ACTS

 

 

 

 

 

Consumer Protection Act, 1986.

 

 

 

 

 

Consumer Protection (Amendment) Act, 2002.

 

 

 

 

 

The Act, as enacted in the year 1986, has been amended for the first time in the year 1991, thereafter in the year 1993 and recently in the year 2002, as a result of passing of the Consumer Protection (Amendment) Act, 2002.

In the amendment effected in the year 2002, major changes have been effected in the Act. The salient features of the amendments effected in the year 2002 may be summarised as under:-


Complaint can also be filed by the legal heirs or the representatives of the deceased consumer.

Complaint against unfair trade practice can also be filed against Service Providers.

Definition of ‘service’ widened.

Central Consumer Protection Council shall be established by the Central Government.

State Consumer Protection Council shall be established by the State Government.

Provision for the establishment of District Consumer Protection Council made.

Eligibility condition of a Member of District Forum, State Commission and National Commission, changed.

Provision for reappointment of Members of District Forum, State Commission and National Commission included.

Pecuniary Jurisdiction of District Forum increased from Rs.5 lacs to Rs. 20 lacs.

Pecuniary Jurisdiction of State Commission to be Rs. 20 lacs to Rs. 1 crore instead of Rs. 5 lacs to Rs.20 lacs.

Pecuniary Jurisdiction of National Commission increased from above Rs. 20 lacs to above Rs. 1 crore.

Fee to be accompanied with complaint to the District Forum.

Reference to opposite party to be sent within 21 days instead of 30 days by the District Forum.

Complaint may be dismissed if the complainant fails to appear before the District Forum on the date of hearing.

Decision to be made within a period of 3 months (5 months if it requires analysis or testing) by the District Forum.

No adjournments shall be granted by the District Forum

Provision of Manner of Service of Notice, etc. made.

Enforcement of orders of Forums/Commissions made more stringent.

Appeal to State Commission only if accompanied by 50% of the amount as ordered by District Forum, or Rs.25,000 whichever is less.

Appeal to National Commission only if accompanied by 50% of the amount as ordered by State Commission or Rs.35,000 whichever is less.

Appeal to Supreme Court only if 50% of the amount as ordered by the National Commission or Rs.50,000 whichever is less.

Appeal to be disposed of within 90 days.

Provision for transfer of cases from one Forum/Commission to another made.

State Commission may also perform its functions at places other than the State Capitals.

National Commission may also perform its functions at places other than New Delhi.