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Commentary on the Consumer Protection Act

Commentary on the Consumer Protection Act

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Description
The Indian Parliament enacted the Consumer Protection Act in the year 1986. The
declared objective of the statute was "to provide for better protection of the interests
of consumers" and "to provide a speedy and inexpensive remedy to the consumers".
The Consumer Protection Act is one of the benevolent social legislations intended to
protect the large body of consumers from exploitation. The Act has come as a panacea
for consumers all over the country and is considered as one of the most important
legislations enacted for the benefit of consumers. The Consumer Protection Act is
dedicated, as manifest from its preamble, to provide for effective protection of the
rights of consumers. The underlying object of the Act is to render a simple, inexpensive
and speedy remedy to the consumers with complaints against defective goods and
deficient services and for that a three-tier quasi-judicial machinery has been established
at the District, State and National level respectively. The Consumer Protection Act
has come to meet the long-felt necessity of protecting the common man from wrongs
against which the remedy under the ordinary law for various reasons has become
illusory. The Consumer Protection Act was amended in the year 1991, 1993 and 2002
respectively to make it more effective and purposeful. The importance of the Consumer
Protection Act lies in its solemn objective of promoting the welfare of the society by enabling
the Consumer to participate directly in the market economy. The earlier five editions of
this book received an overwhelming response from all quarters including the Bench,
the bar and all those who deal regularly with this legislation and the reviews on the
book published in various journals bear testimony to the fact that the book enjoyed a
reputation of being a standard and reliable commentary on the subject.
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Contents

Chapter I - Preliminary
1.    Short title, extent, commencement and application
2.    Definitions
3.    Act not in derogation of any other law
Chapter II - Consumer protection Councils
4.    The Central Consumer Protection Council
5.    Procedure for meetings of the Central Council
6.    Object of the Central Council
7.    The State Consumer Protection Councils
8.    Objects of the State Council
8A. The District Consumer Protection Council
8B. Object of the District Council
Chapter III - Consumer Disputes Redressal Agencies
9.    Establshing of Consumer Disputes Redressal Agencies
10.  Composition of the District Forum
11.  Jurisdiction of the District Forum
12.  Manner in which complaint shall be made
13.  Procedure on admission of complaint
14.  Finding of the district Forum
15.  Appeal
16.  Composition of the State Commission
17.  Jurisdiction of the State Commission
17A.Transfer of cases
17B.Circuit Benches
18.  Procedure Applicable to State Commission
19.  Appeals
19A. Hearing of appeal
20.  Composition of the National Commission
21.  Jurisdiction of the National Commission
22.  Power and procedure applicable to the National Commission
22A.Power to set aside ex parte orders
22B.Transfer of cases
22C.Circuit Benches
22D.Vacancy in the office of the president
23.  Appeal
24.  Finality of orders
24A.Limitation period
24B.Administrative control
25.  Enforcement of orders of the District Forum, the State Commission or the
       National Commission
26.  Dismissal of frivolous or vexatious complaints
27.  Penalties
27A.Appeal against order passed under section 27
Chapter IV - Miscellaneous
28.  Protection of action taken in good faith
28A.Service of notice etc.
29.  Power to remove difficulties
29A.Vacancies or defects in appointment not to invalidate orders
30.  Power to make rules
30A.Power of the National Commission to make regulations
31.  Rules and Regulations to be laid before each House of Parliament
APPENDICES
Rules

1.    The Consumer Protection Rules, 1987
2.    The Bureau of Indian Standards (Recognition of Consumers' Association)
       Rules, 1991
3.    The Consumer Welfare Fund Rules, 1992
4.    The Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
Relevant Acts
5.    The Competition Act, 2002
6.    The Monopolies and Restrictive Trade Practices Act, 1969 (Relevant Extracts)
7.    The Monopolies and Restrictive Trade Practices (Recognition of Consumers' Association) Rules, 1987
8.    The Supreme Court Rules, 2013 (Relevant Extracts)
Foreign Statutes
9.    The U.K. Consumer Protection Act, 1987
10.   United Nations Guidelines for Consumer Protection
Addresses
11.   List of Appropriate Laboratories
12.   List of National and State Consumer Disputes Redressal Commissions
        National Consumer Disputes Redressal Commission
        State Consumer Dispute Redressal Commission
13.   Addresses of the District Consumer Forums
14.   Names and Addresses of Voluntary Consumer Organisations
Model Forms
Subject Index
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Author Details
Dr. J.N. Barowalia
, Principal Secretary (Law)-cum-Legal Rememberancer to the
Government of Himachal Pradesh, is an eminent jurist and has been conferred with
'Himutkarsha's National Integration Award' as "Crusader against Social Evils".
Dr. Barowalia had a brilliant academic record and obtained his B.A. Degree from
Punjab University securing first position in his college and L.L.B. Degree from
Himachal Pradesh University in first division. He has also taken keen interest
in the extra-curricular activities, declamation contests and had been a good player
of badminton, table tennis and golf. He is a life member of the Shimla Ice Skating
Club since 1965.
Dr. Barowalia topped in Himachal Pradesh Judicial Services Competitive Examination
held in 1975 and served as Sub Judge-cum-Judicial Magistrate-cum-Rent Controller from
July 1976 to June 1984, as Senior Sub Judge-cum-Chief Judicial Magistrate of Lahaul &
Spiti District, Kangra District and Mandi District from July 1984 to October 1994 and
since April 1995 he has been working in Higher Judicial Service. He served as District
and Sessions Judge, Incharge of Kullu and Lahaul Division (1997-1999), Una Division
(1999-2001) and Kangra Division at Dharamshala (2001 -2002). He was the President
of District Consumer Redressal Forum, Shimla (2002-2003) and Principal Secretary to
Hon'ble Chief Justice-cum-Registrar, High Court of Himachal Pradesh from June, 2003 to
December, 2006. He is presently posted as Principal Secretary (Law)-cum-Legal
Rememberancer to the Government of Himachal Pradesh since December, 2006.
His books titled 'Commentary on the Consumer Protection Act, 1986', 'Commentary
on the Himachal Pradesh Land Revenue Act', 'Commentary on the Himachal Pradesh
Panchayati Raj Act', 'Commentary on the Narcotic Drugs and Psychotropic Substances
Act' and 'Commentary on the Right to Information Act', have received overwhelming
response from Judges, Advocates and the Students of Law
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