complaint filed under sub-section (1) shall be accompanied
with such amount of fee and payable in such manner as may
be prescribed.
(3)
On receipt of a complaint made under sub-section (1), the
District Forum may, by order, allow the complaint to be proceeded
with or rejected:
Provided
that a complaint shall not be rejected under this section
unless an opportunity of being heard has been given to the
complainant:
Provided
further that the admissibility of the complaint shall ordinarily
be decided within twenty-one days from the date on which the
complaint was received.
(4)
Where a complaint is allowed to be proceeded with under sub-section
(3), the District Forum may proceed with the complaint in
the manner provided under this Act:
Provided
that where a complaint has been admitted by the District Forum,
it shall not be transferred to any other court or tribunal
or any authority set up by or under any other law for the
time being in force.
Explanation.-
For the purpose of this section “recognised consumer
association” means any voluntary consumer association
registered under the Companies Act, 1956 or any other law
for the time being in force”.
13. Procedure on admission of complaint.—(1) The District
Forum shall, on admission of a complaint, if it relates to
any goods,—
(a) refer a copy of the admitted complaint, within twenty-one
days from the date of its admission to the opposite party
mentioned in the complaint directing him to give his version
of the case within a period of thirty days or such extended
period not exceeding fifteen days as may be granted by the
District Forum;
(b) where the opposite party on receipt of a complaint referred
to him under clause (a) denies or disputes the allegations
contained in the complaint, or omits or fails to take any
action to represent his case within the time given by the
District Forum, the District Forum shall proceed to settle
the consumer dispute in the manner specified in clauses (c)
to (g);
(c) where the complaint alleges a defect in the goods which
cannot be determined without proper analysis or test of the
goods, the District Forum shall obtain a sample of the goods
from the complainant, seal it and authenticate it in the manner
prescribed and refer the sample so sealed to the appropriate
laboratory along with a direction that such laboratory make
an analysis or test, whichever may be necessary, with a view
to finding out whether such goods suffer from any defect alleged
in the complaint or from any other defect and to report its
findings thereon to the District Forum within a period of
fifty-five days of the receipt of the reference or within
such extended period as may be granted by the District Forum;
(d) before any sample of the goods is referred to any appropriate
laboratory under clause (c), the District Forum may require
the complainant to deposit to the credit of the Forum such
fees as may be specified, for payment to the appropriate laboratory
for carrying out the necessary analysis or test in relation
to the goods in question;
(e) the District Forum shall remit the amount deposited to
its credit under clause (d) to the appropriate laboratory
to enable it to carry out the analysis or test mentioned in
clause (c) and on receipt of the report from the appropriate
laboratory, the District Forum shall forward a copy of the
report along with such remarks as the District Forum may feel
appropriate to the opposite party;
(f) if any of the parties disputes the correctness of the
findings of the appropriate laboratory, or disputes the correctness
of the methods of analysis or test adopted by the appropriate
laboratory, the District Forum shall require the opposite
party or the complainant to submit in writing his objections
in regard to the report made by the appropriate laboratory;
(g) the District Forum shall thereafter give a reasonable
opportunity to the complainant as well as the opposite party
of being heard as to the correctness or otherwise of the report
made by the appropriate laboratory and also as to the objection
made in relation thereto under clause (/) and issue an appropriate
order under section 14.
(2)
the District Forum shall, if the complaint admitted by it
under section 12 relates to goods in respect of which the
procedure specified in sub-section (1) cannot be followed,
or if the complaint relates to any services,—
(a) refer a copy of such complaint to the opposite party directing
him to give his version of the case within a period of thirty
days or such extended period not exceeding fifteen days as
may be granted by the District Forum;
(b) where the opposite party, on receipt of a copy of the
complaint, referred to him under clause (a) denies or disputes
the allegations contained in the complaint, or omits or fails
to take any action to represent his case within the time given
by the District Forum, the District Forum shall proceed to
settle the consumer dispute,—
(i) on the basis of evidence brought to its notice by the
complainant and the opposite party, where the opposite party
denies or disputes the allegations contained in the complaint,
or
(ii) ex parte on the basis of evidence brought to its notice
by the complainant where the opposite party omits or fails
to take any action to represent his case within the time given
by the Forum.
(c) where the complainant fails to appear on the date of hearing
before the District Forum, the District Forum may either dismiss
the complaint for default or decide it on merits.
(3)
No proceedings complying with the procedure laid down in subsections
(1 ) and (2) shall be called in question in any court on the
ground that the principles of natural justice have not been
complied with.
(3A)
Every complaint shall be heard as expeditiously as possible
and endeavour shall be made to decide the complaint within
a period of three months from the date of receipt of notice
by opposite party where the complaint does not require analysis
or testing of commodities and within five months if it requires
analysis or testing of commodities:
Provided that no adjournment shall be ordinarily granted by
the District Forum unless sufficient cause is shown and the
reasons for grant of adjournment have been recorded in writing
by the Forum:
Provided further that the District Forum shall make such orders
as to the costs occasioned by the adjournment as may be provided
in the regulations made under this Act.
Provided also that in the event of a complaint being disposed
of after the period so specified, the District Forum shall
record in writing, the reasons for the same at the time of
disposing of the said complaint.
(3B)
Where during the pendency of any proceeding before the District
Forum, it appears to it necessary, it may pass such interim
order as is just and proper in the facts and circumstances
of the case.
(4)
For the purposes of this section, the District Forum shall
have the same powers as are vested in a civil court under
Code of Civil Procedure, 1908 while trying a suit in respect
of the following matters, namely:—
(i) the summoning and enforcing the attendance of any defendant
or witness and examining the witness on oath;
(ii) the discovery and production of any document or other
material object producible as evidence;
(iii) the reception of evidence on affidavits;
(iv) the requisitioning of the report of the concerned analysis
or test from the appropriate laboratory or from any other
relevant source;
(v) issuing of any commission for the examination of any witness,
an
(vi) any other matter which may be prescribed.
(5)
Every proceeding before the District Forum shall be deemed
to be a judicial proceeding within the meaning of sections
193 and 228 of the Indian Code (45 of 1860), and the District
Forum shall be deemed to be a civil court for the purposes
of section 195, and Chapter XXVI of the Code of Criminal Procedure,
1973 (2 of 1974).
(6)
Where the complainant is a consumer referred to in sub-clause
(iv) of clause (b) of sub-section (1) of section 2, the provisions
of rule 8 of Order I of the First Schedule to the Code of
Civil Procedure, 1908 (5 of 1908) shall apply subject to the
modification that every reference therein to a suit or decree
shall be construed as a reference to a complaint or the order
of the District Forum thereon.
(7)
In the event of death of a complainant who is a consumer or
of the opposite party against whom the complaint has been
filed, the provisions of Order XXII of the First Schedule
to the Code of Civil Procedure, 1908 shall apply subject to
the modification that every reference therein to the plaintiff
and the defendant shall be construed as reference to a complainant
or the opposite party, as the case may be.
14.
Finding of the District Forum.—(1) If, after the proceeding
conducted under section 13, the District Forum is satisfied
that the goods complained against suffer from any of the defects
specified in the complaint or that any of the allegations
contained in the complaint about the services are proved,
it shall issue an order to the opposite party directing him
to do one or more of the following things, namely:—
(a) to remove the defect pointed out by the appropriate laboratory
from the goods in question;
(b) to replace the goods with new goods of similar description
which shall be free from any defect;
(c) to return to the complainant the price, or, as the case
may be, the charges paid by the complainant;
(d) to pay such amount as may be awarded by it as compensation
to the consumer for any loss or injury suffered by the consumer
due to the negligence of the opposite party.
Provided that the District Forum shall have the power to grant
punitive damages in such circumstances as it deems fit;
(e) to remove the defects in goods or deficiencies in the
services in question;
(f) to discontinue the unfair trade practice or the restrictive
trade practice or not to repeat it;
(g) not to offer the hazardous goods for sale;
(h) to withdraw the hazardous goods from being offered for
sale;
(ha) to cease manufacture of hazardous goods and to desist
from offering services which are hazardous in nature;
(hb) to pay such sum as may be determined by it if it is of
the opinion that loss or injury has been suffered by a large
number of consumers who are not identifiable conveniently:
Provided that the minimum amount of sum so payable shall not
be less than five per cent. of the value of such defective
goods sold or service provided, as the case may be, to such
consumers:
Provided further that the amount so obtained shall be credited
in favour of such person and utilized in such manner as may
be prescribed;
(hc) to issue corrective advertisement to neutralize the effect
of misleading advertisement at the cost of the opposite party
responsible for issuing such misleading advertisement;
(i) to provide for adequate costs to parties.
(2)
Every proceeding referred to in sub-section (1) shall be conducted
by the President of the District Forum and at least one member
thereof sitting together:
Provided
that where a member, for any reason, is unable to conduct
a proceeding till it is completed, the President and the other
member shall continue the proceeding from the stage at which
it was last heard by the previous member.
(2A)
Every order made by the District Forum under sub-section (1)
shall be signed by its President and the member or members
who conducted the proceeding:
Provided
that where the proceeding is conducted by the President and
one member and they differ on any point or points, they shall
state the point or points on which they differ and refer the
same to the other member for hearing on such point or points
and the opinion of the majority shall be the order of the
District Forum.
(3)
Subject to the foregoing provisions, the procedure relating
to the conduct of the meetings of the District Forum, its
sittings and other matters shall be such as may be prescribed
by the State Government.
15.
Appeal.—Any person aggrieved by an order made by the
District Forum may prefer an appeal against such order to
the State Commission within a period of thirty days from the
date of the order, in such form and manner as may be prescribed:
Provided
that the State Commission may entertain an appeal after the
expiry of the said period of thirty days if it is satisfied
that there was sufficient cause for not finding it within
that period.
Provided
further that no appeal by a person, who is required to pay
any amount in terms of an order of the District Forum, shall
be entertained by the State Commission unless the appellant
has deposited in the prescribed manner fifty per cent. of
that amount or twenty-five thousand rupees, whichever is less:
16.
Composition of the State Commission.—(1) Each State
Commission shall consist of—
(a)
a person who is or has been a Judge of a High Court, appointed
by the State Government, who shall be its President:
Provided
that no appointment under this clause shall be made except
after consultation with the Chief Justice of the High Court;
(b) not less than two, and not more than such number of members,
as may be prescribed, and one of whom shall be a woman, who
shall have the following qualifications, namely:—
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised university;
and
(iii) be persons of ability, integrity and standing, and have
adequate knowledge and experience of at least ten years in
dealing with problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration:
Provided that not more than fifty per cent. of the members
shall be from amongst persons having a judicial background.
Explanation.—For the purposes of this clause, the expression
'persons having judicial background'' shall mean persons having
knowledge and experience for at least a period of ten years
as a presiding officer at the district level court or any
tribunal at equivalent level:
Provided further that a person shall be disqualified for appointment
as a member if he—
(a) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the State Government, involves
moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent
court; or
(d) has been removed or dismissed from the service of the
Government or a body corporate owned or controlled by the
Government; or
(e) has, in the opinion of the State Government, such financial
or other interest, as is likely to affect prejudicially the
discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed
by the State Government.
(1A) Every appointment under sub-section (1) shall be made
by the State Government on the recommendation of a Selection
Committee consisting of the following members, namely:—
(i) President of the State Commission........... Chairman;
(ii) Secretary of the Law Department of the State Member;
(iii) Secretary incharge of the Department dealing
with Consumer Affairs in the State............... Member:
Provided that where the President of the State Commission
is, by reason of absence or otherwise, unable to act as Chairman
of the Selection Committee, the State Government may refer
the matter to the Chief Justice of the High Court for nominating
a sitting Judge of that High Court to act as Chairman.
(1B) (i) The jurisdiction, powers and authority of the State
Commission may be exercised by Benches thereof.
(ii) A Bench may be constituted by the President with one
or more members as the President may deem fit.
(iii) If the members of a Bench differ in opinion on any point,
the points shall be decided according to the opinion of the
majority, if there is a majority, but if the Members are equally
divided, they shall state the point or points on which they
differ, and make a reference to the President who shall either
hear the point or points himself or refer the case for hearing
on such point or points by one or more or the other members
and such point or points shall be decided according to the
opinion of the majority of the members who have heard the
case, including those who first heard it.
(2) The salary or honorarium and other allowances payable
to, and the other terms and conditions of service of, the
members of the State Commission shall be such as may be prescribed
by the State Government.
Provided that the appointment of a member on whole-time basis
shall be made by the State Government on the recommendation
of the President of the State Commission taking into consideration
such factors as may be prescribed including the work load
of the State Commission.
(3) Every member of the State Commission shall hold office
for a term of five years or up to the age of sixty-seven years,
whichever is earlier:
Provided that a member shall be eligible for re-appointment
for another term of five years or up to the age of sixty-seven
years, whichever is earlier, subject to the condition that
he fulfills the qualifications and other conditions for appointment
mentioned in clause (b) of sub-section (1) and such re-appointment
is made on the basis of the recommendation of the Selection
Committee:
Provided further that a person appointed as a President of
the State Commission shall also be eligible for re-appointment
in the manner provided in clause (a) of sub-section (1) of
this section:
Provided also that a member may resign his office in writing
under his hand addressed to the State Government and on such
resignation being accepted, his office shall become vacant
and may be filled by appointment of a person possessing any
of the qualifications mentioned in sub-section (1) in relation
to the category of the member who is required to be appointed
under the provisions of sub-section (1A) in place of the person
who has resigned.
(4) Notwithstanding anything contained in sub-section (3),
a person appointed as the President or as a member, before
the commencement of the Consumer Protection (Amendment) Act,
2002, shall continue to hold such office as President or member,
as the case may be, till the completion of his term.
17.
Jurisdiction of the State Commission.—(1) Subject to
the other provisions of this Act, the State Commission shall
have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services and
compensation, if any, claimed exceeds rupees twenty lakhs
but does not exceed rupees one crore; and
(ii) appeals against the orders of any District Forum within
the State; and
(b) to call for the records and pass appropriate orders in
any consumer dispute which is pending before or has been decided
by any District Forum within the State, where it appears to
the State Commission that such District Forum has exercised
a jurisdiction not vested in it by law, or has failed to exercise
a jurisdiction so vested or has acted in exercise of its jurisdiction
illegally or with material irregularity.
(2)
A complaint shall be instituted in a State Commission within
the limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where
there are more than one, at the time of the institution of
the complaint, actually and voluntarily resides or carries
on business or has a branch office or personally works for
gain; or
(b) any of the opposite parties, where there are more than
one, at the time of the institution of the complaint, actually
and voluntarily resides, or carries on business or has a branch
office or personally works for gain, provided that in such
case either the permission of the State Commission is given
or the opposite parties who do not reside or carry on business
or have a branch office or personally work for gain, as the
case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
17A.
On the application of the complainant or of its own motion,
the State Commission may, at any stage of the proceeding,
transfer any complaint pending before the District Forum to
another District Forum within the State if the interest of
justice so requires.
17B. The State Commission shall ordinarily function in the
State Capital but may perform its functions at such other
place as the State Government may, in consultation with the
State Commission, notify in the Official Gazette, from time
to time.
18.
Procedure applicable to State Commissions.—The provisions
of Sections 12, 13 and 14 and the rules made thereunder for
the disposal of complaints by the District Forum shall, with
such modifications as may be necessary, be applicable to the
disposal of disputes by the State Commission.
(18A.
Omitted )
l9.
Appeals.—Any person aggrieved by an order made by the
State Commission in exercise of its powers conferred by sub-clause
(i) of clause (a) of section 17 may prefer an appeal against
such order to the National Commission within a period of thirty
days from the date of the order in such form and manner as
may be prescribed:
Provided
that the National Commission may entertain an appeal after
the expiry of the said period of thirty days if it is satisfied
that there was sufficient cause for not filing it within that
period.
Provided
further that no appeal by a person, who is required to pay
any amount in terms of an order of the State Commission, shall
be entertained by the National Commission unless the appellant
has deposited in the prescribed manner fifty per cent. of
the amount or rupees thirty-five thousand, whichever is less:
19A.
An appeal filed before the State Commission or the National
Commission shall be heard as expeditiously as possible and
an endeavour shall be made to finally dispose of the appeal
within a period of ninety days from the date of its admission:
Provided that no adjournment shall be ordinarily granted by
the State Commission or the National Commission, as the case
may be, unless sufficient cause is shown and the reasons for
grant of adjournment have been recorded in writing by such
Commission:
Provided further that the State Commission or the National
Commission, as the case may be, shall make such orders as
to the costs occasioned by the adjournment as may be provided
in the regulations made under this Act.
Provided
also that in the event of an appeal being disposed of after
the period so specified, the State Commission or, the National
Commission, as the case may be, shall record in writing the
reasons for the same at the time of disposing of the said
appeal.
20.
Composition of the National Commission.—(1) The National
Commission shall consist of—
(a) a person who is or has been a Judge of the Supreme Court,
to be appointed by the Central Government, who shall be its
President;
Provided
that no appointment under this clause shall be made except
after consultation with the Chief Justice of India;
(b)
not less than four, and not more than such number of members,
as may be prescribed, and one of whom shall be a woman, who
shall have the following qualifications, namely:—
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised university;
and
(iii) be persons of ability, integrity and standing and have
adequate knowledge and experience of at least ten years in
dealing with problems relating to economics, law, commerce,
accountancy, industry, public affairs or administration:
Provided that not more than fifty per cent. of the members
shall be from amongst the persons having a judicial background.
Explanation.—For the purposes of this clause, the expression
'persons having judicial background'' shall mean persons having
knowledge and experience for at least a period of ten years
as a presiding officer at the district level court or any
tribunal at equivalent level:
Provided further that a person shall be disqualified for appointment
if he—
(a) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Central Government, involves
moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent
court; or
(d) has been removed or dismissed from the service of the
Government or a body corporate owned or controlled by the
Government; or
(e) has in the opinion of the Central Government such financial
or other interest as is likely to affect prejudicially the
discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed
by the Central Government :
Provided also that every appointment under this clause shall
be made by the Central Government on the recommendation of
a selection committee consisting of the following, namely:—
(a) a person who is a Judge of the Supreme Court, —
Chairman;
to be nominated by the Chief Justice of India
(b) the Secretary in the Department of Legal Affairs —
Member;
in the Government of India
(c) Secretary of the Department dealing with consumer —
Member.;
affairs in the Government of India
(1A)
(i) The jurisdiction, powers and authority of the National
Commission may be exercised by Benches thereof.
(ii) A Bench may be constituted by the President with one
or more members as the President may deem fit.
(iii) if the Members of a Bench differ in opinion on any point,
the points shall be decided according to the opinion of the
majority, if there is a majority, but if the members are equally
divided, they shall state the point or points on which they
differ, and make a reference to the President who shall either
hear the point or points himself or refer the case for hearing
on such point or points by one or more or the other Members
and such point or points shall be decided according to the
opinion of the majority of the Members who have heard the
case, including those who first heard it.
(2)
The salary or honorarium and other allowances payable to and
the other terms and conditions of service of the members of
the National Commission shall be such as may be prescribed
by the Central Government.
(3)
Every member of the National Commission shall hold office
for a term of five years or up to the age of seventy years,
whichever is earlier:
Provided that a member shall be eligible for re-appointment
for another term of five years or up to the age of seventy
years, whichever is earlier, subject to the condition that
he fulfills the qualifications and other conditions for appointment
mentioned in clause (b) of sub-section (1) and such re-appointment
is made on the basis of the recommendation of the Selection
Committee:
Provided further that a person appointed as a President of
the National Commission shall also be eligible for re-appointment
in the manner provided in clause (a) of sub-section (1) :
Provided also that a member may resign his office in writing
under his hand addressed to the Central Government and on
such resignation being accepted, his office shall become vacant
and may be filled by appointment of a person possessing any
of the qualifications mentioned in sub-section (1) in relation
to the category of the member who is required to be appointed
under the provisions of sub-section (1A) in place of the person
who has resigned.
(4)
Notwithstanding anything contained in sub-section (3), a person
appointed as a President or as a member before the commencement
of the Consumer Protection (Amendment) Act, 2002 shall continue
to hold such office as President or member, as the case may
be, till the completion of his term.
21.
Jurisdiction of the National Commission.—Subject to
the other provisions of this Act, the National Commission
shall have jurisdiction—
(a) to entertain—
(i)
complaints where the value of the goods or services and compensation,
if any, claimed exceeds rupees one crore; and
(ii) appeals against the orders of any State Commission; and
(b)
to call for the records and pass appropriate orders in any
consumer dispute which is pending before or has been decided
by any State Commission where it appears to the National Commission
that such State Commission has exercised a jurisdiction not
vested in it by law, or has failed to exercise a jurisdiction
so vested, or has acted in the exercise of its jurisdiction
illegally or with material irregularity.
22.
Power of and procedure applicable to the National Commission.—(1)
The provisions of sections 12, 13 and 14 and the rules made
thereunder for the disposal of complaints by the District
Forum shall, with such modifications as may be considered
necessary by the Commission, be applicable to the disposal
of disputes by the National Commission.
(2)
Without prejudice to the provisions contained in sub-section
(1), the National Commission shall have the power to review
any order made by it, when there is an error apparent on the
face of record.
22A.
Where an order is passed by the National Commission ex parte
against the opposite party or a complainant, as the case may
be, the aggrieved party may apply to the Commission to set
aside the said order in the interest of justice.
22B. On the application of the complainant or of its own motion,
the National Commission may, at any stage of the proceeding,
in the interest of justice, transfer any complaint pending
before the District Forum of one State to a District Forum
of another State or before one State Commission to another
State Commission.
22C. The National Commission shall ordinarily function at
New Delhi and perform its functions at such other place as
the Central Government may, in consultation with the National
Commission, notify in the Official Gazette, from time to time.
22D. When the office of President of a District Forum, State
Commission, or of the National Commission, as the case may
be, is vacant or a person occupying such office is, by reason
of absence or otherwise, unable to perform the duties of his
office, these shall be performed by the senior-most member
of the District Forum, the State Commission or of the National
Commission, as the case may be:
Provided that where a retired Judge of a High Court is a member
of the National Commission, such member or where the number
of such members is more than one, the senior-most person among
such members, shall preside over the National Commission in
the absence of President of that Commission.
23.
Appeal.—Any person, aggrieved by an order made by the
National Commission in exercise of its powers conferred by
sub-clause (i) of clause (a) of section 21, may prefer an
appeal against such order of the Supreme Court within a period
of thirty days from the date of the order:
Provided
that the Supreme Court may entertain an appeal after the expiry
of the said period of thirty days if it is satisfied that
there was sufficient cause for not filing it within that period.
Provided
further that no appeal by a person who is required to pay
any amount in terms of an order of the National Commission
shall be entertained by the Supreme Court unless that person
has deposited in the prescribed manner fifty per cent. of
that amount or rupees fifty thousand, whichever is less.
24.
Finality of orders.—Every order of a District Forum,
the State Commission or the National Commission shall, if
no appeal has been preferred against such order under the
provisions of this Act, be final.
24A.
Limitation period.-- (l) The District Forum, the State Commission
or the National Commission shall not admit a complaint unless
it is filed within two years from the date on which the cause
of action has arisen.
(2)
Notwithstanding anything contained in sub-section (1), a complaint
may be entertained after the period specified in sub-section
(l), if the complainant satisfies the District Forum, the
State Commission or the National Commission, as the case may
be, that he had sufficient cause for not filing the complaint
within such period:
Provided
that no such complaint shall be entertained unless the National
Commission, the State Commission or the District Forum, as
the case may be, records its reasons for condoning such delay.
24B.
Administrative control.—(1) The National Commission
shall have administrative control over all the State Commissions
in the following matters, namely:—
(i) calling for periodical return regarding the institution,
disposal pendency of cases;
(ii) issuance of instructions regarding adoption of uniform
procedure in the hearing of matters, prior service of copies
of documents produced by one party to the opposite parties,
furnishing of English translation of judgments written in
any language, speedy grant of copies of documents;
(iii) generally overseeing the functioning of the State Commissions
or the District Fora to ensure that the objects and purposes
of the Act are best served without in any way interfering
with their quasi-judicial freedom.
(2)
The State Commission shall have administrative control over
all the District Fora within its jurisdiction in all matters
referred to in sub-section (1 ).
25.
Enforcement of orders by the Forum, the State Commission or
the National Commission.—(1) Where an interim order
made under this Act, is not complied with the District Forum
or the State Commission or the National Commission, as the
case may be, may order the property of the person, not complying
with such order to be attached.
(2) No attachment made under sub-section (1) shall remain
in force for more than three months at the end of which, if
the non-compliance continues, the property attached may be
sold and out of the proceeds thereof, the District Forum or
the State Commission or the National Commission may award
such damages as it thinks fit to the complainant and shall
pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order
made by a
District Forum, State Commission or the National Commission,
as the case may be,
the person entitled to the amount may make an application
to the District Forum, the State Commission or the National
Commission, as the case may be, and such District Forum or
the State Commission or the National Commission may issue
a certificate for the said amount to the Collector of the
district (by whatever name called) and the Collector shall
proceed to recover the amount in the same manner as arrears
of land revenue.
26.
Dismissal of frivolous or vexatious complaints.—Where
a complaint instituted before the District Forum, the State
Commission or the National Commission, as the case may be,
is found to be frivolous or vexatious, it shall, for reasons
to be recorded in writing, dismiss the complaint and make
an order that the complainant shall pay to the opposite party
such cost, not exceeding ten thousand rupees, as may be specified
in the order
27.
Penalties.—(1) Where a trader or a person against whom
a complaint is made or the complainant fails or omits to comply
with any order made by the District Forum, the State Commission
or the National Commission, as the case may be, such trader
or person or complainant shall be punishable with imprisonment
for a term which shall not be less than one month but which
may extend to three years, or with fine which shall not be
less than two thousands rupees but which may extend to ten
thousand rupees, or with both:
(2)
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, the District Forum or the State Commission
or the National Commission, as the case may be, shall have
the power of a Judicial Magistrate of the first class for
the trial of offences under this Act, and on such conferment
of powers, the District Forum or the State Commission or the
National Commission, as the case may be, on whom the powers
are so conferred, shall be deemed to be a Judicial Magistrate
of the first class for the purpose of the Code of Criminal
Procedure, 1973.
(3)
All offences under this Act may be tried summarily by the
District Forum or the State Commission or the National Commission,
as the case may be.
27A.
(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, an appeal under section 27, both on facts
and on law, shall lie from -
(a)
the order made by the District Forum to the State Commission
;
(b) the order made by the State Commission to the National
Commission; and
(c) the order made by the National Commission to the Supreme
Court.
(2)
Except as aforesaid, no appeal shall lie to any court from
any order of a District Forum or a State Commission or the
National Commission.
(3)
Every appeal under this section shall be preferred within
a period of thirty days from the date of an order of a District
Forum or a State Commission or, as the case may be, the National
Commission :
Provided
that the State Commission or the National Commission or the
Supreme Court, as the case may be, may entertain an appeal
after the expiry of the said period of thirty days, if, it
is satisfied that the appellant had sufficient cause for not
preferring the appeal within the period of thirty days.
CHAPTER IV - MISCELLANEOUS
CHAPTER IV
MISCELLANEOUS
28.
Protection of action taken in good faith.—No suit, prosecution
or other legal proceedings shall lie against the members of
the District Forum, the State Commission or the National Commission
or any officer or person acting under the direction of the
District Forum, the State Commission or the National Commission
for executing any order made by it or in respect of anything
which is in good faith done or intended to be done by such
member, officer or person under this Act or under any rule
or order made thereunder.
28A.
(1) All notices required by this Act to be served shall be
served in the manner hereinafter mentioned in sub-section
(2).
(2) The service of notices may be made by delivering or transmitting
a copy thereof by registered post acknowledgment due addressed
to opposite party against whom complaint is made or to the
complainant by speed post or by such courier service as are
approved by the District Forum, the State Commission or the
National Commission, as the case may be, or by any other means
of transmission of documents (including FAX message).
(3) When an acknowledgment or any other receipt purporting
to be signed
by the opposite party or his agent or by the complainant is
received by the District Forum, the State Commission or the
National Commission, as the case may be, or postal article
containing the notice is received back by such District Forum,
State Commission or the National Commission, with an endorsement
purporting to have been made by a postal employee or by any
person authorized by the courier service to the effect that
the opposite party or his agent or complainant had refused
to take delivery of the postal article containing the notice
or had refused to accept the notice by any other means specified
in sub- section (2) when tendered or transmitted to him, the
District Forum or the State Commission or the National Commission,
as the case may be, shall declare that the notice had been
duly served on the opposite party or to the complainant :
Provided that where the notice was properly addressed, pre-paid
and duly sent by registered post acknowledgment due, a declaration
referred to in this sub-section shall be made notwithstanding
the fact that the acknowledgment has been lost or mislaid,
or for any other reason, has not been received by the District
Forum, the State Commission or the National Commission, as
the case may be, within thirty days from the date of issue
of notice.
(4) All notices required to be served on an opposite party
or to complainant shall be deemed to be sufficiently served,
if addressed in the case of the opposite party to the place
where business or profession is carried and in case of complainant,
the place where such person actually and voluntarily resides.
29.
Power to remove difficulties.—(l) If any difficulty
arises in giving effect to the provisions of this Act, the
(Central Government may, by order in the official Gazette,
make such provisions not inconsistent with the provisions
of this Act as appear to it to be necessary or expedient for
removing the difficulty
Provided
that no such order shall be made after the expiry of a period
of two years from the commencement of this Act
(2)
Every order made under this section shall, as soon as may
be after it is made be laid before each House of Parliament
(3)
If any difficulty arises in giving effect to the provisions
of the Consumer Protection (Amendment) Act, 2002, the Central
Government may, by order, do anything not inconsistent with
such provisions for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry
of a period of two years from the commencement of the Consumer
Protection (Amendment) Act, 2002.
(4) Every order made under sub-section (3) shall be laid before
each House of Parliament.
29A.
Vacancies or defects in appointment not to invalidate orders.—No
act or proceeding of the District Forum, the State Commission
or the National Commission shall be invalid by reason only
of the existence of any vacancy amongst its member or any
defect in the constitution thereof.
30. Power to make rules.-- (1) The Central Government may,
by notification, make rules for carrying out the provisions
contained in clause (a) of sub-section (1) of section 2, clause
(b) of sub-section (2) of section 4, sub-section (2) of section
5, sub-section (2) of section 12, clause (vi) of sub-section
(4) of section 13, clause (hb) of sub-section (1) of section
14, section 19, clause (b) of sub-section (1) and sub-section
(2) of section 20, section 22 and section 23 of this Act.
(2) The State Government may, by notification, make rules
for carrying out the provisions contained in clause (b) of
sub-section (2) and sub-section (4) of section 7, clause (b)
of sub-section (2) and sub-section (4) of section 8A, clause
(b) of sub-section (1) and sub-section (3) of section 10,
clause (c) of sub-section (1) of section 13 clause (hb) of
sub-section (1) and sub-section (3) of section 14, section
15 and clause (b) of sub-section (1) and sub-section (2) of
section 16 of this Act.
30A. (1) The National Commission may, with the previous approval
of the Central Government, by notification, make regulations
not inconsistent with this Act to provide for all matters
for which provision is necessary or expedient for the purpose
of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such regulations may make provisions
for the cost of adjournment of any proceeding before the District
Forum, the State Commission or the National Commission, as
the case may be, which a party may be ordered to pay.
31.
Laying of rules.-- (1) Every rule and every regulation made
under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or regulation
or both Houses agree that the rule or regulation should not
be made, the rule or regulation shall thereafter have effect
only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously
done under that rule or regulation.
(2) Every rule made by a State Government under this Act shall
be laid as soon as may be after it is made, before the State
Legislature.
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