The Punjab Consumer Protection Act 2005

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 10

THE PUNJAB CONSUMER PROTECTION ACT 2005

(Pb. Act II of 2005)


CONTENTS
SECTIONS
Part I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
3. Act not in derogation of any other law.
Part II
LIABILITY ARISING FROM
DEFECTIVE PRODUCTS
4. Liability for defective products.
5. Defective in construction or composition.
6. Defective in design.
7. Defective because of inadequate warning.
8. Defective because of non-conformity to express warranty.
9. Proof of manufacturer’s knowledge.
10. Restriction on grant of damages.
11. Duty of disclosure.
12. Prohibition on exclusions from liability.
Part III
LIABILITY ARISING OUT OF
DEFECTIVE AND FACULTY SERVICES
13. Liability for faulty or defective services.
14. Standard of provision of services.
15. Restriction on grant of damages.
16. Duty of disclosure.
17. Prohibition on exclusions from liability.
Part IV
OBLIGATIONS OF MANUFACTURERS
18. Prices to be exhibited at the business place.
19. Receipt to be issued to the purchaser.
20. Return and refund policy.
Part V
UNFAIR PRACTICES
21. False, deceptive or misleading representation.
22. Prohibition on bait advertisement.
Part VI
THE POWERS OF THE AUTHORITY
23. Powers of Authority.
23-A. Powers of Government.
Part VII
CONSUMER PROTECTION COUNCIL
24. Consumer Protection Council.
Part VIII
DISPOSAL OF CLAIMS AND
ESTABLISHMENT OF CONSUMER COURTS
25. Filing of Claims.
26. Establishment of Consumer Courts.
27. Jurisdiction of Consumer Courts.
28. Settlement of Claims.
29. Settlement of pretrial stage.
30. Procedure on receipt of complaint.
31. Order of Consumer Court.
32. Penalties.
33. Appeal.
34. Finality of Order.
35. Dismissal of frivolous or vexatious claims.
Part IX
MISCELLANEOUS
36. Aid to the Consumer Court.
37. Immunity.
38. Power to make rules.
39. Power to remove difficulties.

THE PUNJAB CONSUMER PROTECTION ACT


1[1]

2005
(Pb. Act II of 2005)
[25 January 2005]
An Act to provide for protection and promotion of the rights and interests of the
consumers.
Preamble.– Whereas, it is expedient to provide for protection and promotion of the rights
and interests of the consumers, speedy redress of consumer complaints and for matters
connected therewith;
It is hereby enacted as follows:-
Part I
PRELIMINARY
1. Short title, extent and commencement.– (1) This Act may be called the Punjab
Consumer Protection Act 2005.
(2) It shall extend to the whole of the Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context,–
(a) “Act” means the Punjab Consumer Protection Act 2005;
(b) “Authority” means the District Coordination Officer of the district concerned 2[2][or
any other officer as may be notified by the Government];
(c) “consumer” means a person or entity who–
(i) buys or obtains on lease any product for a consideration and includes any
user of such product but does not include a person who obtains any product
for resale or for any commercial purpose; or
(ii) hires any services for a consideration and includes any beneficiary of such
services;
Explanation:- For the purpose of sub-clause (i), “commercial purpose” does not
include use by a consumer of products bought and used by him only for the
purpose of his livelihood as a self-employed person.
(d) “damage” means all damage caused by a product or service including damage to the
product itself and economic loss arising from a deficiency in or loss of use of the
product or service;
(e) “entity” means an organization that has a legal identity apart from its members;
(f) “Government” means the Government of the Punjab;
(g) “laboratory” means a laboratory established or recognized by the Provincial
Consumer Protection Council and includes any such laboratory or organization
established by or under any law for the time being in force, which is maintained,
financed, aided or recognized by the Government for carrying out analysis or test of
any goods with a view to determining whether such goods suffer from any defect;
(h) “manufacturer” includes a person or entity who–
(i) is in the business of manufacturing a product for purposes of trade or
commerce;
(ii) labels a product as his own or who otherwise presents himself as the
manufacturer of the product;
1[1]This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab on 19
January 2005; and, was published in the Punjab Gazette (Extraordinary), dated 25 January 2005, pages 2565 to 2573.
2[2]Inserted by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006).
(iii) as a seller exercises control over the design, construction or quality of the
product that causes damage;
(iv) assembles a product by incorporating into his product a component or part
manufactured by another manufacturer; and
(v) is a seller of a product of a foreign manufacturer and assumes or administers
warranty obligations of the product, or is affiliated with the foreign
manufacturer by way of partial or complete ownership or control; or
modifies or prepares the product for sale or distribution;
(i) “manufacturing a product” means producing, fabricating, constructing, designing,
remanufacturing, reconditioning or refurbishing a product;
(j) “product” has the same meaning as assigned to the word “goods” in the Sale of
Goods Act, 1930, and includes products which have been subsequently
incorporated into another product or an immovable but does not include animals
or plants or natural fruits and other raw products, in their natural state, that are
derived from animals or plants;
(k) “services” includes the provision of any kind of facilities or advice or assistance
such as provision of medical, legal or engineering services but does not include–
(i) the rendering of any service under a contract of personal service;
(ii) the rendering of non-professional services like astrology or palmistry; or
(iii) a service, the essence of which is to deliver judgment by a court of law or
arbitrator;
(l) “reasonably anticipated alteration or modification” means a change in a product
that a product manufacturer should reasonably expect to be made by an ordinary
person in the same or similar circumstances and a change arising from ordinary
wear or tear, but does not include–
(i) changes to or in a product because the product does not receive reasonable
care and maintenance; or
(ii) alteration, modification or removal of an otherwise adequate warning; or
(iii) the failure of the seller to provide an adequate warning to the consumer
where the same had been provided by the manufacturer and he could do no
more; and
(m) “reasonably anticipated use” means a use or handling of a product that the product
manufacturer should reasonably expect of an ordinary person in the same or similar
circumstances.
3. Act not in derogation of any other law.– 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.
Part II
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
4. Liability for defective products.– (1) The manufacturer of a product shall be
liable to a consumer for damages proximately caused by a characteristic of the product
that renders the product defective when such damage arose from a reasonably anticipated
use of the product by a consumer.
(2) A product shall be defective only if–
(a) it is defective in construction or composition as provided in section 5;
(b) it is defective in design as provided in section 6;
(c) it is defective because an adequate warning has not been given as provided in
section 7; and
(d) it is defective because it does not conform to an express warranty of the
manufacturer as provided in section 8.
5. Defective in construction or composition.– A product shall be defective in
construction or composition if, at the time the product was manufactured, a material deviation
was made from the manufacturers’ own specifications, whether known to the consumer or not.
6. Defective in design.– (1) A product shall be defective in design if, at the time the
product left its manufacturer’s control–
(a) there existed an alternative design for the product that was capable of preventing
the damage to a consumer; and
(b) the likelihood and gravity of damage outweighed the burden on the manufacturer of
adopting such alternative design and any adverse effect of such alternative design on
the utility of the product.
(2) When the manufacturer has used reasonable care to provide adequate
warning to the users or handlers of the product, it shall be considered in evaluating the
likelihood of damage arising from the design of a product.
7. Defective because of inadequate warning.– (1) A product shall be defective if an
adequate warning about the product that it possessed a characteristic that could cause
damage, has not been provided at the time the product left its manufacturer’s control or the
manufacturer has failed to use reasonable care to provide an adequate warning of such
characteristic and its danger to users and handlers of the product:
Provided that a manufacturer shall not be required to provide an adequate warning
about his product when–
(a) the ordinary user or handler of the product could know, with the ordinary
knowledge common to the community, that the product has dangerous
characteristics which could cause damage; or
(b) the user or handler of the product already knows or should be reasonably expected
to know that the product has characteristics which were dangerous and could
cause damage.
(2) A manufacturer of a product who, after the product has left his control,
acquires knowledge about the dangerous characteristics of the product that could cause
damage, or who would have acquired such knowledge had he acted as a reasonably
prudent manufacturer, shall be liable for damage caused by his subsequent failure to use
reasonable care to provide an adequate warning of such characteristic and its danger to
users and handlers of the product.
8. Defective because of non-conformity to express warranty.– A product shall be
defective when it does not conform to an express warranty made at any time by the
manufacturer about the product if the express warranty has induced the claimant to use
the product and the claimant’s damage was proximately caused because the express
warranty was untrue.
9. Proof of manufacturer’s knowledge.– (1) Notwithstanding anything contained in
section 6, a manufacturer of a product shall not be liable for damage proximately caused by a
characteristic of product’s design if the manufacturer proves that at the time the product left
his control–
(a) he did not know and, in the light of the then existing and reasonably available
scientific and technological knowledge, could not have known the design
characteristic that caused the damage or the danger of such characteristic; or
(b) he did not know and, in the light of the then existing and reasonably available
scientific and technological knowledge, could not have known of the alternative
design identified by the consumer under section 6 (1); or
(c) the alternative design identified by the consumer under section 6 (1) was not feasible
in the light of the then existing and reasonably available scientific and technological
knowledge or then existing economic practicality.
(2) Notwithstanding anything contained in section 7(1) or 7(2), a manufacturer of
a product shall not be liable for damage if the manufacturer proves that, at the time the
product left his control, he did not know and, in the light of the then existing and reasonably
available scientific and technological knowledge, could not have known of the characteristic
that caused the damage or the danger of such characteristic.
10. Restriction on grant of damages.– Where the consumer has not suffered any
damage from the product except the loss of utility, the manufacturer shall not be liable for
any damages except a return of the consideration or a part thereof and the costs.
11. Duty of disclosure.– (1) Where the nature of the product is such that the disclosure
of its component parts, ingredients, quality, or date of manufacture and expiry is material to
the decision of the consumer to enter into a contract for sale, the manufacturer shall
disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the Government
may, by general or special order, require such disclosure in any particular case.
12. Prohibition on exclusions from liability.– The liability of a person by virtue of this
part to a consumer who has suffered damage shall not be limited or excluded by the terms of
any contract or by any notice.
Part III
LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES
13. Liability for faulty or defective services.– A provider of services shall be liable
to a consumer for damages proximately caused by the provision of services that have
caused damage.
14. Standard of provision of services.– (1). Where the standard of provision of a
service is regulated by a special law, provincial or federal, the standard of services shall
be deemed to be the standard laid down by such special law.
(2) Where the standard of a service has not been provided for in any law or by
the professional or trade body concerned, the standard shall be that which at the time of
the provision of the service, a consumer could reasonably expect to obtain at that time in
Pakistan.
15. Restriction on grant of damages.– Where the consumer has not suffered any
damages from the provision of service except lack of benefit, the service provider shall
not be liable for any damages except a return of the consideration or a part thereof and
the costs.
16. Duty of disclosure.– (1) Where the nature of the service is such that the disclosure of the
capabilities or qualifications of the provider of the service or the quality of the products that he
intends to use for provision of the service is material to the decision of the consumer to enter into
a contract for provision of services, the provider of services shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the Government
may, by general or special order, require such disclosure in any case.
17. Prohibition on exclusions from liability.– The liability of a person by virtue of this
Part to a person who has suffered damage shall not be limited or excluded by the terms of
any contract or by any notice.
Part IV
OBLIGATIONS OF MANUFACTURERS
18. Prices to be exhibited at the business place.– Unless a price catalogue is available
for issue to customer, the manufacturer or trader shall display prominently in his shop or
display-centre a notice specifying the retail or wholesale price, as the case may be, of every
goods available for sale in that shop or display-centre.
19. Receipt to be issued to the purchaser.– Every manufacturer or trader who sells any
goods shall issue to the purchaser a receipt showing –
(a) the date of sale;
(b) description of goods sold;
(c) the quantity and price of the goods; and
(d) the name and address of the seller.
20. Return and refund policy.– Return and refund policy of a seller shall be
disclosed to the buyer clearly before the transaction is completed by means of a sign at
the point of purchase.
Part V
UNFAIR PRACTICES
21. False, deceptive or misleading representation.– No person shall make a false,
deceptive or misleading representation that–
(a) the products are of a particular kind, standard, quality, grade, quantity, composition,
style or model;
(b) the products have particular history or particular previous use;
(c) the services are of a particular kind, standard or quality;
(d) the services are provided by a person having a requisite skill or qualification or
experience;
(e) the products were manufactured, produced, processed or reconditioned at a
particular time;
(f) the products or services have any sponsorship, approval, endorsement,
performance, characteristics, accessories, uses or benefits;
(g) the products are new or reconditioned or have been in use for a particular period
of time only;
(h) the seller or producer of products or provider of services has any sponsorship,
approval, endorsement or affiliation;
(i) the products or services are necessary for somebody’s well being;
(j) concerns the existence, exclusion or effect of any condition, guarantee, right or
remedy; and
(k) concerns the place of origin of products.
22. Prohibition on bait advertisement.– (1) No person shall, in trade, advertise or
supply at a specified price products or services which that person–
(a) does not intend to offer for supply; or
(b) does not have reasonable grounds for believing that they can be supplied at that price
for a period that is, and in quantities that are, reasonable having regard to the nature
of the market in which the person carries on business and the nature of the
advertisement.
(2) Any person who has advertised products or services for supply at a specified
price shall offer such products or services for supply at that price for a period that is, and in
quantities that are reasonable having regard to the nature of the market in which the person
carries on business and the nature of the advertisement.
Part VI
THE POWERS OF THE AUTHORITY
23. Powers of Authority.– (1) Any person may file a complaint for violation of the
provisions of sections 11, 16, 18 and 19 before the Authority who, on being satisfied that
such is the case, fine the violator that may extend to fifty thousand rupees and which may
be recovered as arrears of land revenue.
(2) The Authority may file a claim for declaring a product defective under sections
4, 5, 6, 7 or 8 or a service as faulty or defective under section 13 without proof of any damage
actually suffered by a consumer but likely to be suffered keeping in view the general standard of
that service.
(3) The Authority may file a claim before the Consumer Court for declaring
any act on the part of any person as being in contravention to Part IV of this Act without
proof of any damage actually suffered but likely to be suffered due to the said
contravention.
(4) The Authority on receipt of a complaint or a reference from the Consumer
Protection Council or on his own motion, may hold an inquiry as to defects in products or
services or practices which contravene any of the provisions of this Act. No prior notice shall
be required to be given to a manufacturer or provider of services for the purposes of holding an
inquiry.
(5) The Authority, while holding an inquiry, may direct the police or any other
officer or authority of the Government to gather such evidence as it deems necessary or to
perform function in accordance with law which have an impact on the inquiry.
(6) The Authority may delegate his powers under this Act through a
notification to any officer of the Government with its prior approval.
(7) Any person aggrieved by the order passed under sub-section (1) may file an
appeal before the Government within thirty days of such order.
3[3]
[23-A. Powers of Government.– (1) The Government may, by general or special
order and subject to such conditions as may be prescribed, exercise all or any of the powers
conferred upon the Authority under this Act except the power of imposition of fine under
section 23(1).
(2) The Government may, from time to time, issue directions to the Authority
with regard to the performance of the functions of the Authority under this Act.
(3) The Government may, at any stage, modify or set aside any order or action of
the Authority subject to such condition or conditions as it may deem fit.]
Part VII
CONSUMER PROTECTION COUNCIL
24. Consumer Protection Council.– (1) The Government shall set up a Consumer
Protection Council in the Province.

3[3]Inserted by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006).
(2) The Government may set up Consumer Protection Councils in one or
more districts which shall report to the Provincial Consumer Protection Council.
(3) The Consumer Protection Councils shall have such other functions as may
be assigned to them by the Government by notification in the official Gazette.
(4) The Provincial Consumer Protection Council shall gather such information
and data as may be necessary in order to remove unreasonably dangerous products and
faulty and defective services from trade or commerce.
(5) Each Consumer Protection Council shall have an adequate representation
of consumers and associations of trade, industry and services, as the case may be, duly
registered under the law for the time being in force; provided that the representation of
consumers on the Council, other than any ex-officio members, shall not be less than fifty
per cent of its total membership.
Part VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS
25. Filing of Claims.– A claim for damages arising out of contravention of any
provisions of this Act shall be filed before a Consumer Court set up under this Act.
26. Establishment of Consumer Courts.– (1) The Government shall, by
notification, establish one or more separate Consumer Courts 4[4][for an area, comprising
one or more districts] to exercise jurisdiction and powers under this Act.
(2) A Consumer Court shall consist of a District Judge 5[5][or an Additional District
Judge] to be appointed by the Government in consultation with the Lahore High Court.
(3) The terms and conditions of service of 6[6][the District Judge or the
Additional District Judge] appointed under sub-section (2) shall be such as may be
prescribed.
27. Jurisdiction of Consumer Courts.– Subject to the provisions of this Act, the
Consumer Court shall have jurisdiction to entertain complaints within the local limits of
whose jurisdiction–
(a) the defendant or each of the defendants, where there are more than one, at the time of
filing of the claim, actually and voluntarily resides or carries on business or
personally works for gain; or
(b) any of the defendants where there are more than one, at the time of the filing of
the claim, actually and voluntarily resides, or carries on business, or personally
works for gain; provided that in such a case the permission is granted by the
Consumer Court or the defendants 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.
28. Settlement of Claims.– (1) A consumer who has suffered damage, or Authority
in other cases, shall, by written notice, call upon a manufacturer or provider of services
that a product or service is defective or faulty, or the conduct of the manufacturer or
service provider is in contravention of the provisions of this Act and he should remedy
the defects or give damages where the consumer has suffered damage, or cease to
contravene the provisions of this Act.
(2) The manufacturer or service provider shall, within fifteen days of the
receipt of the notice, reply thereto.
(3) No claim shall be entertained by a Consumer Court unless the consumer or
the Authority has given notice under sub-section (1) and provides proof that the notice
was duly delivered but the manufacturer or service provider has not responded thereto.
(4) A claim by the consumer or the Authority shall be filed within thirty days
of the arising of the cause of action:
Provided that the Consumer Court, having jurisdiction to hear the claim, may allow a
claim to be filed after thirty days within such time as it may allow if it is satisfied that there
was sufficient cause for not filing the complaint within the specified period:
Provided further that such extension shall not be allowed beyond a period of sixty
days from the expiry of the warranty or guarantee period specified by the manufacturer or

4[4]Substituted for the words “in each district” by the Punjab Consumer Protection (Amendment) Act 2006 (XI of
2006).
5[5]Inserted ibid.
6[6]Substituted ibid., for the words “the District Judges”.
service provider and if no period is specified one year from the date of purchase of the
products or providing of services.
29. Settlement at pretrial stage.– Any party to the dispute may, at the pretrial stage,
make a firm written offer of settlement stating the amount offered for settlement and if the
offer is accepted by the opposing party, the Consumer Court shall pass an order in terms of
the settlement:
Provided that notwithstanding anything contained in any other law for the time
being in force, the party refusing the offer of settlement shall pay actual costs of litigation,
including lawyer’s fees, in case the final order of the Consumer Court is passed against that
party:
Provided further that the court’s approval regarding settlement shall be required in
the following matters–
(i) claims of a minor;
(ii) claims of a legally incapacitated person; and
(iii) claims involving collective rights.
30. Procedure on receipt of complaint.– (1) The Consumer Court shall, on receipt
of a claim if it relates to any products,–
(a) forward a copy of the claim to the defendant mentioned in the claim directing him to
file his written statement within a period of fifteen days or such extended period not
exceeding fifteen days;
(b) where the defendant, on receipt of claim referred to him under clause (a), denies or
disputes the allegations contained in the claim, or omits or fails to present his case
within the time specified, as the case may be, the Consumer Court shall proceed to
settle the consumer dispute in the manner specified hereafter;
(c) where the claim alleges that products are defective and do not conform to the
accepted industry standards, the Consumer Court may decide the dispute on the
basis of the evidence relating to the accepted industry standards and by inviting
expert evidence in this regard;
(d) where the dispute cannot be determined without proper analysis or test of
products, the Consumer Court shall obtain sample of the products from the
complainant, seal it and authenticate it in the manner prescribed and refer the
sample to a laboratory along with a direction to make analysis or test, whichever
may be necessary, with a view to finding out if such products suffer from any
defect and to report its findings to the Consumer Court within a period of thirty
days of the receipt of the reference or within such period as may be extended, not
exceeding fifteen days by the Consumer Court; and
(e) the Consumer Court may require the claimant to deposit to the credit of the Consumer
Court such fees as may be specified, for payment to the laboratory for carrying out the
necessary analysis or test and the fee so deposited by the claimant shall be payable by
the defendant if the test or analysis support the version of the claimant.
(2) The Consumer Court shall, if the claim relates to any services,–
(a) forward a copy of such claim to the defendant directing him to file his written
statement within a period of fifteen days or such extended period not
exceeding fifteen days as may be granted by the Consumer Court; and
(b) on receipt of the written statement of the defendant, if any, under clause (a),
proceed to settle the dispute on the basis of evidence produced by both the
parties:
Provided that if the defendant does not deny or dispute the allegations made in the
complaint or fails to present his case within the specified period, the dispute shall be
settled on the basis of the evidence brought by the claimant.
(3) For the purposes of this section, the Consumer Court shall have the same
powers as are vested in civil court under the Code of Civil Procedure, 1908 (Act XX of
1908), while trying a suit, in respect of the following matters, namely:-
(a) the summoning and enforcing attendance of any defendant or witness and
examining him on oath;
(b) the discovery and production of any document or other material object which
may be produced as evidence;
(c) the receiving of evidence on affidavits;
(d) issuing of any commission for the examination of any witness; and
(e) any other matter which may be prescribed.
(4) Every proceeding before the Consumer Court shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code 1860 (Act
XLV of 1860), and section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898
(Act V of 1898):
Provided that the personal presence of the claimant before the Consumer Court
shall not be required till the defendant has put up appearance before it.
(5) The Consumer Court shall decide the claim within six months after the
service of summons on the respondent.
31. Order of Consumer Court.– If, after the proceedings conducted under this Act, the
Consumer Court is satisfied that the products complained against suffer from any of the
defects specified in the claim or that any or all of the allegations contained in the claim
about the services provided are true, it shall issue an order to the defendant directing him to
take one or more of the following actions, namely:-
(a) to remove defect from the products in question;
(b) to replace the products with new products of similar description which shall be
free from any defect;
(c) to return to the claimant the price or, as the case may be, the charges paid by the
claimant;
(d) to do such other things as may be necessary for adequate and proper compliance
with the requirements of this Act;
(e) to pay reasonable compensation to the consumer for any loss suffered by him due
to the negligence of the defendant;
(f) to award damages where appropriate;
(g) to award actual costs including lawyers’ fees incurred on the legal proceedings;
(h) to recall the product from trade or commerce;
(i) to confiscate or destroy the defective product;
(j) to remedy the defect in such period as may be deemed fit; or
(k) to cease to provide the defective or faulty service until it achieves the required
standard.
32. Penalties.– (1) Where a manufacturer fails to perform or in any way infringes the
liabilities provided in sections 4 to 8, 11, 13, 14, 16, 18 to 22, he shall be punished with
imprisonment which may extend to two years or with fine which may extend to hundred
thousand rupees or with both in addition to damages or compensation as may be determined
by the court.
(2) Where a defendant or the claimant fails or omits to comply with any order
made by the Consumer Court, such defendant or the claimant shall be punishable with
imprisonment for a term not less than one month which may extend to three years, or with
fine not less than five thousand rupees which may extend to twenty thousand rupees or with
both.
33. Appeal.– Any person aggrieved by any final order of the Consumer Court may
file an appeal in the Lahore High Court within 30 days of such order.
34. Finality of Order.– Every order of the Consumer Court, if no appeal has been
preferred against such order under the provisions of this Act, shall become final.
35. Dismissal of frivolous or vexatious claims.– Where a claim is found to be
frivolous or vexatious, the Consumer Court shall dismiss the claim and impose fine on
the claimant up to an amount not exceeding ten thousand rupees for having willfully
instituted a false claim and shall award appropriate compensation to the defendant from
the amount of fine so realized.
Part IX
MISCELLANEOUS
36. Aid to the Consumer Court.– All agencies of the Government shall act in aid of
the Consumer Court in the performance of its functions under this Act.
37. Immunity.– No suit, prosecution or other legal proceedings shall lie against any
functionary under this Act, acting under the direction of the Consumer Council or the
Government for anything which is in good faith done or intended to be done under this Act.
38. Power to make rules.– The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
39. Power to remove difficulties.– If any difficulty arises in giving effect to any of
the provisions of this Act, the Government may make such order, not inconsistent with
the provisions of this Act, as may appear to it to be necessary or expedient for removing
such difficulty.

You might also like