The District Forum Procedure on Admission of a Complaint Related to Goods

Under the Consumer Protection Act, 2019, the District Forum plays a vital role in the adjudication of consumer disputes. When a complaint is filed, particularly regarding defective goods, the District Forum follows a structured procedure to ensure that the matter is handled in a fair and timely manner. This procedure is designed to facilitate the collection of necessary evidence, including the testing of goods, and to ensure that both parties involved in the dispute are given an opportunity to present their case. Here is a detailed examination of the procedure followed by the District Forum upon the admission of a complaint related to goods:

1. Referral of Complaint to the Opposite Party (Goods)

Once a complaint related to defective goods is admitted by the District Forum, the following steps take place:

• Referral to Opposite Party:
  Within 21 days of the admission of the complaint, the District Forum is required to refer a copy of the complaint to the opposite party (the seller, manufacturer, or service provider). The opposite party is then directed to provide their version of the case within 30 days from the date of receipt of the complaint. If necessary, the District Forum can grant an extension of up to 15 additional days.
• Failure to Respond or Denial of Allegations:
  If the opposite party denies the allegations in the complaint or fails to respond within the given time frame, the District Forum proceeds to settle the dispute. In such cases, the forum follows the procedures outlined in the subsequent clauses (c) to (g).

2. Testing of Goods (If Necessary)

When the complaint alleges that the goods are defective and the defect cannot be determined without proper analysis or testing, the District Forum follows these steps:

• (c) Sample Collection and Testing:
  The District Forum may require the complainant to provide a sample of the goods in question. This sample is then sealed and authenticated as per the prescribed procedure. The sealed sample is referred to an appropriate laboratory for testing or analysis. The laboratory is directed to test the goods to determine if they suffer from the alleged defect or any other defect. The laboratory is expected to submit a report within 45 days of receiving the sample, or within an extended period if allowed by the District Forum.
• (d) Deposit of Fees for Testing:
  Before referring the sample for testing, the District Forum may require the complainant to deposit a specified fee into the Forum’s account. This fee is intended to cover the costs of testing and analysis carried out by the laboratory. The fee amount is determined based on the nature of the goods and the testing required.
• (e) Transfer of Fees to Laboratory:
  Once the complainant deposits the required fee, the District Forum will remit this amount to the appropriate laboratory. The laboratory then conducts the necessary testing and analysis on the goods.
• (f) Report from the Laboratory:
  Upon receipt of the laboratory report, the District Forum will forward a copy of the report to the opposite party. Along with the report, the Forum may include any remarks or comments it deems appropriate. This gives the opposite party an opportunity to review the findings and respond.
• (g) Dispute over the Report:
  If either the complainant or the opposite party disputes the laboratory’s findings, or if there are objections to the methods of analysis or testing used by the laboratory, the District Forum will require both parties to submit their objections in writing. The forum will then give both parties a reasonable opportunity to be heard on the matter.

3. Final Decision

After considering the objections and the report from the laboratory, the District Forum will issue a final order. The forum will evaluate the accuracy of the laboratory’s findings, the validity of any objections, and all other relevant factors. If the goods are found to be defective, the District Forum will provide appropriate relief under Section 14 of the Consumer Protection Act, 2019, which could include the replacement of the defective goods, refund of the amount paid, or compensation for damages.

4. Timely and Fair Adjudication

The Consumer Protection Act, 2019 emphasizes the need for the District Forum to resolve complaints in a timely manner. The forum is required to ensure that complaints are decided expeditiously, and efforts are made to complete the proceedings as follows:

• For complaints involving goods that do not require testing or analysis: The District Forum should aim to resolve the complaint within 3 months from the date the notice is served to the opposite party.
• For complaints requiring analysis or testing of goods: The forum should decide the complaint within 5 months, considering the time needed for testing and report submission.

5. The Importance of Natural Justice

Throughout the process, the District Forum ensures that the principles of natural justice are upheld. This includes providing both the complainant and the opposite party with adequate opportunities to present their case, raise objections, and be heard. In cases involving complex evidence, such as laboratory tests, both parties have the right to challenge the findings and seek clarification or dispute the results.

6. Powers of the District Forum

To facilitate the resolution of complaints, the District Forum is vested with the same powers as a civil court under the Code of Civil Procedure, 1908. These powers include the ability to:

• Summon and examine witnesses.
• Enforce the attendance of witnesses and parties.
• Call for documents and other materials for evidence.
• Receive evidence via affidavits.
• Issue commissions for the examination of witnesses.

These powers ensure that the District Forum can conduct a thorough and impartial investigation into the facts of the case.

Conclusion

The procedure followed by the District Forum upon admission of a complaint related to goods is designed to ensure fairness, transparency, and efficiency in resolving consumer disputes. By following the steps outlined above, including the possibility of laboratory testing and giving both parties an opportunity to be heard, the District Forum aims to deliver justice to consumers in a timely manner.

If you are a consumer seeking to file a complaint, or if you need assistance with any aspect of the Consumer Protection Act, 2019, Legal Light Consulting can help. Our expert team is well-versed in the procedural requirements of consumer cases and can assist you with filing your complaint, sending legal notices, and ensuring that your rights are protected.

Contact Legal Light Consulting for expert advice on filing consumer cases and sending legal notices. Let us guide you through the process of obtaining the justice you deserve.