Jammu and Kashmir Consumer Protection Act, 1987

No: 16 Dated: Aug, 22 1987

The Jammu and Kashmir Consumer Protection Act, 1987

(Act No. XVI of 1987)

    An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils, and other authorities for the settlement of consumers’ disputes and for matters connected therewith.

Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-eighth Year of the Republic of India as follows : ––

CHAPTER I

Preliminary

1 Short title, extent, commencement and application. - (1) This Act maybe called the Jammu and Kashmir Consumer Protection Act, 1987.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by Notification in the Government Gazette, appoint and different dates may be appointed for different provisions of this Act.

(4) Save as otherwise expressly provided by the Government by Notification, in the Government Gazette, this Act shall apply to all goods and services.

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;

(aa) "branch office" means

(i) any establishment described as a branch by the opposite party; or

(ii) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment;

(b) "complainant" means

(i) a consumer; or

(ii) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force; or

(iii) the Government, who makes a complaint;

(iv) one or more consumers, where there are numerous consumers having the same interests;

(c) "complaint" means any allegation in writing made by a complainant that

(i) an unfair trade practice or a restrictive trade practice has been adopted by any traded

(ii) the goods bought by him or agreed to be bought by him suffer, from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him 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.

(v) goods which will be hazardous to life and safety when used, arc being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of 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 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 or avails of any services 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 or avails of 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;

Explanation.—For the purposes of sub-clause (i), "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purposes of earning his livelihood, by means of self-employment;

(e) "consumer disputes" means a dispute where the person against whom a complaint has been made, denies or 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 lime being in force under any contract, express or implied, order or as is claimed by the trader in any manner whatsoever in relation to any goods;

(g) "deficiency" means any fault, imperfection or shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under 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 services.

(h) "District Forum" means a Consumer Disputes Redressal Forum established under clause (a), section 7; and

(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) "manufacturer" means a person who

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

(ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others and claims the end product to the goods manufactured by himself; or

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

Explanation.—Where a manufacturer dispatches 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 dispatched to it are assembled at such branch office and are sold or distributed from branch office;

(kk) "member" includes the President and a member of the State Commission or a District Forum as the case may be;

(kk) "member" includes the President and a member of the State Commission or a Divisional Forum as the Case may be ;

(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;

(nn) "restrictive trade practice" means any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as a condition precedent for buying, hiring or availing of other goods or services;

(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, boarding or lodging or both, housing construction, 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 where such goods are sold or distributed in package form, includes the packer thereof;