Service of Notice Under the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 outlines specific procedures for the service of notices in consumer disputes, ensuring that both the complainant and the opposite party are duly informed of proceedings. These provisions are designed to guarantee that all parties involved in a case are properly notified, ensuring transparency and fairness in the process.

Section 27: Service of Notice

1. Manner of Service of Notices (Sub-section 2)

Under the Consumer Protection Act, 2019, notices related to consumer complaints are required to be served in a manner specified by the Act. The service can be carried out through several means, ensuring that all parties are notified of the proceedings. The available methods of serving a notice include:

• Registered Post Acknowledgment Due (RPAD): Notices can be sent to the opposite party or the complainant by registered post, with acknowledgment due, ensuring a receipt of delivery.
• Speed Post: Notices may also be sent by speed post to ensure quick delivery and tracking.
• Courier Service: The Act permits the use of approved courier services, as authorized by the District Forum, State Commission, or National Commission, for the delivery of notices.
• Other Means of Transmission: In addition to the postal and courier services, notices can also be served by fax, or through any other approved method of transmitting documents, as long as it meets the criteria set forth by the respective Commission.

2. Acknowledgment of Service (Sub-section 3)

The effectiveness of the service of notice is determined by the receipt or acknowledgment signed by the opposite party or their agent, or by the complainant. If a notice is served, the acknowledgment can be either:

• Direct Acknowledgment: When the recipient or their agent signs the receipt confirming delivery.
• Postal Return with Endorsement: If the postal service returns the notice with an endorsement stating that the opposite party or complainant refused to accept delivery, the notice is still considered validly served.

In situations where the recipient refuses to accept the notice, or where an acknowledgment is not received, the District Forum, State Commission, or National Commission may declare that the notice has been duly served based on the following conditions:

• Proper Addressing and Postage: The notice must be correctly addressed and pre-paid, and sent by registered post acknowledgment due.
• Time Frame for Acknowledgment: The Commission may still deem the notice served even if the acknowledgment has been lost, mislaid, or has not been received within 30 days from the date of issuing the notice.

3. Sufficient Service (Sub-section 4)

The Consumer Protection Act, 2019 clarifies that the service of notices shall be deemed sufficient under the following conditions:

• Opposite Party: For the opposite party, the notice is considered sufficiently served if it is addressed to the place where the opposite party conducts their business or profession.
• Complainant: In the case of the complainant, the notice is considered sufficiently served if it is addressed to the place where the complainant voluntarily resides.

This ensures that both parties are reached at their relevant places of business or residence, facilitating the smooth progression of the case.

Conclusion

The Consumer Protection Act, 2019 provides a clear framework for the service of notices to ensure that all parties involved in consumer disputes are appropriately informed of legal proceedings. These provisions are designed to maintain transparency and fairness, protecting the rights of consumers while also ensuring that due process is followed. Whether you are a complainant or an opposite party, understanding the service of notice requirements is crucial for effectively navigating the consumer protection process.

For any issues related to filing a consumer case or serving notices, it is advisable to contact Legal Light Consulting, where experts can guide you through the entire process and ensure that your case is filed and handled efficiently.