Certificate

I, Nadirshaw. K. Dhondy, Advocate Supreme Court have examined the Thesis of Ms.Tashween.S.Ahluwalia who is enrolled in Narsee Monjee Institute of Management Studies for the academic year 2007-2008 in the course Diploma In Business Management at unique Roll No. 46 Her Thesis on Consumer Protection Act, 1986 had been rated to receive ______marks out of 50. Dated this __________ day of __________ 2008. Tashween.S.Ahluwalia Nadirshaw.K.Dhondy Advocate Supreme Court Signature

Acknowledgements
I hereby acknowledge the faculty and management of the Department of Diploma in Business Management at Narsee Monjee University of Management and Higher Studies for their guidance and support that helped me to prepare this Thesis

Vice Chancellor Dr. Kondap

Head of Department Dr. Balakrishna Moorthy

Faculty Mr. Nadirshaw K Dhondy

Co-ordinator Kazi Mehfuzur Rehman

Prologue
CHARAN SINGH V. HEALING TOUCH HOSPITAL & ORS I have taken Consumer Protection Act as my topic for the thesis. I have first explained the Act, its amendments in 2002 and have taken a case that is within the same act. This is a case of how a common man named Charan Singh living a normal life and earning his livelihood by working in M/s. Durga Lakshmi Builders lost the peace in his life and his job. This man, who was leading a normal life, approached a doctor for stomach pain and burning sensation while passing urine, and on advice of the doctor decided to undergo an operation for removal of "stone from the Urethra". His life was turned upside down after this operation. Due to negligence and lack of safety precaution taken by the hospital, doctors, and staff, his right hand side was paralysed. He was told by the doctor that things will get fine and was prescribed certain medicines. On regular intake of medicines also he did not get fine. He went to the same doctor after 1 month, as he had started passing blood in his urine and there was no improvement in his paralytic state. He was then been told by the doctor to undergo another operation so as to stop the blood that he was passing in his urine. He was been given anaesthesia and when he was in drowsy state his signature were been taken on some paper. When he came to conscious he was been told that he will get the discharge in some days and continue to take the medicines that has been prescribed to him. After the discharge he again did not get relief from the pain. He went to the doctor again who told him not to return again in this hospital. He then went to Medical Diagnostic Centre, Hauz Khas, New Delhi, where after the diagnosis he was been told that his left kidney has been removed. This came as a shock to him. He went back to the hospital and questioned the doctors how they removed his kidney without his consent. He then approached the court for justice. After 6 long years this man gets justice. The Act and the case are explained in details in the thesis. How this Common man got justice is explained.
3

Case Law Index

Charan Singh Vs. Healing Touch Hospital and others - Sep 20 2000 IN THE SUPREME COURT OF INDIA

Citation: AIR 2000 SC 3138 Honourable Judges: Dr. A.S. ANAND, C.J.I., M.B. SHAH AND K.G. BALAKRISHNAN Issue: Consumer Protection Act (68 of 1986), Section 21 Date Of Judgment: Sep 20 2000 Case No: Civil Appeal No. 767 of 2000 Appellant: Charan Singh Vs. Respondent: Healing Touch Hospital & Ors. Subject: Consumer

Prime Time Matter

The Consumer Protection Act, 1986 was enacted to provide better protection of the interests of consumers and for that purpose to make provisions for the establishment of Consumer Councils and other authorities for the settlement of consumers disputes and for the matters connected therewith (Preamble). The Act applies to all goods and services, unless specifically exempted by the Central Government. It covers all the sectors whether private, public or cooperative. The provisions of the Act are compensatory in nature. The Act extends to the whole of India except the State of Jammu and Kashmir. The Act, inter alia, seeks to promote and protect the rights of consumers such asi.

Right to be protected against marketing of goods which are hazardous to life and property; Right to be informed about the quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; Right to be assured, wherever possible, access to variety of goods at competitive prices; Right to be heard and to be assured that customers interests will receive due consideration at appropriate forums; Right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and Right to consumer protection.

ii.
iii.

iv.
v.

vi.

Important amendments made by the Consumer Protection (Amendments) Act, 2002 are as follows: Creation of benches of the National Commission and State Commissions and holding of circuit benches;
Prescribing time-frame for admission of complaint, issue of notices and

disposal of complaint;
Recovery of compensation amount ordered by redressal agency through

certificate case in the same manners as arrears of land revenue; Provisions for issue of interim orders by redressal agencies;
Establishment of Consumer Protection Council at District level;

Inclusion of sale of spurious goods/services as unfair trade practices.

Revision of pecuniary jurisdiction in respect of redressal agencies at

different levels .i.e. District Forum: State Commission: from Rs.5 lakhs to Rs.20 lakhs. from Rs.20 lakhs to Rs. 1 crore.

National commission: from above Rs.20 lakhs to above Rs.1 crore. The Act applies to all goods and services, except if otherwise provided by the Central Government by Notification. To provide speedy and simple redressal of consumer disputes, a quasi-judicial machinery is set up at District, State, Central levels .The three tier system of quasi-judicial are empowered to give reliefs of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non compliance of the orders given by quasi- judicial bodies have also been provided. All of us are consumers of goods and services. For the purpose of the Consumer Protection Act, 1986 the word "Consumer" has been defined separately for "goods" and "services".
6

What is goods? The meaning of the word Goods under the Consumer Protection Act 1986, is same as defined in the Sales of Goods Act, 1930. Sales of Goods Act, 1930 defines goods as Goods mean every kind of movable property other than actionable claims and money. Goods includes stock and shares, growing crops, grass and things attached to or forming part of land which are agreed to be severed before sale or under contract of sale For the purpose of "goods", a consumer means a person, belonging to the following categories: (i)One who buys or agrees to buy any goods for a consideration, which has been paid or promised or partly paid and partly promised or under any system of deferred payment; (ii)It includes any user of such goods, other than the person who actually buys goods and such use is made with the approval of the purchaser. Note: A person who buys goods and uses them himself, exclusively for the purpose of earning his livelihood, by means of self employment is within the definition of the expression consumer What is Service? Service means service of any description which is made available to potential users. It includes provision of facilities in connection with banking, financing, insurance, transport, supply of electricity or any other energy etc. Services however, does not include rendering of any service free of charge or under a contract of personal service [Sec. 2(o)].

For the purpose of "services", a "consumer" means a person, belonging to the following categories: (i) One who hires or avails of any service or services for a consideration, which has been paid or promised or partly paid and partly promised or under any system of deferred payment; (ii) It includes any beneficiary of such service, other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person. A person claiming himself as consumer should satisfy, among others 3 conditions, namely The service should have rendered to him The service should be hired by him He should have paid consideration for hiring service Who is not a consumer? He obtains goods for resale or for any commercial purpose; or Buys goods without consideration; or Hires or avails of any services without consideration; or Uses the goods without the approval of the person who has bought the goods for consideration; or

Is beneficiary of services without the consent of the person who has hired the services for consideration (Sec. 2(1)(d); or

He obtains service under a contract of personal service

Who is Person? [Sec .2(1)(m)] A person by himself has no Locus standi under the Consumer Protection Act .A person has to be a consumer within the definition of the world consumer under the Consumer Protection Act, to get remedy. A person includesi. ii. iii. iv. A firm whether registered or not; A Hindu Undivided Family A Co-Operative Society Every other association or persons whether registered under Societies Registration Act , 1860 or not
v.

It includes both individual and also juristic person. Any company or association or body of individuals whether incorporated or not

vi.

Restrictive Trade Practices Restrictive trade practices means any trade practice which requires a consumer to buy , hire or avail of any goods or, services, as a condition precedent for buying , hiring or availing of other goods or services[ Sec. 2(1)(nn)]. Thus no trader can put any preconditions for sale of particular type of goods or services if the consumer requires to buy, hire or avail of services of other goods and services.

Example: A consumer cannot be compelled to buy air cooler as a condition precedent if he wants to buy air conditioner of a particular make only.

Unfair Trade Practice As in Sec 35A of Monopolies And Restrictive Trade Practices Act, 1969 [Sec. 2 (1) (r)] unfair trade practice means A trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, a trader adopts any unfair method or deceptive practice It is not only related to goods but also to services rendered. Example: Collecting service charges during free guarantee period or collecting repair and service charges but not repairing the goods sold is unfair trade practice and deficiency of services. It includes any of the following activities.
1.

Making Statements. A trader adopts

i.

The practice of making any statement whether orally or in writing or by visible representation which falsely represents that goods are of particular quality, standard, quantity, grade, composition, style or model ; or

ii.

Falsely represents the services are of the particular standard, quality or grade.

2.

Gifts and prizes.

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A trader permits
i.

The offering of gifts, prizes or other items with the intention of not providing them as offered.

ii.

Creating an impression that something is being or offered free of charge when it is fully or partly covered by the amount charged in the transactions completely.

iii.

The conduct of any contest , lottery, game of chance or skill, for the purpose of promoting , directly or indirectly , the sale, use or supply of any product or any business interest.

3. Hoarding of goods. A trader permits the hoardings or destruction of goods, or refuses to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services 4. Sale or supply of goods. A trader permits the sale or supplies of goods intended to be used or are of a kind likely to be used, by consumers knowing or having reason to believe that the goods do not comply with the standards described by competent authority relating to performance, composition contents or reduce the risk of injury to the person using the goods. Goods should be sold or delivered. Note: Sale is a transfer of ownership in exchange for a price paid or promised. 5. Publication.

11

A trader permits the publication of any advertisement whether in newspaper or otherwise for the sale or supply at a bargain price, or for a period and in quantities, that are reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business and the nature of the advertisement. Note: Bargain price means a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise Consumer Protection Councils. Consumer Protection Councils.

Central Consumer Protection Councils Constitution: The Central Consumer Protection Councils consisting of following members, not exceeding 150, namely: i. The minister in charge of Consumer Affairs in the Central Government, who shall be its Chairman; and ii. The other official and nonofficial members representing varied interest. ii.

State Consumer Protection Councils Constitution: Each State Council known as State Consumer Protection Council consisting of following members, namely: i. The minister in charge of Consumer Affairs in the State Government, who shall be its Chairman; and The other official and nonofficial members representing such interests as
12

Government has constituted Central Government may establish a

may be prescribed by the State Government. Term of the council: 3 years Objects of the council:
i.

Term of the council: ----Objects of the council:

i.

Rights of consumers against the marketing of goods which are hazardous to life and property are protected.

To promote and protect the rights of consumers within the state.

ii.

The consumer is informed of the quality, quantity, purity, etc. Of the goods.

Meetings: At least three meetings of the council shall be held every year

Meetings: Meetings held as and when necessary but not less than two meetings shall be held every year

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Consumer Disputes Redressal Agencies:

A three tier system of Consumer Disputes Redressal Agencies in the Districts, States and the Centre is envisaged by Section 9 of the Act. They can be arranged in hierarchy as follows.

National Commission

Top Level

Middle level State Commission

District Forum

Base Level

Consumer Disputes Redressal Agencies Consumer Disputes Redressal Agencies

14

District Form Establishment: A Consumer Disputes Redressal Forum known as District Form is established by State Government in each District of the State [Sec. 2(h) & Sec. 9(a)]. The State Government if it deems fit establish more than one District Forum in a district.

State Commission Establishment: A Consumer Disputes known as State Commission is established by State Government in the 9(b)]

National Commission Establishment: A Consumer Disputes known as National Commission is established by Central Government [Sec .2(k)

Redressal Commission Redressal Commission

state [ Sec. 2(p) & Sec. & Sec. 9(c)]

Its office should be located in Delhi.

Consists: It consists of Consists: Each state 3 members. One of whom is the President. One of the 3 members is a lady social worker. Third member is consists President 2 other members out of which one is woman.

Consists: It consists President 4 other members

15

from field of education, trade or commerce

Jurisdiction: It shall entertain complaint not exceeds Rs.20 lakhs. The complaint instituted in the District Forum within whose jurisdiction the opposite party resides or carries on business or where the cause of action, wholly or in part, arises.

Jurisdiction: It shall entertain the value of goods or services and the compensation claimed exceeds Rs.20 lakhs but does not exceed Rs.1 crore. It has appellate and revision jurisdictions over the District Forums. It is the final apex body in each State.

Jurisdiction: It shall entertain the complaints where the value of goods or services exceeds Rs.1 crore. It has appellate and revision jurisdictions over the State Commissions.

where the claim is does complaints where the

Who can complaint? I.

II.

The consumer himself; or Any recognised consumer association; or The Central or State Government; or One or more consumers having common interest; or In case of death of a consumer, his legal heir or representative.

III.
IV.

V.

Note: A power of attorney holder cannot file a complaint under the Act.
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What is a complaint ? Complaint can be any of the following. The trader has adopted unfair trade practice; The trader has adopted a restrictive trade practice; Goods suffer from defects; Services suffers from deficiency; A trader has charged a price in excess of the fixed price;

Displays hazardous goods without prescribed disclosures

Note:

Defects It means any faults, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by the trader by or under any law for the time being in force or under any contract express or implied or as is claimed by the traders in any manner whatsoever, in relation to any goods [Sec .2(1) (f)].

Deficiency- It means any faults, imperfection, inadequacy or shortcoming in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. [Sec .2(1) (g)].

Excessive Price - A price in excess of the price

1. Fixed by or under any law for the time being in force; or 2. Displayed on goods; or

17

3. Displayed on any package containing such goods.

Hazardous Goods In respect of goods which are hazardous to life and safety, traders shall display information regarding the contents, manner and effect of use of such goods.

Trader A person who sells the goods or distributes the goods for sale, manufacturer of goods for sale or packer of goods, is a trader.

Manufacturer A person, who makes any goods or parts thereof, assembles parts of the goods, puts his own mark on goods manufactured by any other manufacturer, is a manufacturer.

How to file a complaint ?

A complaint can be filed on plain paper. It should contain 1. The name description and address of the complainant and the opposite party. 2. The facts relating to complainant and when and where it arose. 3. Documents in support of allegations in the complaint 4. The relief which the complainant is seeking 5. The complaint should be signed by the complainant or his authorised agent.

No lawyer required for filing the complaint.

Fees Seria Total value of goods or services and Amount of fee

18

l no.

the compensation claimed

payable.

District Forum 1. Upto Rs.1 lakh ( For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana cards) 2. Upto Rs.1 lakh ( For complainant other than holders of Antyodaya Anna Yojana cards) 3. 4. Above Rs. 1 lakh and upto Rs.5 lakhs. Above Rs. 5 lakhs and upto Rs.10 lakhs. 5. Above Rs. 10 lakhs and upto Rs.20 lakhs. State Commission 1. Above Rs. 20 lakhs and up to Rs.50 lakhs. Above Rs. 50 lakhs and up to Rs.1 crore. National Commission. 1. Above Rs. 1 crore. Rs.5000 Rs.4000 Rs.2000 Rs.500 Rs.200 Rs.400 Rs.100 Nil

Limitation Period. A complaint with District Forum/ State Commission/ National Commission, with their respective jurisdiction, must be filed within 2 years from the date on which the cause of action has arisen. However, the authority may condone the

19

delay on being satisfied by the complainant and after recording the reasons for the same. Procedure on Admission of complaint. Complaint relating to goods.

On admission of a complaint, the appropriate authority shall refer a copy of the same to the opposite party directing him to give his version of the case within 30 days, which may be extended by another 15 days.

If the opposite party denies or disputes the allegations, or fails to take any action to represent his case within the stipulated time, the authority, in case of allegedly defective goods, shall obtain a sample and refer it for analysis and tests to the appropriate laboratory for its report within 45 days, the complainant is required to deposit the prescribed fees for the same.

On receipt of the report the concerned authority should forward with its remarks to the opposite party.

If any objection raised by any parties in terms of the correctness of the reports, the methods of tests should be submitted in writing.

Thereafter, the authority shall give reasonable opportunity to both the parties of being heard as to the correctness or otherwise of the laboratorys report and issue an appropriate order.

Complaint relating to services. If the complaint relates to a service the authority shall, after getting the version of the opposite party, ask both the parties to produce evidence in support of their respective claims, examine the evidence, hear the parties and pass appropriate orders.

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Interim relief. The District Forum may pass during the pendency of proceeding before it, such interim order as is just and proper in the facts and circumstances of the case. Speedy trial of cases. Complaint shall be decided within 3 months from the date of the receipt of notice by the opposite party where the complaint does not require testing or analysis of the commodities and within 5 months if it requires testing or analysis of the commodities.

District Forum should not grant adjournment unless sufficient cause is shown.

If the complaint disposed of after the period so specified, the forum shall record in writing, the reasons for the same at the time of disposing the complaint. Service of notice.

The service of notice may be made by delivering or transmitting a copy thereof by Registered A.D. duly addressed to opposite party.

It may be made by speed post, courier services as approved by District Forum/ State Commission/ National Commission or any of the means including Fax as the case may be.

Powers of District Forum/ State Commission/ National Commission. It shall have the same powers as vested in the Civil Court.

It has power to examine books, documents or commodities and can authorise any officer to search any premises.

21

 It has the powers to direct the opposite party to rectify the defects or to replace the goods with new goods with renewal of guarantee or warranty period.

It also has power to direct payment of compensation to the complainant.

Relief Available under the Act. If the authority is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things. To remove the defect pointed out by the appropriate laboratory. To replace the goods with new goods which shall be free from defect. To return to the complainant the price of goods or the changes for service.

To pay to the complainant such amount, as may be awarded, as compensation for any loss or injury suffered by the consumer due to negligence of the other party.

To discontinue the unfair or restrictive trade practice and not to repeat it. To provide for adequate costs to the parties.

To remove the defects in goods or deficiencies in the services in question. Not to offer hazardous goods for sale and to withdraw the hazardous goods.

To provide for adequate costs to parties.

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 To issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement.

To cease manufacture of hazardous goods and to desist from offering services which are hazardous goods.

To pay such sum as may be determined by if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently.

Finality of Orders. Every order of a District Forum/ State Commission/ National Commission shall be final if o appeal has been preferred against such order under the provisions of this Act. Appeals.

An appeal shall be filed within a period of 30 days from the date of the order. The delay may be condoned on the aggrieved party showing sufficient cause. Every memorandum of appeal shall be accompanied by a certified copy of the order appealed from.

As per Consumer Protection Act (Amendment), 2002, a person who is required to pay amount in terms of the order of the redressing agency, shall deposit either 50% of the amount of compensation or fine or the

23

amount mentioned below whichever is less before the admission of the appeal Rs.25,000 - in case of appeal to State Commission Rs.35,000 - in case of appeal to National Commission Rs.50,000- in case of appeal to Supreme Court

From the order of the District Forum, an appeal shall lie to the State Commission.

From the order of the State Commission, an appeal shall lie to the National Commission.

From the order of the State Commission, an appeal shall lie to the Supreme Court.

Where no appeal lies, like interlocutory orders passed by the District Forum, the State Commission may under its supervisory or revision jurisdiction call for the records and pass appropriate orders.

Enforcement of Orders Where an interim order made under the Act is not complied with, the concerned Forum or Commission may order the property of the person, not complying with such order to be attached. Dismissal of Frivolous or Vexatious Complaints. Where a complaint filed before the District forum/ State Commission/National Commission is found to be frivolous or vexatious, the forum concerned after
24

recording the reasons in writing, dismiss the complaint and order the complainant to pay to the opposite party such costs, not exceeding Rs.10,000 as may be specified in the order. Penalties Where a trader or a person against whom a complaint is made or the complainant fails or omits to comply with an order of the District forum/ State Commission/National Commission, shall be punished with the imprisonment for a term of not less1 month but may extend to 3 years or with fine shall not be less than Rs.2,000 but which may extend to Rs.10,000 or with both.

Details of Consumer Protection Act (Amendment), 2002.

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THECONSUMER PROTECTION (AMENDMENT) ACT, 2002 [Act, No. 62 of 2002] [17thDecember, 2002] PREAMBLE An Act further to amend the Consumer Protection Act, 1986. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-Section 1 - Short title, extent, commencement and application (1) This Act may be called the Consumer Protection Act, 1986. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date1as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act. (4) Save as otherwise expressly provided by the Central Government by notification, this Act shall apply to all goods and services. The provisions of Chapters I, II and IV of this Act have come into force in the whole of India except the State of Jammu and Kashmir on 15-4-1987: vide Notification No. S.O. 390 (E), dated 15th April, 1987, published in the Gazette of India, 1987, Extra., Pt. II, Sec. 3 (ii). The provisions of Chapter III of this Act have come into force in the whole of India except the State of Jammu and Kashmir on 1-7-1987: vide Notification, No. S.O. 568 (E), dated 10th June, 1987, published in the Gazette of India, 1987, Extra., Pt. II, Sec. 3 (ii). Amendment of section 2

26

In the Consumer Protection Act (68 of 1986) (hereinafter referred to as the principal Act), in section 2, in sub-section (1)(a) 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;"; (b)In clause (c),-(i) In sub-clause (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 relating to safety of such goods as required to be complied with, by or under any law for the time being in force; (b) If the trader could have known with due diligence that the goods so offered are unsafe to the public;

27

(vi) Services which are hazardous or likely to 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 diligence to be injurious to life and safety;"; (c) In clause (d),-(i) In sub-clause (ii), the following words shall be inserted at the end, namely:-"But does not include a person who avails of such services for any commercial purpose"; (ii) For the Explanation, the following Explanation 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 selfemployment;'; (d) For clause (j), the following clause shall be substituted, namely:-'(j)"manufacturer" means a person who-(i) Makes or manufactures any goods or parts thereof; or (ii) Does not make or manufacture any goods but assembles parts thereof made or manufactured by others; or (iii) Puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer; (e) For clause (nn), the following clauses shall be substituted, namely:-'(nn)"regulation" means the regulations made by the National Commission under this Act;

28

(nnn)"restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its 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, services as condition precedent to buying, hiring or availing of other goods or services;'; (f) 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; (g) After clause (o), the following clause shall be inserted, namely:-'(oo)"spurious goods and services" mean such goods and services which are claimed to be genuine but they are actually not so; (h) In clause (r),-(i) 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 the scheme was originally advertised;."; (ii) After sub-clause (5), the following sub-clause shall be inserted, namely:--

29

"(6) Manufacture of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services." Amendment of section 4 In section 4 of the principal Act, in subsection (1), for the words "The Central Government may", the words "The Central Government shall "shall be substituted. Amendment of section 7 In section 7 of the principal Act,-(a) In sub-section (1), in the opening portion, for the words "The State Government may", the words "The State Government shall" shall be substituted; (b) In sub-section (2), after clause (b), the following clause shall be inserted, namely:-"(c) Such number of other official or non-official members, not exceeding ten, as maybe nominated by the Central Government." Insertion of new sections 8A and 8B After section 8 of the principal Act, the following sections shall be inserted, namely:-"8A.The District Consumer Protection Council.--(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:-30

(a) The Collector of the district (by whatever name called), who shall be its Chairman; and (b) 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 as such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. 8B.Objects of the District Council.The objects of every District Council shall be to promote and protect within the district the rights of the consumers laid down in clauses (a) to (f) of section6." Amendment of section 10 In section 10 of the principal Act,-(a) In sub-section (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 than 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 years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
31

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 undercharged 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 Government, 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 disqualifications as may be prescribed by the State Government;"; (b) 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 Judge of that High Court to act as Chairman."; (c) 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 up to 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 up to the age of sixty-five years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment

32

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 who is required to be appointed under the provisions of sub-section (1A) in place 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 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." (d) 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." Amendment of section 11 In section 11 of the principal Act, in subsection (1), for the words "does not exceed rupees five lakhs", the words "does not exceed rupees twenty lakhs" shall be substituted. Substitution of new section for section12 For section 12 of the principal Act, the following section shall be substituted, namely:--

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12.Manner in which complaint shall be made.--(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by-(a) The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) Any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not; (c) One or more consumers, where there are numerous consumers having the same interest, with 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 the 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 sub-section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.

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(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 purposes of this section, "recognised consumer association" means any voluntary consumer association registered under the Companies Act, 1956 (1of 1956) or any other law for the time being in force.' Amendment of section 13 In section 13 of the principal Act,-(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 complaint, within twenty-one days from the date of its admission to the opposite party 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 fifteen days as may be granted by the District Forum;" (c) In sub-section (2),--

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(i) In the opening portion, for the words "complaint received", the words "complaints admitted" shall be substituted; (ii) In clause (b), in sub-clause (ii), for the words "on the basis of evidence", the words "expert 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 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." (d) After sub-section (3), the following sub-sections shall be inserted, namely:-"(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 date 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 ordinarily granted by the District Forum unless sufficient cause is 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 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 the said complaint.

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(3B)Where during the pendency 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 Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.". Amendment of section 14 In section 14 of the principal Act,-(a) In sub-section (1),-(i) In clause (d), the following proviso shall be inserted, namely:-"Provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit;"; (ii) In clause (e), for the words "removes the defects", the words" removes the defects in goods" shall be substituted; (iii) 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 been suffered by a large number of consumers who are not identifiable conveniently:
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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 services provided, as the case maybe, to such consumers: Provided further that the amount so obtained shall be credited in favour of such person and utilised in such manner as may be prescribed; (hc)to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;"; (b) 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 President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member." Amendment of section 15 In section 15 of the principal Act, after the proviso, the following provision shall be inserted, namely:-"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 per cent, of that amount or twenty-five thousand rupees, whichever is less.".

Amendment of section 16 In section 16 of the principal Act,--

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(a) In sub-section (1), for clause (b) and the 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, and one 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 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 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 a judicial 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, 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 undercharged insolvent; or (c)Is of unsound mind and stands so declared by a competent court; or

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(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 Government, 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 disqualifications 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 in charge of the Department Dealing with Consumer Affairs 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 the Chief 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 Benches thereof. (ii)A Bench may be constituted by the President with one or more members as the President may deem fit.

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(iii)If the members of a Bench differ in opinion 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 himself or refer the case for hearing on such point or points by one or more or the 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."; (c) In sub-section (2), 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 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 up to the age of 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 the age of sixty-seven years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of subsection (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 shall also be eligible for re-appointment in the manner provided in clause (a) of subsection(1) of this section:

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Provided also 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 who is required to be appointed under the provisions 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.". Amendment of section 17 Section17 of the principal Act shall be renumbered as sub-section (1) and in sub-section (1) as so re-numbered,-(a) In clause (a), in sub-clause (i), for the words "exceeds rupees five lakhs but does not exceed rupees twenty lakhs", the words "exceeds rupees twenty lakhs but does not exceed rupees one crore" shall be substituted; (b) After sub-section (1) as so renumbered, 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

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(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 permission of the State Commission is given or the opposite parties who do not reside 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 action, wholly or in part, arises.". Insertion of new sections 17A and 17B After section 17 of the principal Act, the following sections shall be inserted, namely:-"17A.Transfer of cases.On the application of the complainant 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.Circuit Benches.The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may, in consultation with the State Commission, notify in the Official Gazette, from time to time.". Omission of section 18A Section18A of the principal Act shall be omitted.

Amendment of section 19

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In section 19 of the principal Act, after the first proviso, the following provision shall be inserted, namely:-"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 thousand, whichever is less.". Insertion of new section 19A After section 19 of the principal Act, the following section shall be inserted, namely:-"19A.Hearing of appeal.An appeal filed before the State Commission or the National Commission shall be heard as expeditiously as possible and an endeavour 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 ordinarily granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission: Provided further that the State Commission or the National Commission, as the case maybe, shall make such orders as to the costs occasioned by the adjournment as maybe 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 reasons for the same at the time of disposing of the said appeal.".

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Amendment of section20 In section 20 of the principal Act,-(a) In sub-section (1), for clause (b) and the proviso, the following clause shall be substituted, namely:-"(b) Not less than four, and not more than such number of members, as may be prescribed, and one 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 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 per cent, of the members shall be from amongst the persons having a judicial 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 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--

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(a) Has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central 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 Central Government, 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 disqualifications as may be prescribed by the Central Government: Provided also that every appointment under this clause shall be made by the Central Government on the recommendation of a Selection Committee consisting of the following, namely:-(a) A person who is 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 the Government of India (c) Secretary of the Department dealing with --Member." Consumer Affairs in the Government of India (b) 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.

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(ii) A Bench may be constituted by the President with one or more members as the President may deem fit

(iii) If the Members of a Bench differ in opinion 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 himself or refer the case for hearing on such point or points by one or more or the 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."; (c) For sub-sections (3) and (4), the following sub-sections shall be substituted, namely:-"(3)Every member of the National Commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier: Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of seventy years, whichever is earlier, subject to the condition that he fulfils 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 addressed to the Central Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person
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possessing 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 provisions 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 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." Amendment of section21 In section 21 of the principal Act, in clause (a), in sub-clause (i), for the words" rupees twenty lakhs", the words "rupees one crore" shall be substituted. Substitution of new sections for section 22 For section 22 of the principal Act, the following sections shall be substituted, namely:-"22. Power and procedure applicable to the National Commission.-(1) The provisions of sections 12, 13 and 14 and the rules made there under for the disposal of complaints by the District 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 subsection (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.Power to set aside ex parte orders.--Where an order is passed by the National Commission ex parte against the opposite party 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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22B.Transer of cases On the application of the complainant or of its own motion, the National Commission may, 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 Forum of another State or before one State Commission to another State Commission. 22C.Circuit Benches.The National Commission shall ordinarily function at New Delhi and perform its functions at such other place as the Central Government may, in consultation with the National Commission, notify in the Official Gazette, from time to time. 22D.Vacancy in the office of 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 amongst such members, shall preside over the National Commission in the absence of President of that Commission." Amendment of section 23 In section 23 of the principal Act, after the proviso, the following provision shall be inserted, namely:-"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."

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Substitution of new section for section25 For section 25 of the principal Act, the following section shall be substituted, namely:-"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." Amendment of section 27

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In section 27 of the principal Act,-(a) The proviso shall be omitted; (b) After the proviso so omitted, the existing section 27 shall be re-numbered as sub-section (1) and after sub-section (1) as so renumbered, the following subsections shall be inserted, namely:-"(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974), 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. (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." Insertion of new section 27A After section 27 of the principal Act, the following section shall be inserted, namely:-"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.

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(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." Insertion of new section 28A After section 28 of the principal Act, the following section shall be inserted, namely:-"28A.Service of notice, etc.--(1) All notices, required by this Act to be served, shall be served in the manner hereinafter mentioned in subsection (2). (2) The service of notices may be made by delivering or transmitting a copy there of 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 Commission or the National Commission, as the case may be, or by any other means of transmission of documents (including FAX message). (3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the District Forum, the State Commission or the National Commission, as the case may be, 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 authorised by the
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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, the District Forum or the State Commission or the 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 acknowledgment due, a declaration referred to in this subsection shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the District Forum, the State Commission or the National Commission, as the case maybe, 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.". Amendment of section 29 In section 29 of the principal Act, after sub-section (2), the following subsections shall be inserted, namely:--

"(3) If any difficulty arises in giving effect to the provisions of the Consumer Protection (Amendment) Act, 2002, the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:

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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." Substitution of new section for section30 For section 30 of the principal Act, the following section shall be substituted, namely:-"30.Power to make rules.--(1)The Central Government may, by notification, make rules for carrying out the provisions contained in clause (a) of sub-section (1) of section 2, clause (b)of sub-section (2) of section 4, sub-section (2) of section 5, sub-section (2)of section 12, clause (vi) of sub-section (4) of section 13, clause (hb) of sub-section (1) of section 14, section 19, clause (b) of subsection (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-section (2) and subsection (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-section(3) of section 14, section 15 and clause (b) of sub-section (1) and sub section(2) of section 16 of this Act.". Insertion of new section 30A After section 30 of the principal Act, the following section shall be inserted, namely:--

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"30A.Power of the National Commission to make regulations.--(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 power, 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". Substitution of new section for section31 For section 31 of the principal Act, the following section shall be substituted, namely:-"31.Rules and regulations to be laid before each House of Parliament.-(1) Every rule and every regulation made under this Act shall be laid, as soon 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 rule 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 previously done under that rule or regulation. (2)Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature."

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Important Schemes for Consumer Protection Following are the important Schemes for Consumer Protection:

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 Every year the Government makes budgetary provisions for the Consumer Welfare Fund and it is spent on Consumer Protection related matters.

There are many Voluntary Consumer Organisations. Since these contribute to the welfare of the consumers and create awareness, such organisations are given assistance for their work.

The Central Government has started a Scheme, under which the Voluntary Consumer Organisations, which do commendable work in the Consumer Protection field are granted Rs.50,000/-,Rs.40,000/- & Rs.30,000/- along with Merit Certificate.

Similarly, there is National Youth Scheme, under which the Youths between 15-35 years age-group are given Rs.20,000/-,Rs.15,000/- & Rs.10, 000/- along with Merit Certificate for their contribution in consumer field. The State Government recommends the names received from the Consumer Organisations to the Central Government.

To create awareness in the School/College students, lectures are given in each district and for that purpose visiting lecturers are appointed. Apart from the above, the Government has created Consumer Protection Cells at the District level under the Chairmanship of the Collector. The Cell consists of 17 unofficial members from different Consumer Organizations, representatives of Gas dealers, petrol dealers & Traders' Organizations apart from the Senior Officers at District level connected with consumer goods/services. The meetings of the Cell are held every month and consumer problems are solved on the spot and many other problems are settled after regular follow-u
Complaint Form
Form for complaint under the Consumer Protection Act, 1986.

57

In the complaint case No. Before the Honble District Forum Or Before the State Commission Or Before the National Commission Complaint No. In the matter of Name and Address of complainant/complainants Of

Versus Name and Address of opposite party/parties

I/We, the above named complainant/complainants respectfully state before Forum/Commission the complaint as follows: It is therefore prayed

Honble

(i) That opposite party be directed to refund the amount paid by the complainant to the tune of
Rs.

(ii) Complainant may please be compensated to the tune of Rs.

Mental agony and harassment caused to him/her in the due course.

for the

(iii) Cost of litigation may also be awarded suitably.

Place: Date:

Signature of Complainant (Name of Complainant)

58

Verification I s/o aged, the above named

complainant do hereby solemnly declare that the particulars stated above are true to the best of my knowledge and belief and nothing has been conceal therein. I further certify that annexure I, II and III appended to the complaint are the true copies of original documents. Verified at this day of Annexure I. Annexure II. Annexure III. Signature of Complainant (Name of Complainant/Deponent)

a) b) c)

Charan Singh Vs. Healing Touch Hospital and others - Sep 20 2000

Citation: AIR 2000 SC 3138 Honourable Judges: Dr. A.S. ANAND, C.J.I., M.B. SHAH AND K.G. BALAKRISHNAN Issue: Consumer Protection Act (68 of 1986), Section 21 Date Of Judgment: Sep 20 2000 Case No: Civil Appeal No. 767 of 2000

Judgement Dr. A.S. ANAND, C.J.I.:1. This appeal under Section 23 of the Consumer Protection Act, 1986 is directed against an order of the National Consumer Disputes Redressal Commission, New Delhi (hereinafter the "National Consumer Forum") dated 9th August, 1999 dismissing a complaint filed by the appellant, without expressing any opinion on the merits of the case, but granting liberty to the

59

appellant to "make a realistic claim" and move the State Commission or the District Forum, as the case may be in accordance with law. The National Consumer Forum further directed that time spent before it, should be taken into account for purpose of computing period of limitation by the appropriate forum where the appellant moves his complaint. 2. With a view to dispose of this appeal, we would refer only to minimal relevant facts as emerge from the record before us. 3. In 1993, according to the appellant, he went to the Healing Touch Hospital, respondent No. 1 for treatment of stomach ache and burning sensation while passing urine. He was examined by respondent No. 2, Dr. A.J.S.Juneja, who admitted him in respondent No. 1 hospital on 12-1-1993 for an operation for removal of "stone from the Urethra." At the time of operation, it was respondent No. 4 Dr. Sunil Seth, who administered spinal anaesthesia to the appellant. Operation was performed. Certain complications, according to the appellant, arose on account of negligence of respondent No. 1 hospital and its team of doctors, both in the administration of spinal anaesthesia and performing the operation. According to the appellant, he was paralysed on the right hand side of his body. He complained and was prescribed some medicines and discharged from the hospital. Despite taking the prescribed medicines, there was no improvement. He also started passing blood along with urine. On 1st February, 1993 the appellant again went to respondent No. 1 hospital and met respondent No. 2, Dr. Juneja, who once again admitted him to the hospital. On 9th of February, 1993 the appellant was advised to undergo another operation to stop passing of blood with urine. The appellant claims that he was taken to the operation theatre and after administering anaesthesia to him, when he was in a drowsy state, respondents Nos. 2 and 3, obtained his signatures on some papers. On 10-21993 after the appellant regained consciousness, respondents Nos. 2 and 3 told
60

him that he would be discharged from the hospital within a couple of days. The right side of his body was, however, still paralytic and he complained about it to the doctors at the hospital. According to the appellant, on 18-2-1993 he was discharged from respondent No. 1 hospital in the same paralytic condition. He was prescribed some medicines which he kept on taking. Since, paralytic condition continued, the appellant went back to respondent No. 1 hospital where respondent No. 2 asked him to go away and not to return to the hospital ever again. Appellant claims that, he thereafter went to Medical Diagnostic Centre, Hauz Khas, New Delhi. On examination of his discharge slip and after undertaking certain other tests, the appellant was told by the Diagnostic Centre, that his left kidney had been removed. The appellant was shocked to hear this and went back to respondent No. 3 in the hospital, who told him to meet respondents Nos. 2 and 4. He asked them how they had removed his left kidney during the second operation without his knowledge or consent. Nobody was willing to talk to him in the hospital and he was made to go from one doctor to another. Finally, he was turned away from the hospital without providing any explanation. According to the appellant, as a result of the negligence of doctors at respondent No. 1 hospital, he has become disabled and handicapped with his right side being paralysed, for which has to use crutches. His kidney has also been 'illegally' removed. He states that, as a result, he also lost his job with M/s. Durga Lakshmi Builders where he was serving prior to his operation. He states that he had to spend a fortune for paying the exorbitant bills of the doctors and the hospital besides medicines, tests and for his upkeep. The appellant, thereupon, filed a complaint in the National Consumer Forum and claimed Rs. 34 lakhs by way of compensation from the respondents in 1993 on various grounds, under different heads. 4. The respondents were put to notice. They filed their counter statements and replies, to which the appellant also filed his rejoinder. While the matters rested thus, the National Consumer Forum passed the impugned order referred to
61

above, six years after the complaint was filed, on 9th August, 1999. Hence this appeal. 5. The appellant appeared in person before us in this appeal and the Court issued notice. It appeared to the Court that on account of his disabilities and handicap, the appellant was not in a position to properly assist the Court. We, therefore, requested Ms.Indira Jaising, learned senior counsel, who was present in Court, to appear as amicus curiae, which she readily agreed. 6. We have heard learned counsel for the parties.

7. The impugned order of the National Consumer Forum is very brief. While dismissing the complaint and relegating the appellant to approach either the District Forum or the State Commission, the National Consumer Forum inter alia observed: "The Complainant was drawing a salary of Rs. 3,000/- plus allowances. This is his allegation which is not admitted by the Opposite Party. Even if we accept this contention is correct and even if we accept that as a result of wrong treatment given in the Hospital he has suffered permanent disability, the claim of Rs. 34 lakhs made by the Complainant is excessive. We are of the view that this exaggerated claim has been made only for the purpose of invoking the jurisdiction of this Commission." (Emphasis ours) 8. The National Consumer Forum, in our opinion, was not fair in disposing of the complaint of the appellant by styling his claim as "excessive" or "exaggerated," after six years of the pendency of the complaint, and asking the appellant to move the State Commission or the District Forum by making "a realistic claim." Whether the claim of the appellant was "realistic",

62

"exaggerated" or "excessive", could only have been determined after the appellant had been given an opportunity to prove the case he had set up and established his claim under various heads. It was not fair to call his claim "unrealistic", "exaggerated" or "excessive" without giving the appellant an opportunity to substantiate his case. 9. Ms.Indira Jaising, learned Amicus, submitted that according to the appellant he had suffered paralysis on the right side and had also become permanently disabled and his one kidney had been illegally removed. The appellant had on that account suffered pain and suffering. He had also undergone heavy expenditure for his operations, upkeep, tests medicines etc. He had lost his job. Learned counsel submitted that the appellant should have been given an opportunity to substantiate his claim and the National Consumer Forum was not justified to observe that the claim put forward by the appellant was "unrealistic", "exaggerated" or "excessive" after referring to the salary of the appellant only.

According to Ms. Jai Singh, the National Consumer Forum was not right in scuttling an enquiry into the claim of the appellant, in 'liming' after keeping him waiting for six long years. According to her, the impugned order violates the spirit with which the Consumer Protection Act was enacted. Learned counsel for the respondents, however, submitted that the claim of the appellant was "exaggerated" and "excessive" and the Forum rightly rejected it, without giving any finding on merits so as not to prejudice the case of the appellant before the District Forum or the State Commission. 10. After hearing learned counsel for the parties and perusing the record, we are constrained to say that we are not happy with the manner in which the complaint of the appellant been disposed of.

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11. Consumer Protection Act is one of the benevolent pieces of legislation intended to protect a large body of consumers from exploitation. The Act provides for an alternative system of consumer justice by summary trial. The authorities under the Act exercise quasi judicial powers for redressal of consumer disputes and it is one of the postulates of such a body that it should arrive at a conclusion based on reason. The necessity to provide reasons, howsoever, brief in support of its conclusion by such a forum, is too obvious to be reiterated and needs no emphasising. Obligation to give reasons not only introduces clarity but it also excludes, or at any rate minimizes, the chances of arbitrariness and the higher forum can test the correctness of those reasons. Unfortunately we have not been able to find from the impugned order any reasons in support of the conclusion that the claim of the appellant is "unrealistic" or "exaggerated" or "excessive". Loss of salary is not the sole factor which was required to be taken into consideration.

12. While quantifying damages, consumer forums are required to make an attempt to serve ends of justice so that compensation is awarded, in an established case, which not only serves the purpose of recompensing the individual, but which also at the same time, aims to bring about a qualitative change in the attitude of the service provider. Indeed, calculation of damages depends on the facts and circumstances of each case. No hard and fast rule can be laid down for universal application. While awarding compensation, a Consumer Forum has to take into account all relevant factors and assess compensation on the basis of accepted legal principles, on moderation. It is for the Consumer Forum to grant compensation to the extent it finds it reasonable, fair and proper in the facts and circumstances of a given case according to established judicial standards where the claimant is able to establish his charge.

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13. It is not merely the alleged harm or mental pain, agony or physical discomfort, loss of salary and emoluments etc. suffered by the appellant which is in issue - it is also the quality of conduct committed by the respondents upon which attention is required to be founded in a case of proven negligence. 14. It must be remembered that National Consumer Forum has jurisdiction without pecuniary limitations, to award proper compensation, even less than the one claimed in a given case, depending upon the established facts and circumstances of that particular case and the evidence led by the parties. The District Commission and the State Forum, on the other hand, have pecuniary jurisdictional limitations for granting compensation beyond their jurisdictional limits. Under Section 11(1) of the Consumer Protection Act, 1986, the District Forum has jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed does not exceed Rs. 5 lakhs. Section 17(a) of the Act provides that State Commission shall have jurisdiction to entertain complaints where the value of goods or services and compensation, if any, claimed exceeds Rs. 5 lakhs, but does not exceed Rs. 20 lakhs. In view of these jurisdictional limitations of the District Forum and the State Commission, these bodies would not be able to award compensation, even if satisfied in a given case that the complainant was entitled to more compensation than what he had claimed, beyond their pecuniary jurisdiction. 15. That apart, in the present, case, complaint petition filed by the appellant for compensation was pending before the National Consumer Forum for six long years. The pleadings had been completed. The National Consumer Forum should have taken the complaint to its logical conclusion by asking the parties to adduce evidence and rendered its findings on merits. A mathematical calculation based only on the amount of salary being drawn by the appellant could not be the sole factor to be taken into consideration to style the claim of the appellant "unrealistic" or "exaggerated" or "excessive." The appellant has
65

virtually been condemned unheard after waiting for six long years. The legislative intent, for enacting the legislation, of a speedy summary trial, to settle the claim of the complainant (consumers) has been respected in its breach. The spirit of the benevolent legislation has been overlooked and its object frustrated by non-suiting the appellant in the manner in which it has been done by the National Consumer Forum. The consumer forums must take expeditious steps to deal with the complaints filed before them and not keep them pending for years. It would defeat the object of the Act, if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Steps in this direction are required to be taken in the right earnest. 16. We, therefore, accept this appeal, set aside the impugned order of the National Consumer Forum and remand the complaint filed by the appellant to the National Consumer Forum for its disposal in accordance with law. 17. We clarify that what we have said above shall not be construed as any expression of opinion on the merits of the case, or the rights of the parties. The complaint shall be decided on its own merits in accordance with law. 18. We request the National Consumer Forum to dispose of the complaint of the appellant expeditiously. 19. Before parting with this order, we wish to place on record our appreciation for the assistance rendered by learned Amicus, Ms.Indira Jaising.

66

Bibliography
Websites:

www.manupatra.com www.legalpundits.com www.google.com

Books: Nabhi. K.R.Bulchandani.

67

Epilogue
Charan Singh v/s Healing Touch Hospital & ORS. Case Status : Disposed Status of : Appeal Civil 767 OF 2000

Date of Disposal : 20/09/2000 The appellant filed a complaint in the National Consumer Forum and claimed Rs. 34 lakhs by way of compensation from the respondents in 1993 on various grounds, under different heads. 2. The respondents were put to notice. They filed their counter statements and replies, to which the appellant also filed his rejoinder. While the matters rested thus, the National Consumer Forum passed the impugned order referred to above, six years after the complaint was filed, on 9th August, 1999. On account of appellant disability court issued a notice thereby requesting Ms.Indira Jaising,

1.

3.

68

learned senior counsel, who was present in Court, to appear as amicus curiae, which she readily agreed. Complaint petition filed by the appellant for compensation was pending before the National Consumer Forum for six long years. The pleadings had been completed. The National Consumer Forum should have taken the complaint to its logical conclusion by asking the parties to adduce evidence and rendered its findings on merits. A mathematical calculation based only on the amount of salary being drawn by the appellant could not be the sole factor to be taken into consideration to style the claim of the appellant "unrealistic" or "exaggerated" or "excessive". 6. The appellant has virtually been condemned unheard after waiting for six long years. Supreme Court thereby requests the National Consumer Forum to dispose of the complaint of the appellant expeditiously.

4.

5.

7.

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Comments Consumer Protection Act is one of the benevolent pieces of legislation intended to protect a large body of consumers from exploitation. It is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive piece of legislations, enacted for the protection of consumers. It was enacted after studying thoroughly the consumer protection laws in a number of countries and in consultation with representatives of consumers, trade and industry and extensive discussions within the Government. The main objective of the act is to provide for the better protection of consumers. Unlike existing laws, which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple and inexpensive redressal to the consumers' grievances, and reliefs of a specific nature and award of compensation, wherever appropriate, to the consumer. The Act provides for an alternative system of consumer justice by summary trial. It should incorporated alternatives where a common man receives speedy justice. In the above mentioned case we can see what all a common man named Charan Singh had to go through to get justice. Charan Singh who was working in M/s. Durga Lakshmi Builders and was earning his livelihood went to a doctor complaining about his stomach pain and about burning
70

sensation while passing urine. After the test report came he was been told that he needs to undergo an operation for removal of "stone from the Urethra." He agreed to it feeling that after this he would get relief from his problems. But this was just the beginning of his sufferings that was unknown to him. Immediately after the operation his right hand side got paralysed. He was been told by doctor that he will get fine in some time and advised him to take the medicines prescribed to him. He took medicines hoping that things will get back to normal. But no there was something else stored for him. His problem did not get solved in fact it got worsened, he started passing blood from his urine. After 1 month he went to the hospital. He was asked to undergo another operation to stop the passing of blood in his urine. This man who was already in such a bad state was not even shown some kind of mercy. But on the other hand his signatures were taken on some kinds of paper when he was in drowsy state.

There it proves how cruel and inhuman the doctors were. On further diagnosis by another diagnostic centre named Medical Diagnostic Centre, Hauz Khas, New Delhi.. The harsh truth came in front of Charan Singh. His left kidney was removed without his consent. How can court be so lenient to such cruel people. It was such an in human act. To trouble a person who was already paralysed . To remove his kidney according to me was a heinous crime. Charan Singh who will never be able to live a normal life again after his right hand side got paralysed and he lost his job as a result of his disability. He had to struggle for 6 long years to get justice. No doubt that there are various provisions provided in Consumer Protection Act, but expeditious steps need to be taken by consumer forums to deal with the complaints filed before them and not keep them pending for years. Steps in this direction are required to be taken in the right earnest. It would defeat the object of the Act, if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Charan Singh who was undergoing mental, physical, emotional and financial torture would at least find some relief through the monetary compensation. He has lost his job, he has become disable and has to incur various expenses like medicines, tests and daily expenses. Efforts should have been made to provide justice to him in less time and not making him wait for 6 long years taking in view his

71

disability, loss of job, and his financial position. Charan Singh approached the National Commission as he claimed for 34,00,000 as it is within the jurisdiction of National Commission. Culprits were just been charged with the compensation that they should give to Charan Singh that was Rs.34,00,000. They even found this compensation in excess and they appealed for the same by stating in the appeal that his claim is unrealistic", "exaggerated" or "excessive. On those lines his salary was taken in to consideration that he earned Rs.3,000 only per month. His claim was declared to be unrealistic and Charan Singh was asked to move to District Forum Or State Commission and make a realistic claim. He did not accept the defeat and appealed for the same in Supreme Court. Supreme Court declared his claim as realistic asked National Consumer Forum to dispose of the complaint of the appellant expeditiously.

People who are responsible for disturbing a persons normal life how can they be forgiven so easily. That is not right in anyway. They deserve a hard core punishment for the sin they committed. According to me. Those Doctors license should have been taken and they should not be allowed to practice ever again. They should also be given imprisonment. How can they live their life very freely on just giving the compensation. They deserve to be given a big time punishment. To play with someones life is not a joke. They should realise this fact. And others will learn not do such a crime only if these doctors are punished. The judgement of the court should have been such that it sets an example in front of the world. We who trust doctor and give them the status of God. We go to them to get relief from your pain . And this is what they do. They play with the trust of a normal man. It means that it is better to be in pain than to enter into hell by going to take help from them. If they do such a crime then dont they deserve to be punished big time. This man who went through physical, mental, financial and emotional torture gets justice so late. The appellant has virtually been condemned unheard after waiting for six long years. Is this what our judicial system is all about. However necessary Amendment have been made in the Consumer Protection Act, in 2002

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Following is the amended section 23, Amendment of section 23 In section 23 of the principal Act, after the proviso, the following proviso shall be inserted, namely:-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.

At present there is a very big kidney racket been operated nationwide. Dr Amit the person who very much in lame light these days. He was very much confident that he will be able to get free by using the power of his money. He tried to take one of the police man in his confidence. But his efforts got wasted. Strict action are been taken against him. People are forced to donate their kidney or are been operated unknowingly by him. His crime cannot be forgived. Our Judicial system need to take a very string move in this direction. Hope that people who have suffered because of him are satisfied from the judgement of the court for the sin he has done. Culprits should not be subject to a decent kinds of punishment. A person who can play with any ones life for his self interest does not deserved to be forgived. Our judicial system should come up with such a judicial power that set an example that make people aware what dreadful results they have to face if they perform such an act. To save life of many innocent people it is high time steps to be taken for their safety and security. Many a times people willingly go and donate their kidneys, so that they get some money to live . Steps to taken to provide employment opportunities to people who live below poverty line. Help them to at least earn enough to fill the stomach of their family. This problem has its roots spread in various direction. When we start finding

73

ways many things will open up. What required are just efforts so as to make this world a meaningful place to live for each and every person. Our Consumer Protection Act has many provisions in it to protect the interests of the consumers, what required is just effective implementation and speed in its operation. The case Charan Singh v/s Healing Touch Hospital & ORS had been disposed of on 20th September 2000. After a long time of sufferings finally Charan Singh got redressal for his grievances. Though he had to wait for a long time to get justice. After allegations like "unrealistic" or "exaggerated" or "excessive" on placing his claim of Rs. 34,00,000. He got justice after 6 long years. National Commission was asked to disposed of the case immediately and Charan Singh claim was declared as realistic claim taking in to consideration his disability and his financial position. This compensation will just help him to live his life at least in some better way. Efforts should have been made by the court to provide a job opportunity to him so that he need not depend on others for his livelihood. A person who was earning for his family how can he sit on corner of the house as a useless part of the family. His Self respect would have been badly harmed. Steps should be taken to provide employment opportunities to all those disable people who wish to undertake jobs and earn their livelihood. Efforts to be made to help the disable people to live their life happily, with self respect and dignity; and just not to be at mercy of others . Opportunities should be given to them to make their life worth living and just not to wait when their life will come to end.

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Cross Reference index A

Advertisement-11,12,21,36 Appellant- 4,36,42,50,57,58,59,60,61,62,63,64,66,67,69,70,72.

C
Central government- 5,6,12,14,24,28,32,43,44,45,47,51,52,53,55. Citation- 4,57 Complaint6,15,16,17,19,20,21,23,25,32,33,34,35,40,41,46,47,50,56,57,59,60,61,62,63,64, 66,67,69. Compensation- 6,15,18,20,21,22,59,62,63,66,68,69,70. Consumers- 5,6,13,16,21,27,29,32,36,55,61,63,68 Consumer Affairs- 12,38,44 Consumer councils- 5 Contract of sale-7
75

Consumer Protection Act, 1986- 5,24,56,57,62 Consumer Protection (Amendment) Act,2002- 6

D
District Forum6,15,16,18,20,22,23,31,32,33,34,35,36,41,46,47,48,49,50,51,53,56,57,60,61,63, 69.

G
Goods6,7,8,9,10,11,13,15,16,17,18,19,20,21,24,25,26,27,28,32,35,36,55,62,63.

H
Hazardous- 5,13,16,17,21,25,26,35 Hoarding-11

I
Insertion of new section-28,41,42,49,50,53 Inter alia- 5,60

J
Judicial- 6,37,43,49,61,62,70,71.

L
Lawyer- 17 Locus Standi-9

M
Magistrate- 49,59 Manufacturer- 17,26
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Merit Certificate- 55 Monopolies And Restrictive Trade Practices Act, 1969- 10

N
National Youth Scheme- 55 Notification- 6,24,28,29,52,53

P
Penalties- 6,23. Publication-11

R
Recommendations- 31,38,39,44,45 Respondent- 4,57,58,59,61,62,66 Restrictive Trade Practice-9

S
Sales of Goods Act, 1930 7 Selection Committee- 31,38,39,44,45 Services- 5,6,7,8,9,10,11,15,16,18,19,20,21,24,25,26,27,28,35,36,55,63 Schemes- 55 State Government- 12,14,15,16,28,29,30,31,32,37,38,39,41,52,54,55 State Commission6,14,15,18,20,22,23,30,31,36,38,39,40,41,42,47,4849,50,51,53,56,57,60,61,63, 69 Substitution of section- 32,46,48,52,53

T
77

Trader- 9,10,11,16,17,23,25,27,55

U
Unfair Trade Practice-5,6,10,16

V
Voluntary Consumer Organisation- 55

78

79