Chapter-10 Provisions Relating to Compensation

Chapter-10 Provisions Relating to Compensation

  1. Compensation may be claimed: If bodily, mental, financial, physical or other kind of harm and injury is caused to any consumer by use of the goods or services sold or distributed contrary to this Act, or damage is occurred as a result of defective production of goods, the consumer himself or herself, or any consumer association on his or her behalf, or the heir of the consumer if the consumer is incompetent or has already died, may make a complaint to the Court for compensation from the person who has produced, imported, hoarded, transported, sold and distributed or provided such goods or services within six months from the date of harm and injury caused.
  2. To provide compensation: If the consumer is wounded by the use of the goods or services sold, distributed or provided contrary to this Act, treatment expenses, interim relief amount for the daily subsistence as per the family circumstances throughout the treatment period and, if it is proved, in course of the  investigation, that the consumer has suffered, the consumer, or the heir as per law, if he or she has died, shall entitled to get the amount of compensation from the concerned producer, importer, hoarder, carrier, distributor or seller concerned on the basis of such harm and injury.
  3. To determine the standards of compensation: (1) The Court shall, while determining the amount to be received by the consumer for compensation pursuant to Section 51, have to determine it by taking following matters into consideration:

                 (a)        physical or mental suffering or pain caused to the victim, and its severity,

                 (b)        estimated expenses to be made for treatment if curable damage is caused,

                 (c)        depreciation caused in the capacity of the victim to generate income due to the physical or mental

damage,

                (d)       victim’s age and his or her family responsibility, if incurable type of physical or mental damage is caused,

              (e)        number of victim’s family members who are dependent upon him or her and minimum expenses required for the maintenance of their livelihood if the victim has died,

                (f)        such other matters, out of the matters claimed by the victims, as found to be proper and appropriate,

                 (g)        financial and business condition of the producer, importer, hoarder, seller and service provider.

                        (2) Other provisions relating to the determination of compensation pursuant to sub-section (1) shall be as prescribed.