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An Act to provide for better protection of the interests of consumers
and for that purpose to make provision for the establishment of consumer
councils and other authorities for the settlement of consumers'
disputes and for matters connected therewith.
BE it enacted by Parliament in the Thirty-seventh Year of the Republic
of India as follows:
# Preliminary
# Consumer Protection Councils
# Consumer Disputes Redressal Agencies
# Miscellaneous
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.(1 ) This Act may
be called the Consumer Protection Act, 1986.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government may,
by notification, appoint and different dates may be appointed for
different States and for different provisions of this Act.
(4) Save as otherwise expressly provided by the Central Government by
notification, this Act shall apply to all goods and services.
2. Definitions. - (1) In this Act, unless the context otherwise
requires,
(a) "appropriate laboratory" means a laboratory or organisation
(i) recognised by the Central Government;
(ii) recognised by a State Government, subject to such guidelines as
may be prescribed by the Central Government in this behalf; or
(iii) any such laboratory or organisation established by or under any
law for the time being in force, which is maintained, financed or aided
by the Central Government or a State Government for carrying out
analysis or test of any goods with a view to determining whether such
goods suffer from any defect;
(aa) "branch office" means
(i) any establishment described as a branch by the opposite party; or
(ii) any establishment carrying on either the same or substantially the
same activity as that carried on by the head office of the
establishment;
(b) "complainant" means
(i) a consumer; or
(ii) any voluntary consumer association registered under the Companies
Act, 1956 (1of 1956)or under any other law for the time being in force;
or
(iii) the Central Government or any State Government,
(iv) one or more consumers, where there are numerous consumers having
the same interest;
(v) in case of death of a consumer, his legal heir or representative;
who or which makes a complaint;
(c) "complaint" means any allegation in writing made by a complainant
that
(i) an unfair trade practice or a restrictive trade practice has been
adopted by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him; suffer from
one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed
of by him suffer from deficiency in any respect;
(iv) a trader or service provider, as the case may be, has charged for
the goods or for the service mentioned in the complaint a price in
excess of the price –
(a) fixed by or under any law for the time being in force
(b) displayed on the goods or any package containing such goods ;
(c) displayed on the price list exhibited by him by or under any law for
the time being in force;
(d) agreed between the parties;
(v) goods which will be hazardous to life and safety when used or being
offered for sale to the public,--
(A) in contravention of any standards relating to safety of such goods
as required to be complied with, by or under any law for the time being
in force;
(B) if the trader could have known with due diligence that the goods so
offered are unsafe to the public;
(vi) services which are hazardous or likely to be hazardous to life and
safety of the public when used, are being offered by the service
provider which such person could have known with due diligence to be
injurious to life and safety;”;
(d) "consumer" means any person who
(i) buys any goods for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred
payment and includes any user of such goods other than the person who
buys such goods for consideration paid or promised or partly paid or
partly promised, or under any system of deferred payment when such use
is made with the approval of such person, but does not include a person
who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been
paid or promised or partly paid and partly promised, or under any
system of deferred payment and includes any beneficiary of such services
other than the person who 'hires or avails of the services for
consideration paid or promised, or partly paid and partly promised, or
under any system of deferred payment, when such services are availed of
with the approval of the first mentioned person but does not include a
person who avails of such services for any commercial purposes;
Explanation. For the purposes of this clause, “commercial purpose” does
not include use by a person of goods bought and used by him and services
availed by him exclusively for the purposes of earning his livelihood by
means of self-employment;
(e) "consumer dispute" means a dispute where the person against whom a
complaint has been made, denies or disputes the allegations contained
in the complaint.
(f) "defect" means any fault, imperfection or shortcoming in the
quality, quantity, potency, purity or standard which is required to be
maintained by or under any law for the time being in force under any
contract, express or implied or as is claimed by the trader in any
manner whatsoever in relation to any goods;
(g) "deficiency" means any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of performance which is
required to be maintained by or under any law for the time being in
force or has been undertaken to be performed by a person in pursuance of
a contract or otherwise in relation to any service;
(h) "District Forum" means a Consumer Disputes Redressal Forum
established under clause (a) of section 9;
(i) "goods" means goods as defined in the Sale of Goods Act, 1930 (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.
CHAPTER II
Consumer Protection Councils
4. The Central Consumer Protection Council.(1) The Central Government
shall, by notification, establish with effect from such date as it may
specify in such notification, a Council to be known as the Central
Consumer Protection Council (hereinafter referred to as the Central
Council).
(2) The Central Council shall consist of the following members, namely:
(a) the Minister in charge of the consumer affairs in the Central
Government, who shall be its Chairman, and
(b) such number of other official or non-official members representing
such interests as may be prescribed.
5. Procedure for meetings of the Central Council.(1) The Central
Council shall meet as and when necessary, but at least one meeting of
the Council shall be held every year.
(2) The Central Council shall meet at such time and place as the
Chairman may think fit and shall observe such procedure in regard to the
transaction of its business as may be prescribed.
6. Objects of the Central Council. The objects of the Central Council
shall be to promote and protect the rights of the consumers such as,
(a) the right to be protected against the marketing of goods and
services which are hazardous to life and property;
(b) the right to be informed about the quality, quantity, potency,
purity, standard and price of goods or services, as the case may be so
as to protect the consumer against unfair trade practices;
(c) the right to be assured, wherever possible, access to a variety of
goods and services at competitive prices;
(d) the right to be heard and to be assured that consumer's interests
will receive due consideration at appropriate forums;
(e) the right to seek redressal against unfair trade practices or
restrictive trade practices or unscrupulous exploitation of consumers;
and
(f) the right to consumer education.
7. The State Consumer Protection Councils.- (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.
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 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
(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:
Provided further that a person shall be disqualified for appointment if
he
(a) has been convicted and sentenced to imprisonment for an offence
which, in the opinion of the Central Government, involves moral
turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or
a body corporate owned or controlled by the Government; or
(e) has in the opinion of the Central Government such financial or other
interest as is likely to affect prejudicially the discharge by him of
his functions as a member; or
(f) has such other disqualifications as may be prescribed by the Central
Government :
Provided also that every appointment under this clause shall be made by
the Central Government on the recommendation of a selection committee
consisting of the following, namely:
(a) a person who is a Judge of the Supreme Court, Chairman;
to be nominated by the Chief Justice of India
(b) the Secretary in the Department of Legal Affairs Member;
in the Government of India
(c) Secretary of the Department dealing with consumer Member.;
affairs in the Government of India
(1A)(i) The jurisdiction, powers and authority of the National
Commission may be exercised by Benches thereof.
(ii) A Bench may be constituted by the President with one or more
members as the President may deem fit.
(iii) if the Members of a Bench differ in opinion on any point, the
points shall be decided according to the opinion of the majority, if
there is a majority, but if the members are equally divided, they shall
state the point or points on which they differ, and make a reference to
the President who shall either hear the point or points himself or refer
the case for hearing on such point or points by one or more or the other
Members and such point or points shall be decided according to the
opinion of the majority of the Members who have heard the case,
including those who first heard it.
(2) The salary or honorarium and other allowances payable to and the
other terms and conditions of service of the members of the National
Commission shall be such as may be prescribed by the Central Government.
(3) Every member of the National Commission shall hold office for a term
of five years or up to the age of seventy years, whichever is earlier:
Provided that a member shall be eligible for re-appointment for another
term of five years or up to the age of seventy years, whichever is
earlier, subject to the condition that he fulfills the qualifications
and other conditions for appointment mentioned in clause (b) of
sub-section (1) and such re-appointment is made on the basis of the
recommendation of the Selection Committee:
Provided further that a person appointed as a President of the National
Commission shall also be eligible for re-appointment in the manner
provided in clause (a) of sub-section (1) :
Provided also that a member may resign his office in writing under his
hand addressed to the Central Government and on such resignation being
accepted, his office shall become vacant and may be filled by
appointment of a person possessing any of the qualifications mentioned
in sub-section (1) in relation to the category of the member who is
required to be appointed under the provisions of sub-section (1A) in
place of the person who has resigned.
(4) Notwithstanding anything contained in sub-section (3), a person
appointed as a President or as a member before the commencement of the
Consumer Protection (Amendment) Act, 2002 shall continue to hold such
office as President or member, as the case may be, till the completion
of his term.
21. Jurisdiction of the National Commission. Subject to the other
provisions of this Act, the National Commission shall have jurisdiction
(a) to entertain
(i) complaints where the value of the goods or services and
compensation, if any, claimed exceeds rupees one crore; and
(ii) appeals against the orders of any State Commission; and
(b) to call for the records and pass appropriate orders in any consumer
dispute which is pending before or has been decided by any State
Commission where it appears to the National Commission that such State
Commission has exercised a jurisdiction not vested in it by law, or has
failed to exercise a jurisdiction so vested, or has acted in the
exercise of its jurisdiction illegally or with material irregularity.
22. Power of and procedure applicable to the National Commission. (1)
The provisions of sections 12, 13 and 14 and the rules made thereunder
for the disposal of complaints by the District Forum shall, with such
modifications as may be considered necessary by the Commission, be
applicable to the disposal of disputes by the National Commission.
(2) Without prejudice to the provisions contained in sub-section (1),
the National Commission shall have the power to review any order made by
it, when there is an error apparent on the face of record.
22A. 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.
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.
CHAPTER IV
MISCELLANEOUS
28. Protection of action taken in good faith. No suit, prosecution or
other legal proceedings shall lie against the members of the District
Forum, the State Commission or the National Commission or any officer or
person acting under the direction of the District Forum, the State
Commission or the National Commission for executing any order made by it
or in respect of anything which is in good faith done or intended to be
done by such member, officer or person under this Act or under any rule
or order made thereunder.
28A. 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 :
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.
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The Consumer
Protection Act, 1986
