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The Consumer Protection Act, 1986 |
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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) CHAPTER
I - PRELIMINARY CHAPTER
II - CONSUMER PROTECTION COUNCILS CHAPTER III - CONSUMER
DISPUTES REDRESSAL AGENCIES CHAPTER
IV - MISCELLANEOUS |
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CHAPTER I - PRELIMINARY |
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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 CONSUMER DISPUTES
REDRESSAL AGENCIES CHAPTER I 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 (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— (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 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. |
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CHAPTER II - CONSUMER PROTECTION
COUNCILS |
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CHAPTER II 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 (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 (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. |
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CHAPTER III - CONSUMER DISPUTES
REDRESSAL AGENCIES |
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CHAPTER III 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 (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 (b)
the Secretary in the Department of Legal Affairs
— Member;
in the Government of (c)
Secretary of the Department dealing with
consumer — Member.; affairs
in the Government of (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 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 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. |
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CHAPTER IV - MISCELLANEOUS |
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CHAPTER IV 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. |