Amendments to Consumer Protection Act 1986

 

Amendment 1991;

·         Sec 14[2] Every proceedings referred to in sub-section [1]shall be conducted by the President of the district forum and at least one member thereof sitting together

·         Sec 29A Vacancies or defects in appointment not to invalidateorders-No act or proceedings of district forum ,the state commission or the national commission shall be invalid by reason only of the existence of any any vacancy amongstits members or any defect in the constitution thereof.

Amendment 1993;

·         Sec 2(1)(a) ‘appropriate laboratory’ defined and under Sec. Sec 2(1)(aa) ‘branch office’ defined.

·         Sec 2(c) while defining complaint, includes certain more areas widening the scope of the Act such as ;

 unfair trade practice,charging more than price ,for selling  hazardous goods ,hazardous services  also for which complaint can be made .

·         Sec 2(d) while defining consumer ,

·         Includes certain services also under the scope of Consumer Protection Act

·         .

·         Sec 10 describes composition of the district forum,selection committee ,appointment process and certain amendments in the qualification in respect of President are  made .

·         Sec 11 amended including words carries on business for the purpose of defining territorial jurisdiction.   

·         Sec 13(6) Code of civil procedure applicable for the purpose of reference to the order of the district forum like a decree to the suit in civil matters

·         Sec 14 added provisions regarding  relief to the consumers in case of deficiency in services and also cost to the parties .

·         Sec.16 Appointment of the President State commission be made only after the consultation with the chief justice of High court

·         Sec 24 A limitation period for filing complaint two years

·         Section 26 dismissal of frivolous complaits with penality to complainant.

·         Sec 27 –complainant also included with JD for imposing  penality in case of default in compliance of forum’s order. 

 

Amendments  2002;

 

·         Sec 2(1)( v) In case of death of complainat ,legal heir/representative  of complainant to make complaint

·         Sec 2(1)(c) now while defining complaint, includes  word ‘any’ with  traders and service providers for unfair trade practice,charging more than price ,for selling  hazardous goods ,hazardous services  also for which complaint can be made .

·         Sec 2(c) now include word ‘service’ alongwith  goods where ever used

·         Sec 2(d) commercial purpose further explained excluding self-employed persons for the purpose of  defecieny in services. ‘But excludes a person who works for commercial purpose but a person working for self livelihood is a consumer

·         Sec 2(3A) added  giving effect to the misleading advertisements consumer’

·         Words ‘service’ ‘manufacturer’ and ‘member’ ‘regulation’ ‘restricted trade practices’ ‘unfair trade practices’ ‘spurious goods’ are defined.

·         Sec 5 ,6,7 & 8 describe of the objects of central and district councils

·         Sec 10 – changes in the composition and qualification of members.Provision for re-appointment of members made.

·         Sec 13 –Provision for admission of complaint made ,provision for ex-parte and dismissal in default made ,three months/five months time limitation for disposal of complaint made,also in the event of death of complainat ,for the purpose of compliance of order legal heirs or representative shall be the  complainant.

·         Sec 14 –relief against misleading advertisements .

·         Sec 15 –provision of depositing amout with the state commission in case appeal preferred

·         Sec 16-number and qualification of  of members of state commission enhanced.  

·         Sec 17-Provision for transfer of case,cicuit benches made ,administrative power to the state commission given ,pecuniary jurisdiction also enhanced to one crore

·         Sec 21 and 22A-pecuniary jurisdiction& Power to set aside ex-parte or reviw its own order order to national commission

·          Sec 24 B Administrative control of National commission over all the district forums and state commissions in the country

·         Sec 27A provided for compliance of the orders

·         Sec 28A service can be made now through corrier,fax  and speed post 

-

Previous

Next