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Section 2 – JAMMU AND KASHMIR CONSUMER PROTECTION ACT

JAMMU AND KASHMIR CONSUMER PROTECTION ACT

 

2. Definitions

 

In this Act, unless the context otherwise requires,.

 

(a) “appropriate laboratory” means a laboratory or organisation recognised by the Government and includes any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect.

 

(b) “complainant” means.

 

(i) a consumer ; or

 

(ii) any voluntary consumer association registered under the Companies Act 1956 ; or

 

(iii) the Government who makes a complaint ;

 

(c) “complaint” means an allegation in writing made by a complainant that.

 

(i) as a result of any unfair trade practice adopted by any trader the complainant has suffered loss or damage ;

 

(ii) the goods mentioned in the complaint suffer from one or more defects ;

 

(iii) that services mentioned in the complaint suffer from deficiency in any respect ;

 

(iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods ;

 

with a view to obtaining any relief provided by or under this Act ;

 

(d) “consumer” means any person who.

 

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised, or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose ; or

 

(ii) hires any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person ;

 

(e) “consumer dispute” means a dispute where the person against whom a complaint has been made, denies of disputes the allegations contained in the complaint ;

 

(f) “defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standards which is required to be maintained by or under any law for the time being in force as is claimed by the trader in any manner whatsoever in relation to any goods ;

 

(g) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under in any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service ;

 

(h) “Divisional Forum” means a Consumer Disputes Redressal Forum established under clause (a) of Section 7 ;

 

(i) “goods” means goods as defined in the Jammu and Kashmir Sale of Goods Act, Samvat 1996;

 

(j) “Government” means the Government of Jammu and Kashmir ;

 

(k) “manufacture” means a person who,.

 

(i) makes or manufactures any goods or parts thereof, or

 

(ii) does not make or manufactures any goods but assembles parts

thereof made or manufactured by others and claims the end product to be goods manufactured by himself,

 

(iii) puts or causes to be put his own mark on any goods made or manufactures by any other manufacturer and claims such goods to be goods made or manufactured by himself.

 

Explanation. Where a manufacturer despatches any goods or part thereof to any branch office maintained by him, such branch office shall not be deemed to be the manufacturer even though the parts so despatched to it are assembled at such branch office and are sold or distributed from such branch office ;

 

(l) “notification” means a notification published in the Government Gazette ;

(m) “person” includes,.

 

(i) a firm whether registered or not ;

 

(ii) a Hindu undivided family ;

 

(iii) a co-operative society ;

 

(iv) every other association of persons whether registered under the Jammu and Kashmir Societies Registration Act, Samvat 1998 or not ;

 

(n) “prescribed” means prescribed by rules made by the Government under this Act ;

 

(o) “service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying a news or other information, under a contract of personal service;

 

(p) “State Commission” means a Consumer Disputes Redressal Commission established in the State under clause (b) of Section 7 ;

 

(q) “trader” in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and when such goods are sold or distributed in package form, includes the packer thereof ;

 

(r) “unfair trade practices” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the following practices and thereby causes loss or injury to the consumers of such goods or services whether by eliminating or restricting competition or otherwise namely :

 

(1) the practices of making any statement, whether orally or by visible representation which :

 

(i) falsely represents that the goods are of a particular standard, quality, grade, composition, style or model ;

 

(ii) falsely represents that the services are of a particular standard, quality or grade ;

 

(iii) falsely represents any rebuilt, second hand, renovated, reconditioned or old goods as new goods ;

 

(iv) represents that the goods or services, have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have ;

 

(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have ;

 

(vi) makes a false misleading representation concerning the need for, or the usefulness of any goods or services ;

 

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of a product or of any goods that is not based on an adequate or proper test there :

 

Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test ; the burden of proof of such defence shall lie on the person raising such defence ;

 

(viii) makes to the public a representation in a form that purports to be :

 

(i) a warranty or guarantee of a product or of any goods or services ;

 

(ii) a promise to replace, maintain or repair an article or any part thereof or to repeal or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out ;

 

(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been, or are ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in, the relevant market unless it is clearly specified to be the price at which the product has been sold services have been, provided by the person by whom or on whose behalf the representation is made ;

 

(x) gives false or misleading facts disparaging the goods, services or trade of another person ;

 

Explanation. For the purposes of clause (1), a statement that is :

 

(a) expressed on an article offered or displayed for sale, or on its wrapper or container ; or

 

(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale ; or

 

(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained.

 

(2)permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in, which the business is carried and size of business and the nature of the advertisement.

 

Explanation. For the purpose of clause (2), “bargain price” means.

 

(a) a price that is stated in advertisement to be bargain price, by reference to an ordinary price or otherwise ; or

 

(b) a price that a person who reads, hears, or sees the advertisement, would reasonably understand to be a bargain price having regard to the practices at which the product advertised or like product are ordinarily sold ;

 

(3) Permits.

 

(a) the offering of gifts, prizes or other terms with the intention of not providing them as offered or creating the impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole ;

 

(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting directly or indirectly, the sale, use or supply or any product or any business interest ;

 

(4) permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition, contents, design, construction furnishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods.

 

(5) permits the boarding or destruction of goods, or refuses to sell the goods or to make them available for sale, or to provide any service, if such boarding or destruction or refusal raises or tends to raise to or is intended to raise the cost of those or other similar goods or services.

 

 

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JAMMU AND KASHMIR CONSUMER PROTECTION ACT

 

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