Procedure on Admission of Complaint under the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 provides a comprehensive mechanism for resolving consumer disputes efficiently. One of the crucial steps in this process is the procedure that follows the admission of a complaint. This article outlines the procedure that a District Forum must follow once a complaint is admitted, ensuring the smooth progression of the case, including the necessary steps for testing goods, handling disputes, and issuing decisions.

1. Procedure Upon Admission of Complaint (Goods)

When a complaint relates to goods, the District Forum follows a detailed procedure to ensure that the complaint is resolved fairly and efficiently:

• (a) Referral to Opposite Party:
  Once the complaint is admitted, the District Forum shall refer a copy of the complaint to the opposite party (the seller, service provider, or manufacturer) within 21 days from the date of admission. The opposite party is then required to respond with their version of the case within 30 days or a possible extension of up to 15 additional days, as granted by the Forum.
• (b) Failure to Respond or Denial of Allegations:
  If the opposite party denies or disputes the allegations or fails to respond within the given timeframe, the District Forum proceeds to settle the dispute based on the evidence available. The forum has the power to make decisions based on the available evidence or proceed ex parte (in the absence of the opposite party) if they fail to appear or respond.
• (c) Testing of Goods (If Necessary):
  In cases where the complaint alleges a defect in goods that requires proper analysis or testing, the District Forum may obtain a sample of the goods from the complainant. This sample is sealed, authenticated, and then sent to an appropriate laboratory for testing. The laboratory is expected to submit a report on whether the goods suffer from defects as alleged, within 45 days from receiving the sample or within an extended period as allowed by the forum.
• (d) Fees for Analysis or Testing:
  Before referring goods for testing, the complainant may be required to deposit a fee with the District Forum, which will then be transferred to the laboratory conducting the analysis or testing.
• (e) Report and Notification:
  Upon receiving the report from the laboratory, the District Forum forwards a copy of the findings to the opposite party. The opposite party can challenge the findings or methods of analysis if they disagree with the results.
• (f) Opportunity to Object to Laboratory Report:
  If either the complainant or the opposite party disputes the laboratory report, they must submit written objections to the District Forum. The forum then provides an opportunity for both parties to be heard before making any decisions based on the laboratory’s report.
• (g) Final Decision:
  After considering the objections, the District Forum will issue a final order, either accepting or rejecting the laboratory report, and decide on the compensation or other reliefs, as appropriate, under Section 14 of the Act.

2. Procedure Upon Admission of Complaint (Services)

If the complaint pertains to services, or if the procedure for goods testing cannot be followed, the District Forum follows the procedure laid out below:

• (a) Referral to Opposite Party:
  As with goods, the complaint is referred to the opposite party for a response within 30 days or an extended period of 15 days.
• (b) Denial or Dispute by Opposite Party:
  If the opposite party denies the allegations or fails to respond, the District Forum will proceed to settle the dispute:
  • (i) If there is evidence from both parties, the forum will proceed based on that evidence.
  • (ii) If the opposite party does not respond, the forum may proceed ex parte, relying on the evidence presented by the complainant.
• (c) Failure of the Complainant to Appear:
  If the complainant fails to appear at the hearing, the District Forum may dismiss the complaint for default, or alternatively, decide the case on its merits if deemed appropriate.

3. Timely Disposal of Complaints

The Consumer Protection Act, 2019 emphasizes the need for prompt resolution of disputes:

• Complaints that do not require analysis or testing of goods should ideally be resolved within 3 months of the date the notice is served to the opposite party.
• Complaints that require goods testing or analysis should be decided within 5 months.

This timeline ensures that consumers’ grievances are resolved quickly and fairly, reducing unnecessary delays.

4. Adjournments and Costs

• Adjournments: The District Forum may grant an adjournment only for sufficient cause. Reasons for granting an adjournment must be recorded in writing. Additionally, the forum may impose costs on the party requesting the adjournment if it is deemed inappropriate.
• Postponing a Decision: If a decision takes longer than the specified time frame, the District Forum must record the reasons for the delay when disposing of the case.

5. Interim Orders

In certain cases, the District Forum may issue interim orders to protect the interests of the complainant or the opposite party during the pendency of the case. These orders can help prevent further harm or ensure that the dispute is resolved justly.

6. Powers of the District Forum

The District Forum has the same powers as a civil court under the Code of Civil Procedure, 1908, including the ability to:

• Summon and examine witnesses.
• Enforce attendance of witnesses and parties.
• Seek the production of documents and other materials as evidence.
• Receive evidence via affidavits.
• Requisition reports from laboratories or other relevant authorities.
• Issue commissions for witness examination.

7. Judicial Nature of Proceedings

Proceedings before the District Forum are deemed judicial in nature, and the forum is considered a civil court for the purposes of certain sections of the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973.

8. In the Event of Death of a Party

If the complainant or the opposite party dies during the proceedings, the case will continue under the provisions of Order XXII of the Code of Civil Procedure, 1908, with necessary modifications.

Conclusion

The District Forum plays a crucial role in ensuring that consumer disputes are resolved efficiently and justly. The procedures outlined in the Consumer Protection Act, 2019 ensure that all complaints, whether related to goods or services, are handled in a timely manner, with proper evidence collection, testing where necessary, and due process followed for hearing both parties.

If you need assistance in filing a consumer complaint, obtaining legal advice, or sending a legal notice, Legal Light Consulting can help. Our expert team is well-versed in the procedural nuances of the Consumer Protection Act, 2019 and will guide you through the process to ensure that your rights are upheld.

Contact Legal Light Consulting today for professional help with your consumer case and legal notices.