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Thread: The consumer protection act 1986

  1. #51
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    Default Section 22D of THE CONSUMER PROTECTION ACT, 1986 Vacancy in the Office of the President

    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.

  2. #52
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    Default Section 23 of THE CONSUMER PROTECTION ACT, 1986 Appeal

    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.

  3. #53
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    Default Section 24 of THE CONSUMER PROTECTION ACT, 1986 Finality of orders

    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.

  4. #54
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    Default Section 24A of THE CONSUMER PROTECTION ACT, 1986 Limitation period

    24A. Limitation period. - (l) The District Forum, the State Commis*sion 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.

  5. #55
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    Default Section 24B of THE CONSUMER PROTECTION ACT, 1986 Administrative Control

    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 pro*cedure 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 Commis*sions 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).

  6. #56
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    Default Section 25 of THE CONSUMER PROTECTION ACT, 1986 Enforcement of orders of the District Forum, the State Commission or the National Commission

    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.

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    Default Section 26 of THE CONSUMER PROTECTION ACT, 1986 Dismissal of frivolous or vexatious complaints

    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

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    Default Section 27 of THE CONSUMER PROTECTION ACT, 1986 Penalties

    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.

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    Default Section 27A of THE CONSUMER PROTECTION ACT, 1986 Appeal against order passed under section 27

    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.

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    Default CHAPTER IV MISCELLANEOUS Section 28 of THE CONSUMER PROTECTION ACT, 1986 Protection of action taken in good faith

    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.

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