CPA 39 — Findings of District Commission

Consumer Protection Act, 2019

Statutory text

(1)  Where  the  District  Commission  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  or  any  unfair  trade  practices,  or  claims  for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:—
(a) to remove the defect pointed out 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 along with such interest on such price or charges as may be decided;
(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:
Provided  that  the  District  Commission  shall  have  the  power  to  grant  punitive  damages  in  such circumstances as it deems fit;
(e)  to  pay  such  amount  as  may  be  awarded  by  it  as  compensation  in  a  product  liability  action under Chapter VI;
(f) to remove the defects in goods or deficiencies in the services in question;
(g) to discontinue the unfair trade practice or restrictive trade practice and not to repeat them;
(h) not to offer the hazardous or unsafe goods for sale;
(i) to withdraw the hazardous goods from being offered for sale;
(j)  to  cease  manufacture  of  hazardous  goods  and  to  desist  from  offering  services  which  are hazardous in nature;
(k) 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:
Provided that the minimum amount of sum so payable shall not be less than twenty-five per cent.
of the value of such defective goods sold or service provided, as the case may be, to such consumers;
(l)  to  issue  corrective  advertisement  to  neutralise  the  effect  of  misleading  advertisement  at  the cost of the opposite party responsible for issuing such misleading advertisement;
(m) to provide for adequate costs to parties; and (n) to cease and desist from issuing any misleading advertisement.
(2)  Any  amount  obtained  under  sub-section  (1)  shall  be  credited  to  such  fund  and  utilised  in  such manner as may be prescribed.
(3)  In  any  proceeding  conducted  by  the  President  and  a  member  and  if they  differ  on  any  point  or points, they shall state the point or points on which they differ and refer the same to another member for hearing  on  such  point  or  points  and  the  opinion  of  the  majority  shall  be  the  order  of  the  District
Commission:
Provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference.
(4)  Every  order  made  by  the  District  Commission  under  sub-section  (1)  shall  be  signed  by  the
President and the member who conducted the proceeding:

Provided that where the order is made as per majority opinion under sub-section (3), such order shall also be signed by the other member.

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