terms. Clauses (d) and (f) thereof read as under:
"2. (d) `consumer' means any person who,--
46
(i) buys any goods ... self-employment; (The explanation was
substituted w.e.f. 15.3.2003 by Consumer
Protection (Amendment) Act 62, 2003)
(f) `defect' means any fault, imperfection
Forum on receipt of a complaint from a consumer
involving value upto Rupees one lakh (after amendment in
1993, five lakhs). Inter alia it provides ... must, therefore, hold that (i) the explanation added
by The Consumer Protection (Amendment) Act 50 of 1993
(replacing Ordinance 24 of 1993) with effect from
first mentioned person.*
[*The above definition was amended by Consumer Protection (Amendment) Act,
62 of 2002 by adding the words 'but does not include ... limited to,
the provision of' by the Consumer Protection (Amendment) Act, 2002 (62 of
2002) with effect from 15.3.2003]
Contentions :
10. The appellant contends
does not exclude the jurisdiction of the Consumer
Forum to decide disputes under the Consumer Act . The
amendment to Section 8(1) of the Arbitration ... intended to interfere with the
jurisdiction of Consumer Forum to decide consumer
disputes. He submits that amendment in Section 8(1)
is being read
contended that after the
amendment of Section 26 , the legal position is that when a
dispute is raised either by consumer or by licensee about ... consumer who are not similarly circumstanced. The Consumer
is, at all times, at the mercy of the licensee on the point
that consumer
expanse of the term “consumer” in the
unamended definition, the Court considering the Explanation added by the
Consumer Protection (Amendment ... mention here
that the definition of the term “consumer” has been amended by the Consumer
Protection (Amendment) Act, 2002 (62 of 2002) with effect from
legislature brought certain amendments to the said Act by
the Consumer Protection (Amendment) Act, 1993 (hereinafter
referred to as “1993 Amendment ... Consumer Protection
(Amendment) Act, 2002 (hereinafter referred to as “the 2002
Amendment Act”). One of the objects for bringing out the
2002 Amendment
President or
as a member before the commencement
of the Consumer Protection
(Amendment) Act, 1993 , shall
continue to hold such office as
President or member ... till the completion of his
term.]
-----------------------
1. Ommitted by the Consumer
Protection (Amendment) Act, 1993
(w.e.f.18th June, 1993).
2. Inserted by ibid
term “consumer” in the
unamended form and the explanation added to the expression
3 (1994) 1 SCC 243
18
“Consumer” by an amendment, ruled that ... sets of words.
and after a fair analysis of the definition “consumer”
postamendment 1993 finally held as under:
“21. We must, therefore, hold that
Reason:
by the Consumer Protection
(Amendment) Act, 2002
1
8. Discussion regarding provisions for 13 39-42
enforcement of orders
9. Scheme of the Consumer ... After the amendment of the 1986 Act by Consumer
Protection (Amendment) Act, 200219,which came into force w.e.f.
15.03.2003, till the enactment