May 20, 2024 | CA B K Goyal & Co LLP

Section 18 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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Section 17B – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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Section 17A – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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Section 17 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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Section 16 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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, whoshall be its President:5[Provided that no appointment under this clause shall be made except after consultation with theChief Justice of the High Court;] 1. Ins. by Act 62 of 2002, s. 10 (w.e.f. 15-3-2003).2. Subs. by Act 34 of 1991, s. 2, for the sub-section (2) (w.e.f. 15-6-1991).3. Subs. by Act 62 of 2002, s. 10, for the proviso (w.e.f. 15-3-2003).4. Ins. by s. 11, ibid. (w.e.f. 15-3-2003).5. Ins. by Act 50 of 1993, s. 13 (w.e.f. 18-6-1993).161[(b) not less than two, and not more than such number of members, as may be prescribed, andone 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 andexperience 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 ajudicial background.Explanation.—For the purposes of this clause, the expression “persons having a judicial background”shall mean persons having knowledge and experience for at least a period of ten years as a presidingofficer 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 theState 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 corporateowned or controlled by the Government; or(e) has, in the opinion of the State Government, such financial or other interest, as is likely toaffect 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.]2[(1A) Every appointment under sub-section (1) shall be made by the State Government on therecommendation of a Selection Committee consisting of the following members, namely:—(i) President of the State Commission — Chairman;(ii) Secretary of the Law Departmentof the State— Member;(iii) Secretary incharge ofthe Department dealing with ConsumerAffairs 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 theChief 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 Benchesthereof.(ii) A Bench may be constituted by the President with one or more members as the President maydeem fit.(iii) If the members of a Bench differ in opinion on any point, the points shall be decided according tothe opinion of the majority, if there is a majority, but if the members are equally divided, they shall statethe point or points on which they differ, and make a reference to the President who shall either hear thepoint or points himself or refer the case for hearing on such point or points by one or more or the other 1. Subs. by Act 62 of 2002, s. 12, for clause (b) and the proviso (w.e.f. 15-3-2003).2. Ins. by s. 12, ibid. (w.e.f. 15-3-2003).17members and such point or points shall be decided according to the opinion of the majority of themembers 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 ofservice 1*** of, the members of the State Commission shall be such as may be prescribed by the StateGovernment:2[Provided that the appointment of a member on whole-time basis shall be made by the StateGovernment on the recommendation of the President of the State Commission taking into considerationsuch factors as may be prescribed including the work load of the State Commission.]3[(3) Every member of the State Commission shall hold office for a term of five years or up to the ageof 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 theage of sixty-seven years, whichever is earlier, subject to the condition that he fulfils the qualifications andother conditions for appointment mentioned in clause (b) of sub-section (1) and such re-appointment ismade 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 eligiblefor 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 StateGovernment and on such resignation being accepted, his office shall become vacant and may be filled byappointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation tothe category of the member who is required to be appointed under the provisions of sub-section (1A) inplace of the person who has resigned.(4) Notwithstanding anything contained in sub-section (3), a person appointed as the President or as amember, before the commencement of the Consumer Protection (Amendment) Act, 2002 (62 of 2002),shall continue to hold such office as President or member, as the case may be, till the completion of histerm.] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam

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Section 15 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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Section 14 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

Finding of the District Forum —(1) If, after the proceeding conducted under section 13, theDistrict Forum is satisfied that the goods complained against suffer from any of the defects specified inthe complaint or that any of the allegations contained in the complaint about the services are proved, itshall issue an order to the opposite party directing him to 3[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 anydefect;(c) to return to the complainant the price, or, as the case may be, the charges paid by thecomplainant;(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss orinjury suffered by the consumer due to the negligence of the opposite party:4[Provided that the District Forum shall have the power to grant punitive damages in suchcircumstances as it deems fit;]5[(e) to 6[remove the defects in goods] or deficiencies in the services in question; 1. Ins. by Act 50 of 1993, s. 11 (w.e.f. 18-6-1993).2. Ins. by Act 62 of 2002, s. 9 (w.e.f. 15-3-2003).3. Subs. by Act 50 of 1993, s. 12, for “take” (w.e.f. 18-6-1993).4. Ins. by Act 62 of 2002, s. 10 (w.e.f. 15-3-2003).5. Ins. by Act 50 of 1993, s. 12 (w.e.f. 18-6-1993).6. Subs. by Act 62 of 2002, s. 10, for “remove the defects” (w.e.f. 15-3-2003).15(f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them;(g) not to offer the hazardous goods for sale;(h) to withdraw the hazardous goods from being offered for sale;1[(ha) to cease manufacture of hazardous goods and to desist from offering services which arehazardous in nature;(hb) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has beensuffered 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 thevalue of such defective goods sold or services provided, as the case may be, to such consumers:Provided further that the amount so obtained shall be credited in favour of such person andutilized in such manner as may be prescribed;(hc) to issue corrective advertisement to neutralize the effect of misleading advertisement at thecost of the opposite party responsible for issuing such misleading advertisement;](i) to provide for adequate costs to parties.]2[(2) Every proceeding referred to in sub-section (1) shall be conducted by the President of theDistrict Forum and at least one member thereof sitting together:3[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 heardby the previous member.](2A) Every order made by the District Forum under sub-section (1) shall be signed by its Presidentand the member or members who conducted the proceeding:Provided that where the proceeding is conducted by the President and one member and they differ onany point or points, they shall state the point or points on which they differ and refer the same to the othermember for hearing on such point or points and the opinion of the majority shall be the order of theDistrict Forum.](3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of theDistrict Forum, its sittings and other matters shall be such as may be prescribed by the State Government Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password | internal audit applicability | preliminiary expenses | mAadhar | e shram card | 194r | ec tamilnadu | 194a of income tax act | 80ddb | aaple sarkar portal | epf activation | scrap business | brsr | section 135 of companies act 2013 | depreciation on computer | section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd

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Section 13 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

Procedure on admission of complaint (1) The District Forum shall, 2[on admission of acomplaint], if it relates to any goods,—3[(a) refer a copy of the admitted complaint, within twenty-one days from the date of itsadmission to the opposite party mentioned in the complaint directing him to give his version of thecase within a period of thirty days or such extended period not exceeding fifteen days as may begranted by the District Forum;](b) where the opposite party on receipt of a complaint referred to him under clause (a) denies ordisputes the allegations contained in the complaint, or omits or fails to take any action to represent hiscase within the time given by the District Forum, the District Forum shall proceed to settle theconsumer 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 properanalysis or test of the goods, the District Forum shall obtain a sample of the goods from thecomplainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to theappropriate laboratory along with a direction that such laboratory make an analysis or test, whichevermay be necessary, with a view to finding out whether such goods suffer from any defect alleged in thecomplaint or from any other defect and to report its findings thereon to the District Forum within aperiod of forty-five days of the receipt of the reference or within such extended period as may begranted by the District Forum;(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), theDistrict Forum may require the complainant to deposit to the credit of the Forum such fees as may bespecified, for payment to the appropriate laboratory for carrying out the necessary analysis or test inrelation to the goods in question;(e) the District Forum shall remit the amount deposited to its credit under clause (d) to theappropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and onreceipt of the report from the appropriate laboratory, the District Forum shall forward a copy of thereport along with such remarks as the District Forum may feel appropriate to the opposite party; 1. Subs. by Act 62 of 2002, s. 9, for “Procedure on receipt of complaint.” (w.e.f. 15-3-2003).2. Subs. by s. 9, ibid., for “on receipt of a complaint” (w.e.f. 15-3-2003).3. Subs. by s. 9, ibid., for clause (a) (w.e.f. 15-3-2003).13(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, ordisputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, theDistrict Forum shall require the opposite party or the complainant to submit in writing his objectionsin regard to the report made by the appropriate laboratory;(g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well asthe opposite party of being heard as to the correctness or otherwise of the report made by theappropriate laboratory and also as to the objection made in relation thereto under clause (f) and issuean appropriate order under section 14.(2) The District Forum shall, if the 1[complaints admitted] by it under section 12 relates to goods inrespect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relatesto any services,—(a) refer a copy of such complaint to the opposite party directing him to give his version ofthe case within a period of thirty days or such extended period not exceeding fifteen days as maybe granted by the District Forum;(b) where the opposite party, on receipt of a copy of the complaint, referred to him underclause (a) denies or disputes the allegations contained in the complaint, or omits or fails to takeany action to represent his case within the time given by the District Forum, the District Forumshall proceed to settle the consumer dispute,—(i) on the basis of evidence brought to its notice by the complainant and the oppositeparty, where the opposite party denies or disputes the allegations contained in the complaint,or(ii) 2[ex parte on the basis of evidence] brought to its notice by the complainant where theopposite party omits or fails to take any action to represent his case within the time given bythe Forum.3[(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 sub-sections (1) and (2) shall becalled in question in any court on the ground that the principles of natural justice have not been compliedwith.3[(3A) Every complaint shall be heard as expeditiously as possible and endeavour shall be made todecide the complaint within a period of three months from the date of receipt of notice by opposite partywhere the complaint does not require analysis or testing of commodities and within five months, if itrequires analysis or testing of commodities:Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient causeis 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 theadjournment 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, theDistrict Forum shall record in writing, the reasons for the same at the time of disposing of the saidcomplaint.(3B) Where during the pendency of any proceeding before the District Forum, it appears to itnecessary, 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 acivil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of thefollowing matters, namely:— 1. Subs. by Act 62 of 2002, s. 9, for

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Section 12 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

Manner in which complaint shall be made —(1) A complaint in relation to any goods sold ordelivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filedwith a District Forum by—(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered orsuch service provided or agreed to be provided;(b) any recognised consumer association whether the consumer to whom the goods sold ordelivered or agreed to be sold or delivered or service provided or agreed to be provided is a memberof such association or not; 1. Subs. by Act 62 of 2002, s. 6, for sub-section (2) (w.e.f. 15-3-2003).2. Ins. by s. 6, ibid. (w.e.f. 15-3-2003).3. Subs. by s. 7, ibid., for “does not exceed rupees five lakhs” (w.e.f. 15-3-2003)4. Subs. by Act 50 of 1993, s. 9, for “carries on business or” (w.e.f. 18-6-1993).5. Subs. by s. 9, ibid., for “carries on business” (w.e.f. 18-6-1993).6. Subs. by s. 9, ibid., for “carry on business” (w.e.f 18-6-1993).7. Subs. by Act 62 of 2002, s. 8, for section 12 (w.e.f. 15-3-2003)..12(c) one or more consumers, where there are numerous consumers having the same interest, withthe 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 individualcapacity 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 andpayable 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 thecomplaint to be proceeded with or rejected:Provided that a complaint shall not be rejected under this sub-section unless an opportunity of beingheard has been given to the complainant:Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-onedays 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 mayproceed 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 toany other court or tribunal or any authority set up by or under any other law for the time being in force.Explanation.—For the purposes of this section, “recognised consumer association” means anyvoluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other lawfor the time being in force.] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password | internal audit applicability | preliminiary expenses | mAadhar | e shram card | 194r | ec tamilnadu | 194a of income tax act | 80ddb | aaple sarkar portal | epf activation | scrap business | brsr | section 135 of companies act 2013 | depreciation on computer | section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 11 – THE CONSUMER PROTECTION ACT, 2019

THE CONSUMER PROTECTION ACT, 2019 / CA Bhuvnesh Goyal / May 20, 2024

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