Powers of the District Forum under the Consumer Protection Act, 2019: Similarities with Civil Court Procedures

The District Forum, under the Consumer Protection Act, 2019, is vested with specific powers to adjudicate disputes between consumers and service providers or sellers of goods. In many respects, these powers are comparable to those held by a civil court under the Code of Civil Procedure, 1908 (CPC). The aim is to ensure that consumer disputes are resolved effectively, justly, and in a manner that upholds the principles of natural justice.

This article delves into the specific powers that the District Forum holds, similar to a civil court, and how these powers help in the adjudication of consumer disputes.

1. Powers of the District Forum Comparable to Civil Court

According to the Consumer Protection Act, 2019, the District Forum possesses the following powers, which are equivalent to those of a civil court while trying a suit:

• Summoning and Enforcing Attendance (Section 27 of CPC): The District Forum has the authority to summon and enforce the attendance of any defendant or witness. This is similar to the powers of a civil court, which can compel a person to appear and give testimony under oath. This power ensures that the forum can gather all relevant evidence to make an informed decision.
• Discovery and Production of Documents (Order XI of CPC): The District Forum can order the discovery and production of any documents or material evidence that are necessary for the case. This is analogous to the discovery process in civil suits, where parties are required to disclose documents that may support their claims or defenses. This power helps ensure that both parties have access to the evidence required to prove or disprove the allegations.
• Reception of Evidence on Affidavits (Order XIX of CPC): The District Forum has the power to receive evidence by way of affidavits, similar to the procedure in civil courts. This allows for the submission of written testimony, which may be crucial when witnesses are unavailable or when time is a limiting factor. The use of affidavits streamlines the process and ensures that the proceedings are not delayed unnecessarily.
• Requisitioning Reports from Laboratories (Section 47 of CPC): If the complaint involves a defect in goods or services that requires expert analysis, the District Forum can requisition a report from an appropriate laboratory or relevant authority. This is particularly important in cases involving defective products or services where technical evidence is necessary to determine the merits of the claim. Similar to how a civil court may order an expert witness or a scientific examination, the District Forum ensures that the dispute is settled with the aid of expert testimony when required.
• Issuing Commissions for Witness Examination (Order XXVI of CPC): The District Forum has the power to issue commissions to examine witnesses, much like a civil court. A commission may be appointed to take testimony in a case, particularly if witnesses are unavailable to appear in person due to various reasons, such as illness or distance. This ensures that the forum can gather all necessary information, even if witnesses cannot physically attend hearings.
• Other Prescribed Powers: In addition to the powers listed above, the District Forum may have other powers that are prescribed by the relevant regulations under the Consumer Protection Act, 2019. These powers ensure that the forum has all the necessary tools at its disposal to address consumer disputes efficiently.

2. Judicial Nature of the District Forum’s Proceedings

The District Forum is not just an administrative body; it is deemed a judicial forum for the purposes of the Consumer Protection Act, 2019. In fact, the forum is considered a civil court for several purposes as outlined below:

• Judicial Proceeding:
  Every proceeding before the District Forum is regarded as a judicial proceeding under the Indian Penal Code (IPC), specifically under sections 193 and 228. These sections make the proceedings before the forum subject to the same rules of evidence and conduct as a civil suit, ensuring that the decisions made are legally binding and enforceable.
• Civil Court Equivalence:
  The District Forum is treated as a civil court under section 195 of the Criminal Procedure Code (CrPC) and Chapter XXVI of the CrPC. This enables the forum to issue processes such as summonses, warrants, and orders that are enforceable in the same way as those issued by a civil court. This ensures that the District Forum has the legal backing to compel compliance with its orders.

3. Application of the Code of Civil Procedure, 1908

The Consumer Protection Act, 2019 also brings certain provisions of the Code of Civil Procedure, 1908 into play for the District Forum:

• Rule 8 of Order I of CPC:
  The District Forum applies the provisions of Rule 8 of Order I of the CPC when the complainant is a consumer, as defined in sub-clause (iv) of clause (b) of sub-section (1) of section 2 of the Consumer Protection Act, 2019. This rule generally governs the procedure for framing issues in civil suits and ensures that the proceedings before the District Forum follow a structured legal framework. Every reference to a “suit” or “decree” under the CPC is interpreted as a reference to a “complaint” or the “order of the District Forum.”
• Order XXII of CPC in Case of Death:
  In the event of the death of either the complainant or the opposite party during the pendency of the case, the provisions of Order XXII of the CPC apply. This order deals with the procedure for substituting parties in the event of a party’s death. The District Forum follows the same procedure, ensuring that the death of a party does not result in the dismissal of the case, and appropriate substitutes can be appointed.

4. Legal Assistance for Consumers

Navigating the legal processes in consumer disputes can be complex, and the involvement of a skilled legal professional is often crucial. Whether you are filing a complaint before the District Forum, seeking an interim order, or requiring expert assistance to prepare affidavits and other evidence, Legal Light Consulting can help.

Our expert legal team is well-versed in consumer law and can provide comprehensive support, from drafting and filing complaints to representing you in proceedings before the District Forum. We also assist in sending legal notices to opposing parties, helping you get the redressal you deserve.

Conclusion

The District Forum under the Consumer Protection Act, 2019 has been empowered with the same legal authority as a civil court, enabling it to perform various judicial functions in consumer dispute resolution. The forum’s ability to summon witnesses, requisition expert reports, issue commissions, and enforce legal proceedings ensures that consumer rights are protected effectively.

If you are facing a consumer dispute, it is crucial to have expert legal guidance to navigate the complexities of the process. Legal Light Consulting is here to assist you with filing your complaint, ensuring that you receive fair and prompt justice in consumer matters.

Contact Legal Light Consulting for expert legal support in filing your consumer case, sending legal notices, and seeking professional advice on all consumer-related issues. Let us help you protect your rights and interests.