13.
PROCEDURE ON RECEIPT OF COMPLAINT.
(1) The District Forum shall, on receipt of a complaint, if it relates to any goods, -
(a) refer a copy of the complaint to the opposite party mentioned in the complaint
directing him to give his version of the case within a period of thirty days or such
extended period not exceeding fifteen days as may be granted by the District Forum;
(b) where the opposite party on receipt of a complaint referred to him under clause (a)
denies or disputes the allegations contained in the complaint, or omits or fails
to take any action to represent his case within the time given by the District Forum, the
District Forum shall proceed to settle the consumer dispute in the manner
specified in clauses (c) to (g);
(c) where the complaint alleges a defect in the goods 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 so sealed to the appropriate laboratory along with a direction that such
laboratory make an analysis or test whichever may be necessary, with a view to finding out
whether such goods suffer from any defect alleged in the complaint or from any other
defect and to report its findings thereon to the District Forum within a period of
forty-five days of the receipt of the reference or within such extended period as
may be granted by the District Forum;
(d) before any sample of the goods is referred to any appropriate laboratory under clause
(c), the District Forum may require the complainant to deposit to the credit of the Forum
such fees as may be specified, for payment to the appropriate laboratory for carrying out
the necessary analysis or test in relation to the goods in question;
(e) the District Forum shall remit the amount deposited to its credit under clause (d) to
the appropriate laboratory to enable it to carry out the analysis or test mentioned in
clause (c) and on receipt of the report from the appropriate laboratory, the District
Forum shall forward a copy of the report along with such remarks as the District Forum may
feel appropriate to the opposite party;
(f) if any of the parties disputes the correctness of the findings of the appropriate
laboratory, or disputes the correctness of the methods of analysis or test adopted by
the appropriate laboratory, the District Forum shall require the opposite party or the
complainant to submit in writing his objections in regard to the report made by the
appropriate laboratory;
(g) the District Forum shall thereafter give a reasonable opportunity to the complainant
as well as the opposite party of being heard as to the correctness or otherwise of the
report made by the appropriate laboratory and also as to the objection made in relation
thereto under clause (f) and issue an appropriate order under section 14.
(2) The District Forum shall, if the complaint received by it under section 12 relates to
goods in respect of which the procedure specified in sub-section (1) cannot be
followed, or if the complaint relates to any services, -
(a) refer a copy of such complaint to the opposite party directing him to give his version
of the case within a period of thirty days or such extended period not exceeding fifteen
days as may be granted by the District Forum;
(b) where the opposite party, on receipt of a copy of the complaint, referred to him under
clause (a) denies or disputes the allegations contained in the complaint, or
omits or fails to take any action to represent his case within the time given by the
District Forum, the District Forum shall proceed to settle the consumer dispute, -
(i) on the basis of evidence brought to its notice by the complainant and the opposite
party, where the opposite party denies or disputes the allegations contained in the
complaint, or
(ii) on the basis of evidence brought to its notice by the complainant where the opposite
party omits or falls to take any action to represent his case within the time given by the
Forum.
(3) No proceedings complying with the procedure laid down in sub-sections (1) and (2)
shall be called in question in any court on the ground that the principles of natural
justice have not been complied with.
(4) For purposes of this section, the District Forum shall have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying
a suit in respect of the following matters, namely :-
(i) the summoning and enforcing attendance of any defendant or witness and examining the
witness on oath;
(ii) the discovery and production of any document or other material object producible as
evidence;
(iii) the reception of evidence on affidavits;
(iv) the requisitioning of the report of the concerned analysis or test from the
appropriate laboratory or from any other relevant source;
(v) issuing of any commission for the examination of any witness; and
(vi) any other matter which may be prescribed.
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the
District Forum shall be deemed to be a civil court for the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(6) Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of
sub-section (1) of section 2, the provisions of 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 reference therein to a suit or decree shall be construed as a reference to a
complaint or the order of the District Forum thereon.
1. Subs. by Act 62 of 2002, sec. 9, for "Procedure on receipt of a complaint" (w. e. f. 15-3-2003).
2. Subs. by Act 62 of 2002, sec. 9, for "on receipt of a complaint" (w. e. f. 15-3-2003).
3. Subs. by Act 62 of 2002, sec. 9, for clause "(a) refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;"(w. e. f. 15-3-2003).
4. Subs. by Act 62 of 2002, sec. 9, for "complaint received" (w. e. f. 15-3-2003).
5. Subs. by Act 62 of 2002, sec. 9, for "on the basis of evdence" (w. e. f. 15-3-2003).
6. Ins. by Act 62 of 2002, sec. 9 (w. e. f. 15-3-2003).
7. Ins. by Act 50 of 1993, sec. 11 (w. e. f. 18-6-1993).. |