Act Info:
13.1 [Procedure onadmission of complaint]
(1) The District Forum shall, 2 [on admissionof a complaint], if it relates to any goods,--
3 [(a) refer a copy of the admitted complaint, withintwenty-one days from the date of its admission to the opposite party mentionedin the complaint directing him to give his version of the case within a periodof thirty days or such extended period not exceeding fifteen days as may begranted by the District Forum.]
(b) where the opposite party on receipt of acomplaint referred to him under clause (a) denies or disputes the allegationscontained in the complaint, or omits or fails to take any action to representhis case within the time given by the District Forum, the District Forum shallproceed to settle the consumer dispute in the manner specified in clauses (c)to (g);
(c) where the complaint alleges a defect in thegoods which cannot be determined without proper analysis or test of the goods,the District Forum shall obtain a sample of the goods from the complainant,seal it and authenticate it in the manner prescribed and refer the sample sosealed to the appropriate laboratory along with a direction that suchlaboratory make an analysis or test, whichever may be necessary, with a view tofinding out whether such goods suffer from any defect alleged in the complaintor from any other defect and to report its findings thereon to the DistrictForum within a period of forty-five days of the receipt of the reference orwithin such extended period as may be granted by the District Forum;
(d) before any sample of the goods is referred toany appropriate laboratory under clause (c), the District Forum may require thecomplainant to deposit to the credit of the Forum such fees as may bespecified, for payment to the appropriate laboratory for carrying out thenecessary analysis or test in relation to the goods in question;
(e) the District Forum shall remit the amountdeposited to its credit under clause (d) to the appropriate laboratory toenable it to carry out the analysis or test mentioned in clause (c) and onreceipt of the report from the appropriate laboratory, the District Forum shallforward a copy of the report along with such remarks as the District Forum mayfeel appropriate to the opposite party;
(f) if any of the parties disputes the correctnessof the findings of the appropriate laboratory, or disputes the correctness ofthe methods of analysis or test adopted by the appropriate laboratory, theDistrict Forum shall require the opposite party or the complainant to submit inwriting his objections in regard to the report made by the appropriatelaboratory;
(g) the District Forum shall thereafter give areasonable opportunity to the complainant as well as the opposite party ofbeing heard as to the correctness or otherwise of the report made by theappropriate laboratory and also as to the objection made in relation theretounder clause (f) and issue an appropriate order under section 14.
(2) The District Forum shall, if the4 [complaintsadmitted] by it under section 12 relates to goods in respect of which theprocedure specified in sub-section (1) cannot be followed, or if the complaintrelates to any services,--
(a) refer a copy of such complaint to the oppositeparty directing him to give his version of the case within a period of thirtydays or such extended period not exceeding fifteen days as may be granted bythe District Forum;
(b) where the opposite party, on receipt of a copyof the complaint, referred to him under clause (a) denies or disputes theallegations contained in the complaint, or omits or fails to take any action torepresent his case within the time given by the District Forum, the DistrictForum shall proceed to settle the consumer dispute,--
(i) on the basis of evidence brought to its noticeby the complainant and the opposite party, where the opposite party denies ordisputes the allegations contained in the complaint, or
(ii)5 [ex parte on the basis of evidence]brought to its notice by the complainant where the opposite party omits orfails to take any action to represent his case within the time given by theForum;
6 [(c) where the complainant fails to appear on the date ofhearing before the District Forum, the District Forum may either dismiss thecomplaint for default or decide it on merits.]
(3) No proceedings complying with the procedurelaid down in sub-sections (1) and (2) shall be called in question in any courton the ground that the principles of natural justice have not been compliedwith.
6 [(3A) Every complaint shall be heard asexpeditiously as possible and endeavour shall be made to decide the complaintwithin a period of three months from the date of receipt of notice by oppositeparty where the complaint does not require analysis or testing of commoditiesand within five months, if it requires analysis or testing of commodities:
Provided that no adjournment shall be ordinarilygranted by the District Forum unless sufficient cause is shown and the reasonsfor grant of adjournment have been recorded in writing by the Forum:
Provided further that the District Forum shall makesuch orders as to the costs occasioned by the adjournment as may be provided inthe regulations made under this Act:
Provided also that in the event of a complaintbeing disposed of after the period so specified, the District Forum shallrecord in writing, the reasons for the same at the time of disposing of thesaid complaint.
(3B) Where during the pendency of any proceedingbefore the District Forum, it appears to it necessary, it may pass such interimorder as is just and proper in the facts and circumstances of the case.]
(4) For the purposes of this section, the DistrictForum shall have the same powers as are vested in a civil court under Code ofCivil Procedure, 1908 (5 of 1908) while trying a suit in respect of thefollowing matters, namely:--
(i) the summoning and enforcing the attendance ofany defendant or witness and examining the witness on oath,
(ii) the discovery and production of any documentor other material object producible as evidence,
(iii) the reception of evidence on affidavits,
(iv) the requisitioning of the report of theconcerned analysis or test from the appropriate laboratory or from any otherrelevant source,
(v) issuing of any commission for the examinationof any witness, and
(vi) any other matter which may be prescribed.
(5) Every proceeding before the District Forumshall be deemed to be a judicial proceeding within the meaning of sections 193and 228 of the Indian Penal Code (45 of 1860), and the District Forum shall bedeemed to be a civil court for the purposes of section 195, and Chapter XXVI ofthe Code of Criminal Procedure, 1973 (2 of 1974).
7 [(6) Where the complainant is a consumer referred to insub-clause (iv) of clause (b) of sub-section (1) of section 2, the provisionsof rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908(5 of 1908) shall apply subject to the modification that every referencetherein to a suit or decree shall be construed as a reference to a complaint orthe order of the District Forum thereon.]
6 [(7) In the event of death of a complainant who isa consumer or of the opposite party against whom the complaint has been filed,the provisions of Order XXII of the First Scheduled to the Code of CivilProcedure, 1908 (5 of 1908) shall apply subject to the modification that everyreference therein to the plaintiff and the defendant shall be construed asreference to a complainant or the opposite party, as the case may be.]
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1.Substituted by Act 62 of 2002, section 9, for"Procedure on receipt of a complaint" (w.e.f. 15-3-2003).
2.Substituted by Act 62 of 2002, section 9, for "onreceipt of complaint" (w.e.f. 15-3-2003).
3.Substituted by Act 62 of 2002, section 9, for clause"(a) refer a copy of the complaint to the opposite party mentioned in thecomplaint directing him to give his version of the case within a period ofthirty days or such extended period not exceeding fifteen days as may begranted by the District Forum;" (w.e.f. 15-3-2003).
4.Substituted by Act 62 of 2002, section 9, for"complaint received" (w.e.f. 15-3-2003).
5.Substituted by Act 62 of 2002, section 9, for "on thebasis of evidence" (w.e.f. 15-3-2003).
6.Inserted by Act 62 of 2002, section 9 (w.e.f. 15-3-2003).
7.Inserted by Act 50 of 1993, section 11 (w.r.e.f. 18-6-1993).