JAMMU AND
KASHMIR CONSUMER PROTECTION ACT, 1987 [REPEALED] THE JAMMU AND KASHMIR CONSUMER PROTECTION ACT, 1987 [REPEALED] [Act No. 14 of 1987] [3rd October,1987] (1)
This Act may be called the Jammu and Kashmir Consumer Protection
Act, 1987. (2)
It extends to the whole of the State of Jammu and Kashmir. (3)
It shall come into force on such date as the Government may, by
notification in the Government Gazette, appoint and different dates may be
appointed for different provisions of this Act. (4)
Save as otherwise expressly provided by the Government by
notification, in the Government Gazette, this Act shall apply to all goods and services. In this Act, unless the
context otherwise requires,. (a)
"appropriate laboratory" means a laboratory or
organisation recognised by the Government and includes any such laboratory or
organisation established by or under any law for the time being in force, which
is maintained, financed or aided by the Government for carrying out analysis or
test of any goods with a view to determining whether such goods suffer from any
defect. (b)
"complainant" means. (i)
a consumer ; or (ii)
any voluntary consumer association registered under the Companies
Act 1956 ; or (iii)
the Government who makes a complaint ; (c)
"complaint" means an allegation in writing made by a
complainant that. (i)
as a result of any unfair trade practice adopted by any trader the
complainant has suffered loss or damage ; (ii)
the goods mentioned in the complaint suffer from one or more
defects ; (iii)
that services mentioned in the complaint suffer from deficiency in
any respect ; (iv)
a trader has charged for the goods mentioned in the complaint a
price in excess of the price fixed by or under any law for the time being in
force or displayed on the goods or any package containing such goods ;with a
view to obtaining any relief provided by or under this Act ; (d)
"consumer" means any person who. (i)
buys any goods for a consideration which has been paid or promised
or partly paid and partly promised or under any system of deferred payment and
includes any user of such goods other than the person who buys such goods for
consideration paid or promised, or partly paid or partly promised or under any
system of deferred payment when such use is made with the approval of such
person, but does not include a person who obtains such goods for resale or for
any commercial purpose ; or (ii)
hires any service for a consideration which has been paid or
promised or partly paid and partly promised, or under any system of deferred
payment and includes any beneficiary of such services other than the person who
hires the services for consideration paid or promised, or partly paid and
partly promised or under any system of deferred payment, when such services are
availed of with the approval of the first mentioned person ; (e)
?"consumer
dispute" means a dispute where the person against whom a complaint has
been made, denies of disputes the allegations contained in the complaint ; (f)
"defect" means any fault, imperfection or shortcoming in
the quality, quantity, potency, purity or standards which is required to be
maintained by or under any law for the time being in force as is claimed by the
trader in any manner whatsoever in relation to any goods ; (g)
"deficiency" means any fault, imperfection, shortcoming
or inadequacy in the quality, nature and manner of performance which is
required to be maintained by or under in 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 ; (h)
"Divisional Forum" means a Consumer Disputes Redressal
Forum established under clause (a) of Section 7 ; (i)
"goods" means goods as defined in the Jammu and Kashmir
Sale of Goods Act, Samvat 1996; (j)
"Government" means the Government of Jammu and Kashmir ; (k)
"manufacture" means a person who,. (i)
makes or manufactures any goods or parts thereof, or (ii)
does not make or manufactures any goods but assembles parts
thereof made or manufactured by others and claims the end product to be goods
manufactured by himself, (iii)
puts or causes to be put his own mark on any goods made or
manufactures by any other manufacturer and claims such goods to be goods made
or manufactured by himself. Explanation. Where a
manufacturer despatches any goods or part thereof to any branch office
maintained by him, such branch office shall not be deemed to be the
manufacturer even though the parts so despatched to it are assembled at such
branch office and are sold or distributed from such branch office (l)
"notification" means a notification published in the
Government Gazette (m)
"person" includes,. (i)
a firm whether registered or not ; (ii)
a Hindu undivided family ; (iii)
a co-operative society ; (iv)
every other association of persons whether registered under the
Jammu and Kashmir Societies Registration Act, Samvat 1998 or not ; (n) "prescribed"
means prescribed by rules made by the Government under this Act ; (o) "service"
means service of any description which is made available to potential users and
includes the provision of facilities in connection with banking, financing,
insurance, transport, processing, supply of electrical or other energy, board or
lodging or both, entertainment, amusement or the purveying a news or other
information, under a contract of personal service; (p) "State
Commission" means a Consumer Disputes Redressal Commission established in
the State under clause (b) of Section 7 ; (q) "trader"
in relation to any goods means a person who sells or distributes any goods for
sale and includes the manufacturer thereof, and when such goods are sold or
distributed in package form, includes the packer thereof ; (r)
"unfair trade practices" means a trade practice which,
for the purpose of promoting the sale, use or supply of any goods or for the
provision of any services, adopts one or more of the following practices and
thereby causes loss or injury to the consumers of such goods or services
whether by eliminating or restricting competition or otherwise namely : (s)
the practices of making any statement, whether orally or by
visible representation which : (i)
falsely represents that the goods are of a particular standard,
quality, grade, composition, style or model ; (ii)
falsely represents that the services are of a particular standard,
quality or grade ; (iii)
falsely represents any rebuilt, second hand, renovated,
reconditioned or old goods as new goods ; (iv)
represents that the goods or services, have sponsorship, approval, (v)
performance, characteristics, accessories, uses or benefits which
such goods or services do not have ; (vi)
represents that the seller or the supplier has a sponsorship or
approval or affiliation which such seller or supplier does not have (vii)
makes a false misleading representation concerning the need for,
or the usefulness of any goods or services ; (viii)
gives to the public any warranty or guarantee of the performance,
efficacy or length of a product or of any goods that is not based on an adequate
or proper test there : Provided that where a
defence is raised to the effect that such warranty or guarantee is based on
adequate or proper test ; the burden of proof of such defence shall lie on the
person raising such defence ; (ix)
makes to the public a representation in a form that purports to be
: (x)
a warranty or guarantee of a product or of any goods or services (xi)
a promise to replace, maintain or repair an article or any part
thereof or to repeal or continue a service until it has achieved a specified result,
if such purported warranty or guarantee or promise is materially misleading or
if there is no reasonable prospect that such warranty, guarantee or promise
will be carried out ; (xii)
materially misleads the public concerning the price at which a
product or like products or goods or services, have been, or are ordinarily
sold or provided, and, for this purpose, a representation as to price shall be
deemed to refer to the price at which the product or goods or services has or
have been sold by sellers or provided by suppliers generally in, the relevant
market unless it is clearly specified to be the price at which the product has
been sold services have been, provided by the person by whom or on whose behalf
the representation is made ; (xiii)
gives false or misleading facts disparaging the goods, services or
trade of another person ; Explanation. For the
purposes of clause (1), a statement that is : (a)
expressed on an article offered or displayed for sale, or on its
wrapper or container ; or (b)
expressed on anything attached to, inserted in, or accompanying,
an article offered or displayed for sale, or on anything on which the article
is mounted for display or sale ; or (c)
contained in or on anything that is sold, sent, delivered,
transmitted or in any other manner whatsoever made available to a member of the
public shall be deemed to be a statement made to the public by, and only by,
the person who had caused the statement to be so expressed, made or contained. (t)
?permits the publication of
any advertisement whether in any newspaper or otherwise, for the sale or supply
at a bargain price, of goods or services that are not intended to be offered
for sale or supply at the bargain price, or for a period that is, and in
quantities that are, reasonable, having regard to the nature of the market in,
which the business is carried and size of business and the nature of the
advertisement. Explanation. For the
purpose of clause (2), "bargain price" means. (a)
a price that is stated in advertisement to be bargain price, by
reference to an ordinary price or otherwise ; or (b)
a price that a person who reads, hears, or sees the advertisement,
would reasonably understand to be a bargain price having regard to the
practices at which the product advertised or like product are ordinarily sold ; (u)
Permits. (a)
the offering of gifts, prizes or other terms with the intention of
not providing them as offered or creating the impression that something is
being given or offered free of charge when it is fully or partly covered by the
amount charged in the transaction as a whole ; (b)
the conduct of any contest, lottery, game of chance or skill, for
the purpose of promoting directly or indirectly, the sale, use or supply or any
product or any business interest ; (v)
permits the sale or supply 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 prescribed by competent authority
relating to performance, composition, contents, design, construction furnishing
or packaging as are necessary to prevent or reduce the risk of injury to the
person using the goods. (w)
permits the boarding or destruction of goods, or refuses to sell
the goods or to make them available for sale, or to provide any service, if
such boarding or destruction or refusal raises or tends to raise to or is
intended to raise the cost of those or other similar goods or services. The provisions of this Act
shall be in addition to and not in derogation of the provisions of any other
law for the time being in force. (1)
The Government may, by notification in the Government Gazette
establish with effect from such date as it may specify in such notification a
Council to be known as the State Consumer Protection Council (hereinafter
referred to as the State Council). (2)
The State Council shall consist of the following members, namely
:. (a)
the Minister-in-charge of the Department of Food and Civil
Supplies in the Government, who shall be its Chairman, and (b)
such number of other official or non-official members representing
such interests as may be prescribed. (1)
The State Council shall meet as and when necessary but not less
than three meetings of the Council shall be held every year. (2)
The State Council shall meet at such time and place as the
Chairman may think fit and shall observe such procedure in regard to the
transaction of the its business as may be prescribed. The objects of the State
Council shall be to promote and protect the rights of the consumers such as,. (a)
the right to be protected against the marketing of goods which are
hazardous to life and property ; (b)
the right to be informed about the quality, quantity, potency,
purity, standard and price of goods so as to protect the consumer against
unfair trade practices ; (c)
the right to be assured, wherever possible, access to variety of
goods at competitive prices ; (d)
the right to be heard and to be assured that consumers interest
will receive due consideration at appropriate forums ; (e)
the right to seek redressal against unfair trade practices or
unscrupulous exploitation of consumers ; (f)
right to consumer education. There shall be established
for the purposes of this Act, the following agencies, namely :. (a)
a Consumer Disputes Redressal Forum to be known as the 'Divisional
Forum' established by the Government in each division of the State ; (b)
a Consumer Disputes Redressal Commission to be known as the
"State Commission" established by the Government (1)
Each Divisional Forum shall consist of. (a)
a person who is or has been or is qualified to be a District Judge
to be nominated by the Government to be its President ; (b)
a person of eminence in the field of education, trade or commerce
; (c)
a lady social worker. (2)
Every member of the Divisional Forum shall hold office for a term
of five years or up to the age of 62 years whichever is earlier, and shall not
be eligible for re-appointment : Provided that a member may
resign his office in writing under his hand addressed to the Government on such
resignation being accepted, his office shall become vacant and may be filled by
the appointment of person possessing any of the qualification mentioned in
sub-section (1) in relation to the category of the member who has resigned. (3) The
salary or honorarium and other allowances payable to, and the other terms and
conditions of service of the members of Divisional Forum shall be such as may
be prescribed by the Government. (1)
Subject to the other provisions of this Act, the Divisional Forum
shall have jurisdiction to entertain complaints where the value of the goods or
services and the compensation if any, claimed is less than rupees fifty
thousand. (2)
A complaint shall be instituted in a Divisional Forum within the
local 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 personally works for gain, or (b)
any of the opposite parties, where there are more than one, at the
time the institution of the complaint, actually and voluntarily resides or
carries on business, or personally works for gain, provided that in such case
either the permission of the Divisional Forum is given of the opposite parties
who do not reside or, carry on business, 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. A complaint in relation to
any goods sold or delivered or any service provided may be filed with a
Divisional Forum by. (a)
the consumer to whom such goods are sold or delivered or such
service provided ; (b)
any recognised consumer association, whether the consumer to whom
the goods sold or delivered or service provided he is a member of such
association or not ; or (c)
the Government : Provided that in relation
to District of Leh, Kargil, Poonch and Rajouri a complaint under this section
may be filed with the concerned Deputy Commissioner, who shall forward such
complaints to the Divisional Forum having jurisdiction to entertain such
complaint. Explanation. For the
purpose of this section "recognised consumer association" means any
voluntary consumer association registered under the Companies Act, 1956 or any
other law for the time being in force. (1)
The Divisional Forum shall on receipt of a complaint, if it
relates to any goods,. (a)
refer a copy of the complaint 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 Divisional Forum ; (b)
where the opposite party on receipt of a complaint referred to him
under clause (a) denies or disputes the allegations contained in the complaint,
or omits or fails to take any action to represent his case within the time
given by the Divisional Forum, the Divisional Forum shall proceed to settle the
consumer dispute in the manner specified in clauses (c) to (g) (c)
where the complaint alleges a defect in the goods which cannot be determined
without proper analysis or test of the goods the Divisional Forum shall obtain
a sample of the goods from the complainant, seal it and authenticate in the
manner prescribed and refer the sample so sealed to the appropriate laboratory
along with a direction that such laboratory make an analysis or test, whichever
may be necessary, with a view to finding out whether such goods suffer from any
defect alleged in the complaint or suffer from any other defect and report its
findings thereon to the Divisional Forum within a period of forty-five days of
the receipt of the reference or within such extended period as may be granted
by the Divisional Forum ; (d)
before any sample of the goods is referred to any appropriate
laboratory under clause (c), the Divisional Forum may require the complainant
to deposit to the credit of the Forum such fees as may be specified, for
payment to the appropriate laboratory, for carrying out the necessary analysis
or test in relation to the goods in question ; (e)
the Divisional Forum shall remit the amount deposited to its
credit under clause (d) to the appropriate laboratory, to enable it to carry
out the analysis or test mentioned in clause (c) and on receipt of the report
from the appropriate laboratory, the Divisional Forum shall forward a copy of
the report along with such remarks as the Divisional Forum may feel appropriate
to the opposite party ; (f)
if any of the parties disputes the correctness of the findings of
the appropriate laboratory, or disputes the correctness of the methods of
analysis or test adopted by the appropriate laboratory, the Divisional Forum
shall require the opposite party or the complainant to submit in writing his
objections in regard to the report made by the appropriate laboratory ; (g)
the Divisional Forum shall thereafter give a reasonable
opportunity to the complainant as well as the opposite party of being heard as
to the correctness or otherwise of the report, made by the appropriate
laboratory and also as to the objection made in relation thereto under clause
(f) and issue an appropriate order under Section 12. (2)
The Divisional Forum shall, if the complaint received by it under
Section 10 relates to goods in receipt of which the procedure specified in
sub-section (1) cannot be followed, or if the complaint relates to any service
: (a)
refer a copy of such complaint to the opposite party 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 Divisional Forum ; (b)
Where the opposite party on receipt of a copy of the complaint,
referred to him under clause (a) denies or disputes the allegations contained
in the complaint or omits or fails to take any action to represent his case
within the time given by the Divisional Forum, the Divisional Forum shall
proceed to settle the consumer disputes : (c)
on the basis of evidence brought to its notice by the complainant
and the opposite party, where the opposite party denies or disputes the
allegations contained in the complaint, or (d)
on the basis of evidence brought to its notice by complainant
where the opposite party omits or fails to take any action to represent his
case within the time given by the Forum. (3)
No proceedings complying with the procedure laid down in
sub-sections (1) and (2) shall be called in question in any Court on the ground
that the principles of natural justice have not been complied with. (4)
For the purpose of this section, the Divisional Forum shall have
the same powers as are vested in a Civil Court under the Code of Civil
Procedure, Samvat 1977 while trying a suit in respect of the following matters,
namely . (a)
the summoning and enforcing the attendance of any defendant or
witness and examining the witness on oath ; (b)
?the discovery and
production of any documents or other material object producible as evidence ; (c)
the reception of evidence on affidavits ; (d)
the requisitioning of the report of the concerned analysis or test
from the appropriate laboratory or from any other relevant source ; (e)
issuing of any commission for the examination of any witness ; and (f)
?any other matter which may
be prescribed. (5)
Every proceeding before the Divisional Forum shall be deemed to be
a judicial proceeding within the meaning of Sections 193 and 228 of the Ranbir
Penal Code, and the Divisional Forum shall be deemed to be a Civil Court for
the purposes of Section 195 and Chapter XVII of the Code of Criminal Procedure,
Samvat 1989. (1)
If, after proceeding conducted under Section 11, the Divisional
Forum 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 take one or more of the following things,
namely : (a)
to remove the defect pointed by the appropriate laboratory from
the goods in question ; (b)
to replace the goods with new goods of similar description which
shall be free from any defect ; (c)
to return to the complainant the price, or as the case may be, the
charges paid by the complainant ; (d)
to pay such amount as may be awarded by it as compensation to the
consumer for any loss or injury suffered by the consumer due to the negligence
of the opposite party. (2)
Every order made by the Divisional Forum under sub-section (1)
shall be signed by all the members constituting it and if there is any
difference of opium the order of the majority of the members constituting it
shall be order of the Divisional Forum. (3)
Subject to the foregoing provisions, the procedure relating to the
conduct of the meetings of the Divisional Forum, sitting and other matters
shall be such as may be prescribed by the Government. Any person aggrieved by an
order made by the Divisional Forum may prefer an appeal against such order to
the State Commission within a period of thirty days from the date of the order
in such form and manner as may be prescribed : Provided that the State Commission
may entertain an appeal after the expiry of the said period of thirty days if
it satisfied that there was sufficient cause for not filing it within that
period. (1)
Each State Commission shall consist of : (a)
a person who is or has been a Judge of a High Court appointed by
the Government, who shall be its President ; (b)
two other members, who shall be person of liability, integrity and
standing and have adequate knowledge or experience of, or have shown capacity
in dealing with problems relating to economics, law, commerce, accountancy,
industries, public affairs, or administration, one of whom shall be a woman : Provided that no sitting
Judge of a High Court shall be appointed under this sub-section except after
consultation with the Chief Justice of the High Court. (2) The
salary or honorarium and other allowance payable to and the other terms and
conditions of service (including tenure of office) of, the members of the State
Commission shall be such as may be prescribed by the Government. Subject to the other
provisions of this Act the State Commission shall have jurisdiction :. (a)
to entertain. (b)
complaints where the value of the goods or services and
compensation, if any, claimed exceeds rupees fifty thousands but does not
exceed rupees ten lakhs, and (c)
appeal against the orders of Divisional Forum within the State ;
and (d)
to call for the records and pass appropriate order in any consumer
dispute which is pending before or has been decided by any Divisional Forum
within the State, where it appears to the State Commission that such Divisional
Forum has exercised a jurisdiction not vested in it by law, or has failed to
exercise a jurisdiction so vested or has acted in exercise of its jurisdiction
illegally or with material irregularity. The procedure specified in
Sections 10, 11 and 12 and under the rules made thereunder for the disposal of
complaints by the Divisional Forum shall, with such modifications as may be
necessary, be applicable to the disposal of disputes by the State Commission. Any person aggrieved by any
order made by the State Commission in exercise of its power conferred by
sub-clause (1) of clause (a) of Section 15 may prefer an appeal against such
order to the High Court within a period of thirty days from the date of the
order in such form and manner as may be prescribed : Provided that the High
Court may entertain an appeal after the expiry of the said period of thirty
days if it is satisfied that there was sufficient cause for not filing it
within that period. Every order of a Divisional
Forum, or the State Commission shall if no appeal has been preferred against
such order under the provisions of this Act, be final. Every order made by the
Divisional Forum, or the State Commission may be enforced by the Divisional
Forum, or the State Commission as the case may be in the same manner as if it
were a decree or order made by a Court in a suit pending therein and it shall
be lawful for the Divisional Forum or the State Commission to send in the event
of its inability to execute it, such order to the Court within the local limits
of whose jurisdiction. (a)
in the case of an order against a company, the registered office
of the company is situated ; or (b)
in the case of an order against any other person, the place where
the person concerned voluntarily resides or carries on business or personally
works for gain, is situated, and
thereupon, the Court to which the order is so sent, shall execute the order as
if it were a decree or order sent to it for execution. Where a complaint
instituted is found to be frivolous or vexatious, the Divisional Forum or as
the case may be, the State Commission may dismiss the complaint. Where a trader or a person
against whom a complaint made fails or omits to comply with any order made by
the Divisional Forum or the State Commission, as the case may be, such trade or
person shall be punishable with imprisonment for a term which shall not be less
than one month but which may extend to three years, or with fine which shall
not be less than two thousand rupees but which may extend to ten thousand
rupees, or with both Provided that the Divisional Forum, or the State Commission,
as the case may be, may if it is satisfied that the circumstances of any case
so require, impose a sentence of imprisonment or fine, or both for a term
lesser than the minimum term and amount lesser than the minimum amount
specified in this section. No suit, prosecution or
other legal proceedings shall lie against the member of the Divisional Forum or
the State Commission or any Officer or person acting under the direction of the
Divisional Forum or the State Commission for executing any order made by it or
in respect of anything which is in good faith done or intended to be done by
such member, officer or person under this Act, or under any rule or order made
there under. (1) If any
difficulty arises in giving effect to the provisions of this Act the Government
may, by order in the Government Gazette make such provisions not inconsistent
with the provisions of this Act as appear to it to be necessary or expedient
for removing the difficulty. Provided that no such order
shall be made after the expiry of a period of two years from the commencement
of this Act. (2) Every
order made under this section shall be as soon as may be after it is made, be
laid before each House of the State Legislature. The Government may, by
notification, make rules for carrying out the provisions contained in clause
(b) of sub-section (2) of Section 4, sub-section (2) of Section 5, subsection
(3) of Section 8, clause (c) of sub-section (1) and clause (b) of sub-section
(4) of Section 11, sub-section (3) of Section 12, Section 13, sub-section (2)
of Section 14 of this Act. Every rule made by the
Government under this Act shall be laid, as soon as may be after it is made,
before each House of State Legislature, 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 session immediately following
the session or the successive sessions aforesaid both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of
no affect 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.
Preamble - THE JAMMU AND KASHMIR CONSUMER PROTECTION ACT, 1987
[REPEALED]