Page 168 - DCOM103_COMMERCIAL_LAW

Unit 16: The Consumer Protection Act

the hazardous goods from being offered for sale; (ha) to cease manufacture of hazardous goods Notes
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; (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. (i) to provide for adequate costs to parties.
In (a) above, the District Forum shall have the power to grant punitive damages, as it deems fi t.

16.3.7 Time-frame for Decisions of Consumer Courts

The complaint should be decided by the Redressal Forum, as far as possible, within a period
of 3 months from the date of the notice received by the opposite party where complaint does
not require analysis or testing of the commodities and within 5 months if it requires analysis or
testing of commodities.

16.3.8 Vacancies or Defects in appointment not to invalidate order (Sec.29A)

No Act or proceeding of the District Forum, the State Commission or the National Commission
shall be invalid by reason only of the existence of any vacancy amongst its members or any defect
in the constitution thereof.
Enforcement of orders of the District Forum, the State Commission or the National Commission.
The Amendment Act, 2002 has substituted Sec.25 by a new section. It provides as follows:
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-sec.(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.

Task Suggest the time frame for decisions of consumer court?

LOVELY PROFESSIONAL UNIVERSITY 161