Service of Notices Under the Consumer Protection Act
The Consumer Protection Act, 1986, outlines specific procedures for serving notices to parties involved in consumer disputes. These procedures ensure that all parties are duly informed and have the opportunity to participate in the proceedings.
Key Provisions for Service of Notices:
Modes of Service:
- Registered Post: Notices can be served by registered post with acknowledgment due.
- Speed Post: Notices can be sent through speed post.
- Courier Service: Notices can be sent through approved courier services.
- Other Means of Transmission: Other means of transmission, such as fax or email, may also be used.
Proof of Service:
- Acknowledgment: Receipt of an acknowledgment or any other receipt signed by the opposite party or their agent is considered proof of service.
- Postal Receipt: If the postal article is returned with a refusal to accept delivery, it is deemed as proof of service.
- Presumption of Service: If a notice is properly addressed, prepaid, and sent by registered post, it is presumed to have been served even if no acknowledgment is received within 30 days.
Address for Service:
- Notices to the opposite party should be addressed to the place where their business or profession is carried on.
- Notices to the complainant should be addressed to their actual and voluntary place of residence.
By following these procedures, the Consumer Protection Act ensures that all parties involved in a consumer dispute are duly informed and have the opportunity to participate in the proceedings. This helps to ensure fair and just outcomes for consumers.