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[Cites 0, Cited by 5] [Entire Act]

State of Jammu-Kashmir - Section

Section 12 in Jammu and Kashmir Consumer Protection Act, 1987

12. Finding of the [District Forum.] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.].

(1)If, after the proceeding conducted under section 11, the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.09.2002, w.e.f. 08.12.2011.] is satisfied that the goods complained against suffer from any of the defect specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to[do] [Substituted by Act XIX of 1997, Section 9.] one or more of the following things, namely:
(a)to remove the defect pointed out by the appropriate laboratory from the goods in question;
(b)to replace the goods with new goods of similar description which shall be free form any defect;
(c)to return to the complainant the price, or as the case may be, the charges paid by the complainant;
(d)to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;
(e)[ to remove the defects or deficiencies in the services in question; [Inserted by Act XIX of 1997.]
(f)to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them;
(g)not to offer the hazardous goods for sale;
(h)to withdraw the hazardous goods from being offered for sale;
(i)to provide for the adequate costs to parties.]
(2)[ Every order made by the] [Substituted by Act XIX of 1997, Section 10.]. [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] under sub-section (1) shall be signed by the majority of members constituting it and it shall be deemed to be the order of the [District Consumer Forum] [Substituted for "Divisional Consumer Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.]:Provided that where the proceeding is conducted by the President and one member and they differ on any points, they shall state the point or points on which they differ and refer the same to other member for hearing on such point or points and the opinion of the majority shall be the order of the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.].
(3)Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.], its sitting and other matters shall be such as may be prescribed by the Government.