Burden of proof
9.  In any proceedings taken in any court between the consumer and a supplier where a dispute arises as to whether —
(a)the product information notice has been provided to the consumer in accordance with regulation 3B(1);
(b)the product information notice complied with the requirements of regulation 3B(2);
(c)the consumer information notice has been brought to the attention of the consumer in accordance with regulation 4(1)(b);
[S 625/2016 wef 09/12/2016]
(d)the consumer information notice informed the consumer of his right to cancel the contract under these Regulations, and contained the information specified in the First Schedule, in accordance with regulation 4(6);
[S 625/2016 wef 09/12/2016]
(e)the consumer had affirmed the contract under regulation 4(3); or
[S 625/2016 wef 09/12/2016]
(f)the supplier had, before entering into the contract with the consumer, complied with an order mentioned in section 9(4)(b) of the Act that was made against the supplier under section 9(1)(c) of the Act,
section 18A of the Act shall apply so that the supplier shall bear the burden of proving that the requirement referred to in paragraph (a), (b), (c), (d), (e) or (f), as the case may be, has been complied with.
[S 43/2014 wef 01/04/2014]
[S 625/2016 wef 09/12/2016]