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Question

Which of the following is true ?

This question was previously asked in
UGC NET 2014 Paper 1 Question Paper (28-Dec-2014)
The correct answer is

A consumer court setup under the Consumer Protection Act, does not have the power to punish for its contempt.

Under the Consumer Protection Act, 1986 the District Forum, State Commission and National Commission are quasi-judicial bodies. The Act gave them some powers of a civil court (summoning, evidence, discovery) and, under Section 27, the power to punish a trader or complainant who fails to comply with their orders (imprisonment of one month to three years and/or fine of ₹2,000 to ₹10,000). It did not give them a general power to punish for contempt of themselves, which belongs to the Supreme Court and High Courts (Articles 129 and 215, Contempt of Courts Act, 1971). So the statement on contempt is true.

Professional services are not outside the Act: in Indian Medical Association v. V.P. Shantha (1995) the Supreme Court held that paid medical services are a "service" under Section 2(1)(o), so doctors, hospitals and other paid professionals can be sued for deficiency in service.

On misleading advertising, the fora can order the trader to discontinue the unfair trade practice and not to repeat it and, after the 2002 amendment (Section 14(1)(hc)), to issue a corrective advertisement that neutralises the misleading one. No provision compels an admission of guilt as such, so the statement on confession is arguable; the official key treats the contempt statement as the clearly correct one, since the absence of contempt power is settled law.

Since a statement is true, "none of the above" fails.

Hence, A consumer court setup under the Consumer Protection Act, does not have the power to punish for its contempt.

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Similar Questions

  1. Which of the following refers to a situation in which the merger of companies results in over 25% of the market in the hands of the merged companies ?

  2. The time limit for filing a complaints before the District forum under the Consumer Protection Act, 1986 is

  3. Indicate the true statement :

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  5. Which of the legislation(s) do (does) not form part of the legal environment of business in India ?

  6. Match the items/terms given in List-I with those given in and List-II.

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Important Questions from Legal Environment

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