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CONTENTS
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THE
CONSUMER PROTECTION ACT, 1986
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CHAPTER – I
PRELIMINARY
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1.
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2.
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3.
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CHAPTER – II
CONSUMER PROTECTION COUNCILS
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4.
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5.
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6.
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7.
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8.
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8A.
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CHAPTER – III
CONSUMER DISPUTES REDRESSAL AGENCIES
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9.
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10.
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11.
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12.
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13.
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14.
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15.
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16.
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17.
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17A.
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17B.
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18.
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19.
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19A.
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20.
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21.
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22.
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22A.
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22B.
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22C.
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22D.
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23.
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24.
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24A.
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24B.
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25.
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26.
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27.
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27A.
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CHAPTER – IV
MISCELLANEOUS
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28.
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28A.
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29.
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29A.
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30.
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30A.
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31.
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(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 form
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:—
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 (3 of 1930);
(j) “manufacturer” means a person who—
(i) 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
dispatches 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 dispatched 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 Registration Act, 1860 (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.
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.- (1) 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.
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 forty-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, and
(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 (5 of 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
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. Transfer of cases. - 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. Circuit Benches.-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. Hearing of Appeal - 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:
(a)
has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Central Government, involves moral
turpitude; 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
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. Power
to set aside ex parte orders. - 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. Transfer of cases - 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. Circuit Benches - 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. Vacancy in the Office of the President - 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 of the District
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.
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
as the case may be, the National Commission, 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, (2 of 1974), 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 (2 of 1974).
(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. Appeal against order passed under section
27 - (1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2
of 1974), 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.
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. Service of notice, etc. - (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 :
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. Power of the National Commission to make regulations
- (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. Rules and regulations to be laid before
each House of Parliament - (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.
