Procedure for Admission of Complaint Related to Goods or Services in the District Forum

Under the Consumer Protection Act, 2019, the District Forum plays an essential role in resolving consumer disputes, particularly those involving goods and services. When a complaint is filed, the District Forum follows a prescribed procedure to address the complaint. This article focuses on the steps the District Forum takes when a complaint is admitted under Section 12 and the matter pertains to goods where the usual procedure cannot be followed or relates to services.

1. Referral of Complaint to the Opposite Party

Once a complaint is admitted by the District Forum, the following procedure is followed:

• Referral of Complaint:
  The District Forum will refer a copy of the complaint to the opposite party (the party against whom the complaint has been filed) within 21 days of the complaint’s admission. The opposite party is required to provide their version of the case within 30 days from the date they receive the complaint. This timeframe can be extended by the District Forum for an additional 15 days, if deemed necessary.

2. Actions if the Opposite Party Disputes or Fails to Respond

If the opposite party disputes the allegations or fails to respond within the time given by the District Forum, the forum will proceed as follows:

• Denial of Allegations:
  If the opposite party denies the allegations contained in the complaint, the District Forum will proceed with the case based on the evidence presented by both the complainant and the opposite party. This means that the District Forum will consider all available evidence, including any statements, documents, or records, and evaluate the case accordingly.
• Failure to Respond:
  If the opposite party fails to appear or respond within the time allowed, the District Forum may proceed ex parte. This means the case will be decided based on the evidence presented by the complainant alone. In such cases, the forum does not require the opposite party’s version or defense to proceed with the complaint.

3. Procedure in Case of Disputes or Failure to Respond

The District Forum follows a systematic approach when the opposite party disputes the allegations or fails to respond:

• (i) Settlement Based on Available Evidence:
  When the opposite party denies or disputes the allegations in the complaint, the District Forum considers the evidence presented by both the complainant and the opposite party. Both parties will be given a fair opportunity to present their arguments and evidence. The District Forum will then evaluate the evidence and make a decision accordingly.
• (ii) Ex Parte Settlement:
  If the opposite party does not take any action or fails to appear before the District Forum, the case will be settled ex parte, meaning the forum will make a decision based on the evidence provided by the complainant alone. This ensures that the complainant is not disadvantaged by the non-appearance or failure of the opposite party to defend themselves.

4. Procedure if the Complainant Fails to Appear

In situations where the complainant fails to appear before the District Forum on the scheduled date for the hearing, the District Forum has the discretion to either:

• Dismiss the Complaint for Default:
  If the complainant fails to appear without a valid reason, the District Forum may dismiss the complaint for default. This is typically done when the complainant does not show up for hearings or does not take action to pursue the case.
• Decide on Merits:
  If the complainant fails to appear but the forum believes that there is enough evidence to proceed, it may decide the case on its merits. This means that the District Forum will evaluate the available evidence and make a decision based on the facts, even in the absence of the complainant.

5. Timely Adjudication of Complaints

The Consumer Protection Act, 2019 emphasizes expeditious resolution of consumer disputes. The District Forum is expected to resolve complaints as quickly as possible, with efforts to decide the case:

• Within 3 months if the complaint does not require testing or analysis of goods or services.
• Within 5 months if the complaint involves goods or services that need analysis or testing.

This ensures that consumers are not unduly delayed in receiving justice.

6. The Role of Legal Expertise in Consumer Cases

Consumer disputes can often involve complex legal and factual issues, especially when goods or services are defective or when the opposite party disputes the claims. Therefore, having legal expertise to navigate the procedure and ensure proper representation is crucial.

If you are facing a consumer dispute and need assistance with filing your case or responding to legal notices, Legal Light Consulting can provide expert legal advice and support. Our experienced team can guide you through the entire process, from filing complaints to handling hearings, and ensuring that your rights as a consumer are fully protected.

Conclusion

The procedure followed by the District Forum in consumer disputes related to goods or services ensures that complaints are dealt with fairly, efficiently, and in a manner that upholds the principles of natural justice. Whether the opposite party disputes the allegations, fails to respond, or the complainant fails to appear, the District Forum has the necessary mechanisms in place to ensure the case is decided fairly based on the evidence at hand.

If you need assistance with filing a complaint, responding to a legal notice, or understanding the procedural requirements, Legal Light Consulting is here to help. Our team of experts is dedicated to guiding you through every step of the process to ensure your rights as a consumer are fully protected.

Contact Legal Light Consulting for expert legal advice and assistance in filing consumer cases and sending legal notices. Let us help you achieve a fair and just resolution to your consumer disputes.