THE CONSUMER
PROTECTION (AMENDMENT) ACT, 2002
( 62 OF 2002 )
{ Passed
by Lok Sabha (=
with
amendments) on 30.7.2002 and
by the Rajya Sabha (the
amendments made by the Lok Sabha)
on 22.11.2002}
// PRESIDENT OF
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Short title and commencement. |
THE CONSUMER PROTECTION
(AMENDMENT) ACT, 2002 An Act further to amend the
Consumer Protection Act, 1986. BE it enacted by Parliament in the Fifty-third Year of the 1.(=
1=
) This
Act may be called the Consumer Protection (Amendment) Act, 2002. Act,
2001. (2) It shall come into force on such date as =
the
Central Government may, by notification in the Official Gazette, appoint.=
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Amendment of section 2 |
(1) in clause (b), after sub-clause (iv), the
following sub-clause shall be inserted, namely :- "(v) in case of death of a consumer, his
legal heir or representative;"; (2)
in clause (c), - (i ) in sub-claus=
e (i ) for the words "any trader", the words
"any trader or service provider" shall be substituted; (ii)
for sub-clauses (iv) and (v), the following sub-clauses shall be substituted,
namely:- "(iv) a trader or the service provider, =
as
the case may be, has charged for the goods or for the services 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 are being offered for sale to the public,- (A) in contravention of any standards relatin=
g to
(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 t=
o 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 diligenc=
e to
be injurious to life and safety;"; (3)
in clause (d), – (a)in sub-clause (ii) the following words sha=
ll
be inserted at the end, namely:- "but does not
include a person who avails of such services for any commercial
purposes". (b)for the Explanation the following Explanat=
ion
shall be substituted, namely:- 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"; (4)
for clause (j), the following clause shall be substituted, namely:- ‘(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 othe=
rs;or (iii)puts or causes to be put his own mark on=
any
goods made or manufactured by any other manufacturer;" (5)
for clause (nn), the following clauses shall =
be
substituted, namely:--- (nn)
"Regulation" means the regulations made by the National Commiss=
ion
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, servi=
ces
as condition precedent to buying, hiring or availing other goods or
services,; in
( 6 ) in clause (o), for the words "users and includes the provision
of", the words "users and includes, but not limited to, the
provision of" shall be substituted; (7) after clause(o), the following clause sha=
ll
be inserted, namely:- "(oo)spurious
goods and services" mean such goods and services which are claimed t=
o be
genuine but they are actually not so;" (
8 ) in clause ( r), - (a) after sub-clause (3), the following
sub-clause shall be inserted, namely:- "(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 t=
he
scheme was originally advertised."; (b) after sub-clause (5), the following
sub-clause shall be inserted, namely:- " (6) manufacture of spurious goods or offering such goods for sale or adopts deceptive practices in the provision of services.". |
68 of 1986 |
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Amendment of Section 4 |
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Amendment of Section 7 |
( a ) in sub-section (1), for the words "
The State Government may" , the words "The State Government
shall" shall be substituted; ( b ) in sub-section (1), after clause (b), t=
he
following clause shall be inserted, namely, "(c) such num=
ber of
other official or non-official members, not exceeding ten, as may be
nominated by the Central Government." |
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Insertion of new sections 8A and 8B The District Consumer Protection
Council. Objects of the District Council |
5.
After section 8 of the principal Act, the following sections shall=
be
inserted, namely:- " 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:- The Collector of the district (by whatever na=
me
called), who shall be its Chairman, and 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 t=
ime
and place within the district as the Chairman may think fit and shall obs=
erve
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 sha=
ll
be to promote and protect within the district the rights of the consumers
laid down in clauses (a) to (f) of section 6.".<=
/span> |
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Amendment of Section 10 |
(i) in sub-sectio=
n (1)
for clause (b), the following clause shall be substituted, namely:- "(b) two other members one of whom shall=
be
a woman, who shall have the following qualifications, namely:- (i) be not less t=
han
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 year=
s 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 Governme=
nt,
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 disqualification as may be
prescribed by the State Government,"; (
ii )in sub-section (1A), the following proviso shall be inserted, namely:=
- "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 Ju=
dge
of that High Court to act as Chairman"; (
iii )for sub-section (2), the following sub-section shall be substituted,
namely:- "(2) Every member of the District Forum
shall hold office for a term of five years or upto
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 upt=
o
the age of sixty-five years, whichever is earlier, subject to the conditi=
on
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 wh=
o is
required to be appointed under the provisions of sub-section (1A) in plac=
e 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 Protect=
ion
(Amendment) Act, 2002, shall continue to hold such office as President or
member, as the case may be, till the completion of his term.". (
iv ) in sub-section (3), the following proviso shall be inserted, namely:=
- "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".
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Amendment of Section 11 |
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Substitution of new section for section 12. <=
b> Manner in which complaint shall be= made. |
8.
For section 12 of the principal Act, the following section shall be
substituted, namely:- "12.(1) A complaint in relation to any g=
oods
sold or delivered or agreed to be sold or delivered or any service provid=
ed
or agreed to be provided may be filed with a District Forum by – (a) the c=
onsumer
to whom such goods are sold or delivered or agreed to be sold or delivere=
d or
such service provided or agreed to be provided; (b)any (c) one o=
r more
consumers, where there are numerous consumers having the same interest, w=
ith
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 t=
he
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 decid=
ed
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 ( 1 of 1956) or any other law for
the time being in force". |
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Amendment of Section 13 |
(a) in the marginal heading, for the =
words
"Procedure on receipt of complaint", the words "Procedure =
on
admission of complaint" shall be substituted; (b)
in sub-section (1) – (i) in the opening
portion, for the words "on receipt of a complaint", the words
"on admission of a complaint" shall be substituted; (ii)for
clause (a), the following clause shall be substituted, namely:- "(a) refer a copy of the admitted compla=
int,
within twenty-one days from the date of its admission to the opposite par=
ty
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 fift=
een
days as may be granted by the District Forum,"; (c)
in sub-section (2), – (i)in the opening
portion, for the words "complaint received" the words "the
complaint admitted" shall be substituted; (ii)
in clause (b), in sub-clause (ii), for the words "on the basis of
evidence" the words "ex parte on the
basis of evidence" shall be substituted; (iii)
after clause (b), the following clause shall be inserted, namely:- "(c) where the complainant fails to appe=
ar
on the date of hearing before the District Forum, the District Forum may
either dismiss the complaint for default or decide it on merits."; (d)
after sub-section (3), the following sub-sections shall be inserted, name=
ly:- "(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 dat=
e 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 ordinar=
ily
granted by the District Forum unless sufficient cause is shown and the
reasons for grant of adjournment have been recorded in writing by the For=
um: 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 t=
he
said complaint. (3B) Where during the pe=
ndency
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."; (e) after sub-section (6), the following
sub-section shall be inserted, namely:- "(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 sched=
ule
to the Code of Civil Procedure,1908 ( 5 of 190=
8)
shall apply subject |
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Amendment of Section 14 |
(i) in sub-sectio=
n (1),
- (a) in clause (d) the following provi=
so
shall be inserted, namely :- " Provided that the District Forum shall
have the power to grant punitive damages in such circumstances as it deems
fit."; (b)in
clause (e), for the words "remove the defects" the words
"remove the defects in goods" shall be substituted; (c)after
clause (h), the following clauses shall be inserted, namely:- (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 b=
een
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 percent 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 advertise=
ment
at the cost of the opposite party responsible for issuing such misleading
advertisement,"; (ii) in sub-section (2), for the proviso, the
following proviso shall be substituted, namely:- "Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the Presi= dent and the other member shall continue the proceeding from the stage at whic= h it was last heard by the previous member,".<= o:p> |
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Amendment of Section 15 |
"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 percent of that am=
ount
or twenty five thousand rupees, whichever is less.". |
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Amendment of Section 16 |
(a)
in sub-section (1), for clause (b) and proviso there=
under,
the following clause shall be substituted, namely:- "(b)
not less than two and not more than such number of members, as may be
prescribed, one of whom shall be a woman, who shall have the following
qualifications, namely:- (i) be not less t=
han
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 year=
s 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 judi=
cial
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 i=
f 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 Governmen=
t,
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
disqualification as may be prescribed by the State Government.,". (
b ) after sub-section (1) the following sub-sections shall be inserted,
namely:- "(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;<= o:p> Provided that where the President of the State
Commission is, by reason of absence or otherwise, unable to act as Chairm=
an
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 Hi=
gh
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 t=
he
President may deem fit. (iii)
if the members of a Bench differ in opinion on any point, the points shal=
l 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 po=
int
or points by one or more or the other members and such point or points sh=
all
be decided according to the opinion of the majority of the members who ha=
ve
heard the case, including those who first heard it."; (c)
in sub-section (2), the following proviso shall be inserted, namely:- "Provided that the appointment of a memb=
er
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."; (d)
for sub-sections (3) and (4), the following sub-sections shall be
substituted, namely:- "(3)
Every member of the State Commission shall hold office for a term of five
years or upto the age of sixty-seven years,
whichever is earlier: Provided
that a member shall be eligible for re-appointment for another term of fi=
ve
years or upto 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 sh=
all
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 addres=
sed
to the State Government and on such resignation being accepted, his office
shall become vacant and may be filled by appointment of a person possessi=
ng
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 provisio=
ns
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.=
".
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Amendment of<= /span> Section 17. |
13.
Section 17 of the principal Act shall be re-numbered as sub-section (1) a=
nd
in sub-section (1) as so re-numbered – (i ) in clause (a=
), in
sub-clause (i), for the words "exceeds r=
upees
five lakhs but does not exceed rupees twenty lakhs", the words
"exceeds rupees twenty lakhs but does not exceed rupees one crore&qu=
ot;
shall be substituted; (ii) after sub-section (1) as so re-numbered,=
the
following sub-section shall be inserted, namely:- "(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 permissi=
on
of the State Commission is given or the opposite parties who do not resid=
e 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 a=
ction,
wholly or in part, arises". |
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Insertion of new section 17A. Transfer of Cases: Circuit Benches. |
14.
After section 17 of the principal Act, the following sections
shall be inserted, namely:- "17A On the application of the complaina=
nt
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, in consultation with the State Commission,
notify in the Official Gazette from time to time". |
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Omission of Section 18A. |
15. Section 18A of the principal Act shall be omitte= d. |
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Amendment of<= /span> Section 19. |
"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 percent of the amount or rupees thirty-five thousands, which=
ever
is less". |
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Insertion of new section 19A after section 19. Hearing of appeal |
17.
After section 19 of the principal Act, the following section shall be
inserted, namely:- "19A.
An appeal filed before the State Commission or the National Commission sh=
all
be heard as expeditiously as possible and an endeavo=
ur
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 ordinar=
ily
granted by the State Commission or the National Commission, as the case m=
ay
be, unless sufficient cause is shown and the reasons for grant of adjourn=
ment
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 reas=
ons
for the same at the time of disposing of the said appeal. |
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Amendment of<= /span> Section 20. |
(i) in sub-sectio=
n (1),
for clause (b), the following clause shall be substituted, namely:- "(b) not less than four and not more than
such number of members as may be prescribed one of whom shall be a woman,=
who
shall have the following qualifications, namely:- (i) be not less t=
han thrity-five years of age; (ii) possess a bachelor’s degree from a
recognized 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 percent of the members shall be from amongst the
persons having judicial background:- Explanation:-
For the purposes of this clause, the expression "persons having judi=
cial
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 Governm=
ent
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 Governm=
ent
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 disqualification as may be prescribed by the Central Government."; <= o:p> Provided
also that every appointment under this clause shall be made by the Central
Government on the recommendation of a selection committee consisting of t=
he
following, namely :- (a)a
person whois a Judge of the Supreme Court,
-Chairman to
be nominated by the Chief Justice of India (b)
the Secretary in the Department of Legal - Member; Affairs
in Government of ©
Secretary of the Department dealing with - Member.=
217;; consumer
affairs in the Government of India (ii) after sub-section (1), the following sub=
-section
shall be inserted, namely:- "(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 Presid=
ent
with one or more members as the President may deem fit. (iii) If the Members of a Bench differ in opi=
nion
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 hims=
elf
or refer the case for hearing on such point or points by one or more or t=
he
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."; (iii) for sub-sections (3) and (4), the follo=
wing
sub-sections shall be substituted, namely:- "(3)
Every member of the National Commission shall hold office for a term of f=
ive
years or upto the age of seventy years, which=
ever
is earlier: Provided
that a member shall be eligible for re-appointment for another term of fi=
ve
years or upto the age of seventy years, which=
ever
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 addres=
sed
to the Central Government and on such resignation being accepted, his off=
ice
shall become vacant and may be filled by appointment of a person possessi=
ng
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 provisio=
ns 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 Protec=
tion
(Amendment) Act, 2002 shall continue to hold such office as President or
member as the case may be till the completion of his term".
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Amendment of<= /span> Section 21. |
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Substitution of
new section for section 22. Power and procedure applicable to =
the
National Commission. Power to set aside ex-parte orders.
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20.
For section 22 of the principal Act, the following sections shall be
substituted, namely :-- "
22 (1) Provisions of sections 12, 13 and 14 and the rules made thereunder for the disposal of complaints by the Di=
strict
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 part=
y 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. |
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Transfer of cases Circuit Benches Vacancy in the Office of the Presi= dent |
22B. On the application of the complainant or=
of
its own motion, the National Commission m=
ay,
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 Fo=
rum
of another State or before one State Commission to another State Commissi=
on . 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 dutie=
s of
his office, these shall be performed by the senior-most member of the
District Forum, State Commission or of the National Commission, as the ca=
se 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 the President of that Commission.".
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Amendment of<= /span> section 23. |
"Provided
further that no appeal by a person who is required to pay any amount in t=
erms
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". |
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Substitution of section for section 25. Enforcement of orders of the Distr=
ict
Forum, the= State Commission or the National Commission.<= /span> |
22.
For section 25 of the principal Act, the following section shall be
substituted, namely:- "25. (1) Where an interim order made =
under
this Act, is not complied with the District Fo=
rum or
the State Commission or the National Commission, as the case may b=
e,
may order the property of the person, not complying with such orde=
r to
be attached. 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 entitl=
ed
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, t=
he
person entitled to the amount may make an application to the District For=
um,
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 iss=
ue a
certificate for the said amount to the Collector of the district (by what=
ever
name called) and the Collector shall proceed to recover the amount in the
same manner as arrears of land revenue". |
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Amendment of<= /span> section 27. |
(a)
proviso shall be omitted; (b)
after the proviso so omitted, the existing section shall be renumbered as
sub-section (1) and after sub-section (1) so renumbered, the following
sub-sections shall be inserted, namely:- "(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, shall have the po=
wer
of a Judicial Magistrate of the first class for the trial of offences und=
er
this Act, and on such conferment of powers, the District Forum or the Sta=
te
Commission or the National Commission, as the case may be, on whom the po=
wers
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.". |
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Appeal against order passed under section 27.=
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24. After section 27 of the principal Act, the
following section shall be inserted, namely :- "27A. (1) Notwithstanding anything conta=
ined
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 t=
he
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 thi=
rty
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 per=
iod
of thirty days, if, it is satisfied that the appellant had sufficient cau=
se
for not preferring the appeal within the period of thirty days. |
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Insertion of new section 28A after section 28. Service of notice, etc.= |
25.
After section 28 of the principal Act, the following section shall be
inserted, namely:- "28A (1) All notices required by this Ac=
t to
be served shall be served in the manner hereinafter mentioned in sub-sect=
ion
(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 Commissi=
on
or the National Commission, as the case may be, or by any other means of
transmission of documents (including FAX message). (3)
When an acknowledgement or any other receipt purporting to be signed by t=
he
opposite party or his agent or by the complainant is received by the Dist=
rict
Forum, the State Commission or the National Commission, as the case may b=
e,
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 author=
ized
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, District Forum or the
State Commission or 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 acknowledgement due, a declaration referred to in this
sub-section shall be made notwithstanding the fact that the acknowledgeme=
nt
has been lost or mislaid, or for any other reason, has not been received =
by
the District Forum, State Commission or the National Commission, as the c=
ase
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. |
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Amendment of<= /span> section 29. |
"(3)
If any difficulty arises in giving effect to the provisions of the Consum=
er
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.". |
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Substitution of new section for section 30. <=
b> Power to make rules. |
27. For section 30 of the principal Act, the
following section shall be substituted, namely:- "30.(1) The Central Government may, by
notification, make rules for carrying out the provisions contained in cla=
use
(a) of sub-section (1) of section 2, clause (b) of sub-section (2) of sec=
tion
4, sub-section (2) of section 5, sub-section ( 2) of section 12,clause (v=
i)
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-secti=
on
(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-sectio=
n (3)
of section 14, section 15 and clause (b) of sub-section (1) and sub-secti=
on
(2) of section 16 of this Act.". |
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Insertion of new section 30A after
section 30. Power of the National Commission t= o make regulations. |
28.
After section 30 of the principal Act, the following section shall be
inserted, namely:- "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 po=
wer,
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".=
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Substitution of new section for section 31. <=
b> Rules and regulation to be laid be= fore each House of Parliament. |
29.
For section 31 of the principal Act, the following section shall be
substituted, namely:- "31(1)
Every rule and every regulation made under this Act shall be laid, as soo=
n 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 rul=
e 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 previous=
ly
done under that rule or regulation. (2) Every rule made by a State Government under this Act shall be laid as soo= n as may be after it is made, before the State Legislature. |
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