CHAPTER IV
28. Protection of action taken in good faith. —
No suit, prosecution or other legal proceedings shall lie against the
members of the District Forum, the State Commission or the National
Commission or any officer or person acting under the direction of the
District Forum, the State Commission or the National 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 thereunder.
28A. Service of notice, etc. - (1) All notices required by this Act to be served shall be served in the manner hereinafter mentioned in sub-section (2).
(2) The service
of notices may be made by delivering or transmitting a copy thereof 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 authorized by the 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 :
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 authorized by the 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
sub-section 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 may be, 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.
29. Power to remove difficulties.—(l)
If any difficulty arises in giving effect to the provisions of this
Act, the (Central Government may, by order in the official 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, as soon as may be after it is made be laid before each House of Parliament
(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:
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.
29A. Vacancies or defects in appointment not to invalidate orders.—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 member or any defect in the constitution
thereof.
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 sub-section (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 sub-section (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.
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.
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.
File:C:/ CAP-AMENDED
18.12.2002
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