NO. 27 OF 2003
- (b) the earliest date on which the consumer had knowledge that the supplier had engaged in the unfair practice to which the action relates, including—
- (i) in the case of an unfair practice referred to in section 4(a) or (b) or involving any representation, act or omission that is false, deceptive or misleading, knowledge that the representation, act or omission is false, deceptive or misleading; and
- (ii) in the case of an unfair practice referred to in section 4(c) or involving taking advantage of the consumer, knowledge that the supplier had taken advantage of him,
whichever occurs later.
(2) No action under section 8(6), (7) or (8) shall be commenced later than one year from the date of the failure to comply with the undertaking sought to be enforced.
(3) No action under section 9 shall be commenced later than one year from the date of the occurrence of the last material event on which the action is based.
(4) No action under any regulations made under section 11 shall be commenced later than one year from the date of the cancellation of the contract.
(5) Knowledge that any representation, act or omission did or did not, as a matter of law, involve an unfair practice is irrelevant for the purposes of subsection (1)(b).
(6) For the purposes of subsection (1)(b), a consumer’s knowledge includes knowledge which he might reasonably have been expected to acquire from facts—
- (a) observable or ascertainable by him; or
- (b) ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek.
(7) A consumer shall not be taken by virtue of subsection (6) to have knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.