Procedure for Admission of Complaints in the District Forum Under the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 provides an efficient and structured framework for resolving consumer disputes, with the District Forum being one of the primary bodies to address such grievances. Section 12 of the Act outlines the procedures for filing and admitting complaints before the District Forum. However, in cases involving goods where standard procedures cannot be followed or when the complaint pertains to services, the District Forum adopts a specific approach to ensure fair and timely resolution. This article explores the procedure followed by the District Forum in such cases.

1. Referral of Complaint to the Opposite Party

Upon the admission of a complaint, the District Forum undertakes the following steps:

• Referring the Complaint:
  If the complaint relates to goods or services where the standard procedure cannot be applied, or the complaint pertains to services, the District Forum refers a copy of the admitted complaint to the opposite party. The opposite party is then directed to respond and provide their version of the case within a specified time frame of 30 days from the receipt of the complaint. This time period may be extended by up to 15 days, at the discretion of the District Forum, if sufficient cause is shown.

2. Failure to Respond or Dispute by the Opposite Party

If the opposite party either disputes the allegations or fails to respond within the specified time, the District Forum proceeds to resolve the dispute:

• Dispute by the Opposite Party:
  If the opposite party denies or disputes the allegations in the complaint, the District Forum will examine the case based on the evidence provided by both the complainant and the opposite party. The forum gives both parties an equal opportunity to present their case, and a decision is made based on the available evidence.
• Failure to Respond:
  In cases where the opposite party does not respond to the complaint, the District Forum will proceed ex parte. This means that the forum will decide the case based on the evidence presented by the complainant alone. In such cases, the opposite party’s lack of participation will not prevent the forum from moving forward with the resolution of the dispute.

3. Procedure When the Complainant Fails to Appear

The District Forum ensures that both parties are heard in the dispute. However, if the complainant fails to appear before the forum on the scheduled date of hearing, the forum has two options:

• Dismissal for Default:
  If the complainant does not appear and fails to provide a valid reason for their absence, the District Forum may choose to dismiss the complaint for default. This is typically done when the complainant does not show up without any justification or legal grounds for their absence.
• Decision on Merits:
  In certain situations, if the complainant fails to attend the hearing but the District Forum believes that there is sufficient evidence to proceed, the forum may choose to decide the case on its merits. This ensures that the dispute is resolved based on the available facts, even if one party fails to appear.

4. Timely Resolution of Complaints

The Consumer Protection Act, 2019 prioritizes the timely resolution of consumer disputes. In this regard, the District Forum is mandated to resolve complaints as efficiently as possible:

• Non-Testing Complaints:
  For complaints that do not involve the analysis or testing of goods, the District Forum should aim to resolve the case within three months from the date of receipt of notice by the opposite party.
• Testing or Analysis Required:
  If the complaint involves goods that require analysis or testing (e.g., for defects), the District Forum has a slightly extended time frame of five months to resolve the complaint.
• No Adjournments Without Valid Cause:
  To ensure expeditious hearings, the District Forum is required to avoid granting adjournments unless there is sufficient cause. If an adjournment is granted, the reasons for doing so must be recorded in writing by the forum. The forum may also impose costs on the party requesting the adjournment, as prescribed in the regulations.
• Late Disposition:
  If the District Forum is unable to dispose of the complaint within the specified time, it is required to provide a written explanation for the delay at the time of disposal.

5. Interim Orders and Interim Relief

The District Forum has the authority to pass interim orders as part of its powers to ensure the protection of consumer rights during the pendency of a case:

• Interim Orders:
  The forum may pass interim orders when it deems it necessary, based on the facts and circumstances of the case. Interim orders are intended to provide temporary relief to the complainant while the case is being processed, ensuring that the consumer’s rights are protected until a final decision is made.

6. Legal Support for Consumers

Navigating the process of filing and pursuing a consumer complaint can be complex, especially when dealing with disputes over goods or services. Legal assistance is often crucial to ensure that a complainant’s case is properly represented and handled effectively.

At Legal Light Consulting, we specialize in guiding consumers through the process of filing complaints, preparing legal notices, and representing their interests before the District Forum. Our expert legal team can provide comprehensive support, including assistance with documentation, court appearances, and the filing of necessary petitions.

Conclusion

The procedure followed by the District Forum for the admission of complaints related to goods or services ensures a fair and systematic process for the resolution of consumer disputes. From referring complaints to the opposite party, dealing with failures to respond, and deciding the case on merits, to ensuring timely disposal and the possibility of interim relief, the forum is structured to safeguard consumer interests.

If you are facing a consumer dispute and require expert legal assistance, Legal Light Consulting is here to help. Our team of legal professionals is experienced in handling consumer cases and can guide you through every step of the process, from filing your complaint to ensuring that your case is resolved efficiently and justly.

Contact Legal Light Consulting for expert legal advice and assistance with filing your consumer case and sending legal notices. Let us help you secure your rights as a consumer.