The Government of India has recently proposed a significant number of changes to the Consumer Protection Act, 1986 (the Consumer Act) vide the Consumer Protection (Amendment) Bill 2011. The Amendment
I have a query to ask that I have obtained decree from consumer court in 2003. Now the EP proceedings are under way. Wheather the penalty of rs.500 per day of non compliance of court decree in my case is counted from 2003 to till date. Please clarify.
Kindly let us know about how will the compliants be done on internet.
You better agree with her opinion
I don't agree at all with Ms. Kongovi's opinion. Firstly, adding a penalty for each day's default for non-compliance does not in of itself take away the power of the forum to award interest. Unless there is some other provision doing so that has not been mentioned in this article, the proposition is patently ludicrous. The forum can always award refund compensation interest (i.e. from the day the petition was filed). If the judgment debtor pays up on the first day, he need not pay any penalty (but would still be liable to pay interest between the date of filing of the petition and till the date of payment). However, if the judgment debtor still does not pay for another 6 months, then he would not only be liable to pay interest, but over and above that a penalty as well for that entire 6 months. This is a welcome amendment for consumers.As for the aspect about penalty not applying during period of appeal, it would be most prudent to leave that to the appellate authority. If they find something glaring, they can stay further accrual of the penalty. However, if prima facie there is nothing glaring, then let the penalty accrue. This will only discourage disingenuous service providers from filing frivolous appeals only to delay payment.
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