"(6) Where the complainant is a consumer referred to in subclause (i») of clause (b) of sub-section (1) of section 2, the provisions "of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1988 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as ^reference to a complaint or the order of the District Forum thereon.".
12. In section 14 of the principal Act, in sub-section ( I ) ,~ - •
(i) in the opening portion, for the word "take", the word "do" shall be substituted;
Hi) after clause (d)t. the, following clauses shaH be inserted1, namely:— . „ - , "(e)' to remove the defects or deficiencies in the services in in question;
(f) to discontinue1 the unfair trade oraotire or the rwtricrfve trade practice or not ta repeat them;
(q) not to offer the hazardous poods fnr sale;
(h) to withdraw the ha«a«dous ^oods from bem<* offeped for sale;
(i) to pnonrfde for <adtequate cost!? to •parties.". - "
13. In section 16 of the principal Act. in sub-section CO',—
(i) in clause (a), the following proviso shall be inserted at the end, namely: — "Provided that no aopointment under this clause shall be made except after consultation with? the Chief Justice of the High Court;";
(U) after clause (b)\ for Xhe proviso, the following oroviso shall be substituted, namely: — "Provided that every appointment made under this clause shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:
(0 President of the, J5tate Commission—Chairman, 1 of 1956.
5 of 1098.
S E C . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 9
(ii) Secretary of the Law Department of . ', the State —Member,
(iii) Secretary, incharge of "Department dealing wit|d consume*} affairs-in the State —Member.";
(iii) in sub-section (2), the brackets and words "(including tenure of office)" shall be omitted;
(iv) after sub-section (2), the following sub-section shall be inserted, namely:— "(i) Every member of the State Commission shall hold Office for a term of five years or up to the age of sixty-seven years, whichever is earlier and shall not be eligible for re-appointment.
(4) Notwithstanding any thing contained in sub-section (?), a person appointed as a President or a member before the commencement of the Consumer Protection (Amendment) Ordinance, 1993, shall continue to hold such office as President or member, as the case may be, till the completion of his term.".
14. In section 17 of the principal Act, in clause (a), in sub-clause (i), for the words "one lakh but does not exceed rupees ten lakhs", th words "five lakhs but does not exceed rupees twenty lakhs" shall be substituted.
15. In section 18 of the principal Act, for the words and figures "The procedure specified in sections 12, 13 and 14 and, undejcr th^ rules made thereunder", the words and figures "The provisions of sections 12, 13 and 14 and the rules made thereunder" shall be substituted.
16. In section 20 of the principal Act,—
(i) in sub-section (1),— (A) in clause (a), the following proviso shall be inserted at the end, namely: — "Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;";
(B) after clause (b), for the proviso, the following proviso shall be substituted, namely: — "Provided that every appointment under this clause shall be made by the Central Government on the recommendation of a selection committee consisting of the following namely: —
(a) a person who is a judge of the Supreme Court, to be nominated by the Chief Justice of India —Chairman,
(b). the Secretary in the Department of Legal Affairs in the Government of India —Member,
(c) Secretary of the Department dealing with consumer affairs in the Government of India —Member.";
Amend, ment of section
17. ;
Amendment ot section
18.
Amendment of section
20.
10 € THE;GAZETTE ^R4NDtA EXTRAORDINARY [PAKT B— Amend, ment of section 21.
Substitution Of new section for section 22.
Fernet.! % and pro,*" cedure applicable t9 th# National' Com- frj:
mission.
Inser.
tion «f new sections 24A and 24B.
Limitation period.
Administrative control.
(it) in,a%b-se«iott U),\<^hrapte^an^,wtBrd^ ('(including tenure , of of6«eK' siiall be omitted;
(in) after sob-section ($ ; - ' the following sub-sections shall be inserted, namely:— •'• V * >: :.
"(?) Every member ot the National Commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier and shall not be eligible for re-appointment,
(4) Notwithstanding anything contained in subjection. (3), a person appointed as a President or a member before the commence* ment of the. Consumer Protection (Amendment) Ordinance, 1993, shall continue to hold; suc& "ioffiee as President or member, as the case may be, till the completion of his term,". :
17. In section 21 of the principal Act, in clause (a), in sub-clause (i), for the words "ten lakhs", the words "twenty lakhs" shall be substituted.
1.8. For section 22 of the principal Act, ihe following- section shall be substituted, namely:— "22. The National Commission shall, in the disposal of an,y com- ,.
plaints or any proceedings before it, have^- . .
(a) the powers of a civil court as specified in sub-section (4),
(5) and <6) <* section 13; '
(6) the power'to issue an order to the opposite,Pfpty directing-,;?
hliii tti do any (WOr mwe jof the things referred to in clause- (a) - - to (i) of subjection (1) of section 14;
and follow such procedure as "may be prescribed by the Central Government.". . . . . . .