Superior Court Rules

ORDER 104

CONSUMER INFORMATION ACT, 1978

1. In this Order–

‘the Act’ means the Consumer Information Act, 1978;

‘the Director’ means the holder for the time being of the Office of Director of Consumer Affairs.

2. An application for an order under section 8(3) of the Act shall be by motion on notice to the person against whom relief is sought.

3. The notice of motion shall be entitled in the matter of the Act on the application of the Director; shall state the relief sought; shall state the name of the Director, and his place of business or address for service; the date upon which it is proposed to apply to the court for relief; and shall be filed in the Central Office.

4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the court that any person to whom notice has not been given ought to have or ought to have had such notice, the court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the court may think fit to impose.

5. There must be at least four days between the service of the notice and the day named therein for the hearing of the motion.

6. (a) Subject to the right of the court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within three days of the service on him of the applicant’s affidavit and the respondent must within such period serve a copy of any affidavit intended to be used by him on the application.

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