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Section 27: Penalties

Consumer Protection Act No 68 of 1986State Act of Chhattisgarh · Act 68 of 1986

3 [(1)] Where a trader or a person against whom a complaint is made 4 [or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 4 [or complainant] 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:

5 * * * * *.

6 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).

(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.]

7 [27A. Appeal against order passed under section 27.—(1) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), an appeal under section 27, both on facts and on law, shall lie from—

(a) the order made by the District Forum to the State Commission;

(b) the order made by the State Commission to the National Commission; and

(c) the order made by the National Commission to the Supreme Court.

(2) Except as aforesaid, no appeal shall lie to any court from any order of a District Forum or a State Commission or the National Commission.

1. Subs. by Act 62 of 2002, s. 22, for section 25 (w.e.f. 15-3-2003).

2. Subs. by Act 50 of 1993, s. 20, for section 26 (w.e.f. 18-6-1993).

3. S. 27 renumbered as sub-section (1) thereof by Act 62 of 2002, s. 23 (w.e.f. 15-3-2003).

4. Ins. by Act 50 of 1993, s. 21 (w.e.f. 18-6-1993).

5. Proviso omitted by Act 62 of 2002, s. 23 (w.e.f. 15-3-2003).

6. Ins. by s. 23, ibid. (w.e.f. 15-3-2003).

7. Ins. by s. 24, ibid. (w.e.f. 15-3-2003).

23

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of an order of a District Forum or a State Commission or, as the case may be, the National Commission:

Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.]

CHAPTER IV MISCELLANEOUS

Where this provision sits

ActConsumer Protection Act No 68 of 1986
Section27
Marginal notePenalties
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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