Monday, February 18, 2008

How to seek justice from consumer redressal courts

How to seek justice from consumer redressal courts? what steps are needed to be taken by ordinary consumer?

The Consumer Protection Act, 1986 (here in after to be referred to as the ‘Act’) is one of the benevolent social legislation intended to protect the large body of consumers from exploitation. The Act has come as a panacea for consumers all over the country and has assumed the shape of practically the most important legislation enacted in the country during the last few years. It has become the vehicle for enabling people to secure speedy and in-expensive redressal of their grievances. With the enactment of this law, consumers now feel that they are in a position to declare “sellers be aware” whereas previously the consumers were at the receiving end and generally told “buyers be aware”.The Act postulates establishment of Central Consumer Protection Council and the State Consumer Protection Councils for the purpose of spreading consumer awareness. Central Council is headed by Minster, incharge of the Consumer Affairs in the Central Government and in the State it is the Minister incharge of the Consumer Affairs in the State Government who heads State Council.


To provide cheap, speedy and simple redressal to consumer disputes, quasi-judicial machinery is set up at each District, State and National levels called District Forums, State Consumer Disputes Redressal Commission and National Consumer Disputes Redressal Commission respectively. At present, there are 604 District Forums, 35 State Commissions with apex body as a National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delhi.
The District Forums are headed by the person who is or has been or is eligible to be appointed as a District Judge and the State Commissions are headed by a person who is or has been a Judge of High Court.
National Commission was constituted in the year, 1988. It is headed by a sitting or retired Judge of the Supreme Court of India. There is now an Additional Bench of the National Commission. The provisions of this Act cover ‘Products’ as well as ‘Services’. The products are those which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are of the nature of transport, telephones, electricity, constructions, banking, insurance, medical treatment etc. etc. The services are, by and large, include those provided by professionals such as Doctors, Engineers, Architects, Lawyers etc. A written complaint, as amended by Consumer Protection (Amendment) Act, 2002, can be filed before the District Consumer Forum (upto Rupees twenty lakhs), State Commission (upto Rupees One crore), National Commission ( above Rrupees One crore) in relation to a product or in respect of a service, but does not include rendering of any service free of cost or under a contract of personal service. The service can be of any description, the illustrations given above are only indicative and not exhaustive.


The Consumer Protection Act is an alternative and cheapest remedy already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees or even process fee.
Proceedings are summary in nature and endeavour is made to grant relief to the parties in the quickest possible time keeping in mind the spirit of the Act which provides for disposal of the cases within possible time schedule prescribed under the Act.


If a consumer is not satisfied by the decision of the District Forum, he can challenge the same before the State Commission and against the order of the State Commission a consumer can come to the National Commission. In order to attain the objects of the Consumer Protection Act, the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases. National Commission is empowered to issue instructions regarding, (1) adoption of uniform procedure in the hearing of the matters; (2) prior service of copies of documents produced by one party to the opposite parties; (3) speedy grant of copies of documents; and (4) generally over-seeing the functioning of the State Commissions or the District Forums to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi-judicial freedom. The Registry of the National Commission, is on 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath, New Delhi which remains open on all working days except Sundays, Saturdays and Central Govt. holidays. For any enquiry from the Registry of the National Commission, one can contact on Telephone Nos. 011-23712109, 23712459, 23389248 and Fax No. 23712456. Every matter filed with the Registry in person is listed on 7th day of its filing for admission before the National Commission. Functioning of District Forum, State Commission and National Commission is consumer friendly, and thus consumer can file complaint and can address arguments in person. In genuine cases where the parties are unable to engage the services of an advocate Bar Association of NCDRC also provides legal aid to needy.
Consumer redressal forums in states would be computerised and networked by the year-end at a cost of Rs.486.4 million, the project was in its final year and was being executed by the National Informatics Centre on a turnkey basis.
The government was in the process of strengthening the commission by increasing the number of members to nine from the existing five.
overall performance of the forum has been satisfactory with nearly 88 percent of the 2.8 million cases filed so far disposed off,
central government has been extending liberal assistance in the form of grants so that there is no resource constraint,

As part of the central government's encouragement to consumer courts in states and districts, the government was spending liberally in providing all requisite infrastructure and has already sanctioned Rs.980 million to 18 states and Rs.474.4 million to 16 state governments as the first tranche of assistance, Pawar said.


India has progressive consumer welfare legislation in the form of Consumer Protection Act, 1986 establishing effective machinery to resolve the disputes between the manufacturers and service providers and the consumers with regard to product defects, deficiency in service as well as matters pertaining to restrictive and unfair trade practices. The legislation envisages establishment of District, State and National level disputes redressal fora to adjudicate over such disputes. Each of these Fora has jurisdiction commensurate with the value of claims.


Each of these Fora is empowered to pass orders and direct the offending party to Indian Companies can hire services of foreign technicians and make remittances for technical services fees subject to certain conditions regardless of the duration of engagement of foreign nationals in any calendar year.

Remove the defect from the product replace the defective goods
return the price paid or costs incurred by the consumer pay compensation to the consumer withdraw hazardous goods, if any, from sale in the market
discontinue with the alleged restrictive/unfair trade practice.


The Act provides for penalty to be paid by the consumer in case it is found that the complaint by him is of vexatious in nature. Consumer Court in India is a special consumer redressal forum where disputes between a consumer(s) and a business(es) can be resolved relatively quickly and inexpensively. This court operates at District, State and National Level and created under Consumer Protection Act, 1986.


At present, there are 604 District Forums, 35 State Commissions with apex body as a National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delh
Government of India


National Consumer Disputes Redressal Commission New Delhi , the 31st May, 2005.


NOTIFICATION

G.S.R. 342(E). - In exercise of the powers conferred by section 30A of the Consumer Protection Act, 1986 (68 of 1986), the National Consumer Disputes Redressal Commission with the previous approval of the Central Government, hereby makes the following regulations, namely:-

1. Short title and commencement.-

(1) These regulations may be called the Consumer Protection Regulations, 2005.


(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.- In these regulations unless the context otherwise requires,-

(a) "Act" means the Consumer Protection Act, 1986 (68 of 1986);

(b) "Consumer Forum" means a District Forum. a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9 (hereafter called the State Commission) or the National Consumer Disputes Redressal Commission;
(c) "Registrar" means the head of the ministerial establishment of the Consumer Forum and exercising such powers and functions as are conferred upon him by the President of the Consumer Forum: (d) "rules" means the rules made under the Act; (e) "section" means a section of the Act: (f) words and expressions used in these regulations and not defined herein but defined either in the Act or in the rules shall have the same meaning respectively assigned to them either in the Act or in the rules, as the case may be.

3. Arrangements in Consumer Forum,--(1 ) A Consumer Forum, being not a regular court, shall have the arrangements as to depict it distinct from a court.
(2) In the hall in which the Consumer Forum shall hear the parties, the dais may not be kept more than 30c.m. in height than the place earmarked for the parties to occupy.


(3) At the dais of the hall, the President and the members of the Consumer Forum shall use the same type of chairs at the same level and these chairs need not have high backs.


4. Dress code.-

(1) The President and members of every Consumer Forum while presiding over the Benches,-

a) shall wear simple and sober dress;,

(b) shall not wear-

(i) flashy dress or dress display any affluence;,

(ii) Jeans or T-shirts,

(iii) as if they are holding Courts as Judges of a High Court or a

District Court.

(2) The advocates shall be allowed to appear in the usual dress as prescribed by the High Court but without the gown.

5. Hearing hours.-

Subject to the provisions of the rules, the normal working hours of the Consumer Forum for hearing matters shall be from 10.30 am to 1.00 p.m and 2.00 p.m to 4.00 p.m on all working days of the Central Government in the case of the National Commission and on all working days of the State Government in the case of the State Commission and the District Forum

6. Cause List.-

(1 ) Cause list of the Consumer forum for the following entire week shall be made ready before the close of the working hours of the preceding week and displayed on the notice board. The cause list in respect of a Consumer Forum having a website shall also be hosted on the website.

(2) Cause list shall be split into three different parts, namely:-(i) Admission and after notice matters;(ii) Matters where evidence is to be recorded; (iii) Final disposal matters.


(3) Every cause list shall contain the following particulars, namely:-

(1) Sl. No.

(2) No.of the matter

(3) Names of the parties

(4) Name of the partagent appearing


(5) If a date of hearing is given in the presence of parties or their agents,
it shall not be a ground for non-appearance for the reason that the cause list for the concerned date does not show the matter or contains incorrect entry or there is omission of the particulars of the matter.


7. Institution of complaints, appeals and revision petitions
.-(1 ) Where a complaint is filed in District Forum or State Commission it shall be filed in three sets and where it is filed in the National Commission it shall be filed in four sets with additional sets equal to the number of opposite party(ies)/respondent(s). (2) Every complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to prove the claim made in the complaint.

8. Nomenclature to be given to the complaints, appeals and revisions p0etitions.

(1) A complaint shall hereinafter be referred to as Consumer Complaint (C.C.) instead of O.P., e.g., C.C. No.2 of 2005 (2) An appeal shall be referred to as F.A., Revision Petition as R.P., Execution .Application as E.A, Transfer Application T.A. and Review as RA containing the number and the year of filing.

9. Scrutiny of complaint, appeal, petition and revision petition.-

(1) Every complaint, appeal, or revision petition shall after it is filed be numbered by the Registrar. (2) If there is any defect in the filing of the complaint, appeal or revision petition, the particulars of such defects shall be recorded and the party or his agents shall be informed of the defects asking them for removing the defects within 15 days. (3) In case the party disputes in the correctness of the defects pointed out the matter shall be placed before the Consumer Forum for appropriate orders.


(4) After the expiry of the time given, the matter shall, irrespective of the fact as to whether the defects have been removed or not, be placed before the Consumer Forum for appropriate orders. (5) If the objections raised by the Registrar are substantial and are not removed within the time allowed for the purpose, those days shall not be excluded for counting the period of limitation.

(6) As required by the second proviso to sub-section (3) of section 12, the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was



(7) In case any defect is pointed out by the Registrar, twenty-one days from the date on which such defect was removed shall be reckoned for the purpose of sub-regulation (5).


(8) All pending complaints, appeals and revision petitions which have not come up for admission till the date of commencement of these regulations and are pending for admission for more than 21 days shall be listed immediately by the Consumer Forum for admission and not later than 21 days from the date of commencement of these regulations.

10. Issue of notice.-

(1) Whenever the Consumer Forum directs the issuance of a notice in respect of a complaint, appeal or revision petition, as the case may be, to the opposite party(ies)/respondent(s), ordinarily such notice shall be issued for a period of 30 days and depending upon the circumstances of each case even for less than 30 days.

(2) When there is a question of raising presumption of service, 30 days notice shall be required.

(3) Whenever notices are sought to be effected by a courier service, it shall be ascertained that the courier is of repute.

(4) While appointing the courier for the purpose of effecting service, security deposit may also be taken.

(5) Along with the notice, copies of the complaint, memorandum of grounds of appeal, petitions as the case may be and other documents filed shall be served upon the opposite party(ies )/respondent( s).

(6) After the opposite party or respondent has put in appearance, no
application or document shall be received by the Registrar unless it bears an endorsement that a copy thereof has been served upon the other side.

11. Adjournment.-

(1) Every proceeding before a Consumer Forum shall be conducted as expeditiously as possible and as per the requirements of the Act.

(2) The Consumer Forum shall record the reasons for any adjournment made by it.

(3) The cost of adjournment, if asked by the opposite party or parties, shall not be less than five hundred rupees per adjournment and could be more depending upon the value and nature of the complaint as may be decided by the Consumer Forum.

(4). The complainant, appellant or petitioner, as the case may be, may also be burdened with cost unless sufficient cause is shown for seeking adjournment:


Provided that in the circumstances of a particular case, the amount of cost imposed may be less than five hundred rupees but in no case less than one hundred rupees.


(5) The cost imposed may be given to the other party or parties to defray his or their expenses or be deposited in the Consumer Legal Aid Account to be maintained by the respective Consumer Forum, as the Consumer Forum may order.


(6) If any adjournment is granted without awarding cost, the order sheet shall mention the reasons thereof.


(7) All orders adjourning the matter shall be signed by the President and members constituting the Bench and not by the Court Master or Bench Clerk.


(8) Non-availability of a lawyer
who is representing the party shall not be a ground for seeking adjournment of the matter unless absence is beyond the control of the lawyer such as his sudden illness or bereavement in the family.


12. Hearing by Benches
.-Where a Bench, constituted by the President of the State Commission or the National Commission as provided under section 16 or section 20, as the case may be, does not have a member with judicial background and any complex question of law arises and there is no precedent to decide the law point, the Bench so constituted may refer the matter to the President of the State Commission or the National Commission as the case may be to constitute another Bench of which the President shall be a member. (2) Where a party is represented by a counsel, it shall be mandatory to file a brief of written arguments two days before the matter is fixed for arguments.(3) In case of default to file briefs, the cost shall be imposed at the same rates as laid down for grant of adjournments.

14. Limitation.-

(1) Subject to the provisions of sections 15, 19 and 24A, the period of limitation in the following matters shall be as follows:-

(i) Revision Petition shall be filed within 90 days from the date of the order or the date of receipt of the order as the case may be;


ii) Application for setting aside the ex-parte order under section 22A or dismissal of the complaint in default shall be maintainable if filed within thirty days from the date of the order or date of receipt of the order, as the case may be;


iii) An application for review under sub-section (2) of section 22 shall be filed to the National Commission within 30 days from the date of the order or receipt of the order, as the case may be;
(iv) The period of limitation for filing any application for which no period of limitation has been specified in the Act, the rules of these regulations shall be thirty days from the date of the cause of action or the date of knowledge.

(2) Subject to the provisions of the Act, the Consumer Forum may condone the delay in filing an application or a petition referred to in sub-regulation (1) if valid and sufficient reasons to its satisfaction are given.


15. Review.-

(1) It shall set out clearly the grounds for review.


(2) Unless otherwise ordered by the National Commission, an application for review shall be disposed of by circulation without oral arguments, as far as practicable between the same members who had delivered the order sought to be reviewed.


16. Appearance of Voluntary Consumer Organisations
.-

(1) Recognised Consumer Organisations have a right of audience before the Consumer Forum

(2) An authorisation of a Voluntary Consumer Organisation may be by way of special power of attorney executed on a non-judicial paper or even on plain paper duly attested by a Gazetted Officer or a Notary Public.

(3) The Power of Attorney holder shall be entitled to engage a counsel, if authorised to do so.


DEPLORABLE STATE OF CONSUMER COURTS IN INDIA


The State Government of Andhra Pradesh had blown its own trumpet on the progressive steps initiated and the mass awareness said to have been created by it in setting-up Consumer Clubs in various educational institutions for enlightening the basic rights of consumers from the school going age itself to have a salutary effect. Besides, it has made tall claims about the training camps being imparted to voluntary organizations for spreading the message of consumer movement. However, the ground realities are found to be in contrast to the loud proclamations made by it.

The Ranga Reddy District Consumers’ Forum has been housed in a small hired building in a very interior location in Dilsukhnagar of Hyderabad which is not easily accessible where even basic seating/drinking water/toilet facilities for the complainants are lacking. Based on my own harrowing experience, I had suggested to make some improvements in my letter dated 26th September, 2004 to Bhanwar Lal, the then Civil Supplies Commissioner of A.P. and the same has not even been acknowledged by him.

Some of my suggestions are listed below:-


(i) Large Bilingual Boards—Both in English and Telugu on the procedural formalities (step by step in a sequential order) required to be taken are to be displayed at the entrance itself.


(ii) Model Application---a format to be devised incorporating therein the main features/contents with para-wise captions and also the time limit fixed for filing complaints. (A priced brochure containing all the essential details can be evolved)


(iii) Application Fee—A/c Payee Order/DD to be taken on whose name and the amount specified.


(iv) Affidavit—Model Proforma to be attested by a Notary

(v) How to obtain judgment copy/additional copies especially in case of complainants who are not Local Residents—procedure for obtaining additional certified copies



(vi) Encouraging the complainants to plead their own cases in stead of depending on Advocates who are exploiting and fleecing the complainants. It has been observed that a group of Advocates are acting like touts lobbying in the court premises to attract the gullible public and pressurizing the complainants to entrust the cases to them claiming that they are specialized in consumer law. It has also been noticed that there is a nexus between the court staff and the Advocates and the former are acting as their agents and persuading the complainants to hand over the cases to their coterie.

(vii) A help desk is to be provided in each Consumer Court for proper guidance


(viii) Setting-up Complaint Box and speedy investigation and redressal of genuine grievances


(ix) Advance action to fill up the posts of Members and President fallen vacant after the expiry of their term. As most of these postings are dependent on political considerations and loyalty to the ruling party, the appointments are inexcusably delayed bringing the work to a grinding halt. During the change of guards when TDP Govt. lost in the last general elections and Congress (I) came into power, the work in RR Dist Consumer Court was held up for months due to lack of quorum and I was one of the worst sufferers as I was forced to make several trips from New Delhi to Hyderabad.

(x) The address on the envelope written both by RR Dist consumer court and the State Consumer Grievances Commission, Khairtabad, Hyderabad was “incomplete “ in many respects ( perhaps deliberately and intentionally done by the court staff to ensure that the court communications does not reach the petitioner at Delhi so that the case can be decided ex-parte in favour of the Opposite Party) leading to a serious suspicion that the court staff are in league/cahoots with the Opposite Party who happened to be a prominent Real Estate Developer. Even after reporting this grave blunder on the part of the RR Dist Court and State Commission, no action was taken against the erring/delinquent staff.

To my chagrin, I was forced to make fruitless visits to the State Commission to obtain a copy of the judgment as the same reportedly could not be dictated for a long time ostensibly due to lack of stenographic assistance. When a copy of the Order could finally be collected (Dist.Consumer Forum, Rangareddy Dt.), the amount deposited by the Opp. Party in the District Court could not be given as the President of the Forum did not sign the cheque for a long time as he was preoccupied with the marriage preparations of his son based in US. As a last resort, when the matter was brought to the notice of Registrar, State Commission and only with his intervention the cheque could be issued to me after unjustified delay. All the while, I had to stay in a lodge in Hyderabad incurring huge expenditure. It is therefore prudential to fix a time frame to deliver the judgment copies and the deposits made by the Opp. Party to mitigate the sufferings and woes of the complainants.


In another case between a person and the Andhra Pradesh Housing Board (APHB), it was decided in favour of my son by the Dist.Consumer Disputes Redressal Forum-III, Hyderabad for refund and stating that collection of huge amount as name registration fee and not refundable amounts to unfair trade practices committed by the APHB. However, the APHB filed an appeal against the verdict given by the Nampally Dist. Forum-III in the State Commission. Instead of deciding such petty cases on a war-footing basis for speedy disposal, it is learnt that the case would now drag on endlessly in the State Commission for several years as it is said to have been burdened with many piled up cases prior to this still pending in the State Commission waiting for their turn.


Many of the favourable decisions given by the Consumer Court, Qutab Enclave, New Delhi were not implemented disregarding the Orders issued by them as scrap of waste paper. Even reputed NBFCs like Mc.Dowel Finance of Vijay Mallya of King Fisher fame (illegally transferred the company to Chennai based Krest Lease Fin.Co.) EBF Finance floated by Rajaratnam, take over King of Coimbatore, DCM Finance of Lala Bharat Ram and Charat Ram Group have failed to make refund of the life savings of small depositors despite ordered by the Consumer Court in Delhi.

The ails plaguing the Civil and Criminal Courts in this country have already spread fast and wide to the Consumer Courts also and the hopes of common man for a quick-fix solution have been belied. Unless prompt remedial measures are taken to put an end to this malaise, a day is not far-off that people’s faith in the Consumer Courts shall also be undermined and eroded.

(4) A Voluntary Consumer Organisation can engage a counsel or an advocate of its choice or it can itself represent through one of its office bearers as per the rules governing it.


(5) In case of a complaint where the Voluntary Consumer Organisation is a complainant along with the consumer himself and the dispute affects the complainant individually, he can withdraw the complaint:


Provided that if the issue involves unfair trade practice or restrictive trade practice a Voluntary Consumer Organisation may continue to proceed with the complaint even if the complainant wishes to withdraw the same.



(6) A Consumer Forum has to guard itself from touts and busybodies in the garb of power of attorney holders or authorised agents in the proceedings before it.


(7) While a Consumer Forum may permit an authorised agent to appear before it, but authorised agent shall not be one who has used this as a profession:


Provided that this sub-regulation shall not apply in case of advocates.


(8) An authorised agent may be debarred from appearing before a Consumer Forum if he is found guilty of misconduct or any other malpractice at any time.

17. Ex-parte interim order.-

Any ex-parte interim order issued by the Consumer Forum shall stand vacated after 45 days if in the meanwhile the objections to the interim order are not heard and disposed of.



18. Final order.-

(1) An order on the top right hand comer shall show as to when the complaint was filed and the date of the order.


(2) The cause title of the order shall contain the names of all the parties with their addresses.


(3) In the body of the order it is desirable that after mentioning the complainant or the opposite party, their names as shown in the title be mentioned and parties thereafter may not be mentioned as complainant or opposite party No.1 or opposite party No.2, etc.

(4) The cause title shall also clearly show if the appellant or respondent was the complainant or opposite party.

(5) The order of a Consumer Forum disposing of a matter shall be as short and precise as practicable and unnecessary long quotations from the judgments of the higher courts or otherwise shall be avoided.

(6) When a copy of the order is sent to a party, the mode by which it is sent and the date on which it is sent shall be stamped on the last page of the order.


(7) The Consumer Forum shall pass final order invariably within fifteen days of the conclusion of the arguments.

19. Return on institution and disposal of cases.-( 1) A Consumer Forum is expected to dispose of at least 75 to 100 matters every month.
(2) A periodic monthly return of institution and disposal of cases shall be sent by the District Forums to the State Commission.
(3) The State Commission shall submit a periodic monthly return of institution and disposal of cases to the National Commission.
(4) Notwithstanding anything contained in this regulation, the President of the National Commission may, at any time, call for any return or information relating to its functioning from a State Commission or District Forums.

20. Preservation of records. –

(1) In the case of complaint, the record containing main files with original order sheet shall be preserved for a period five years.


(2) In the case of records of first appeal and revision petitions, it shall be preserved for three years from the date of disposal of the appeal or revision as the case may be. (3) Immediately after the consumer complaint, first appeal or revision petition, as the case may be, is disposed of, extra sets shall be given to the parties who may use the same for filing of appeal or revision petition and in that case the necessity to summon the record from the forums below can be dispensed with.


(4) The Registrar shall inform the parties while forwarding the certified copy of the final order, where they do not appear in person at the time of finally disposing of the matter to arrange to collect the extra sets.

(5) A period of at least one month shall be given for the purpose of collection of records by the party and in case of default the ex1ra sets shall be weeded out.


21. Certified copy
.-

(l) A copy of the order is to be given to the parties free of cost as required under the Act and the rules made thereunder.

(2) In case a party requires an extra copy, it shall be issued to him duly certified by the Registry on a payment of Rs.20/- irrespective of number of pages.

(3) A certified copy of an order shall clearly specify the date when free copy was issued, date of application, date when the copy was made ready and the date when it was so delivered to him.


(4) A fee of Rs.20/- shall be paid for obtaining another certified copy.
(5) Any party desiring to get a certified copy of any document on the file of the Consumer Forum, may get the same on payment of certification fee of twenty rupees per copy. Provided that if any such document of which certified copy is sought, is over and above 5 pages, an extra amount of one rupee per page shall be charged over and above the fee of twenty rupees.

(6) Certified copy of any miscellaneous order passed by the Consumer Forum shall be supplied on payment of Rs.5 per copy.
22. Inspection of records.-Parties or their agents can inspect the records of any matter by filing an application on payment of Ten rupees as fee.
23. Filing of criminal complaint.-Wherever a complaint is required to be filed by the Consumer Forum under sub-section (5) of section 13, the Consumer Forum may authorise its Registrar to file the complaint.
24. Practice Directions.- The National Commission shall be entitled to issue practice directions from time to time as may be necessary for the proper conduct of the cases before Consumer Forum including prescribing forms for complaints, notices, returns, certificate to be issued to the collector and the like.

25. Parcsha Yad-dast.-

Where a party appears in person and is illiterate, the Court Master or Bench Clerk shall give to that party the next date of hearing in writing.


26. Miscellaneous
.-

(1) In all proceedings before the Consumer Forum, endeavour shall be made by the parties and their counsel to avoid the use of provisions of Code of Civil Procedure, 1908 (5 of 1908):

Provided that the provisions of the Code of Civil Procedure, 1908 may be applied which have been referred to in the Act or in the rules made thereunder.

(2) Every State Commission and every District Forum shall take steps for its computerisation and networking.


(3) The Consumer Forum shall give proper respect and courtesy to the parties who appear in person and shall provide separate accommodation in the Hall for the convenience of the parties.


(4) The Consumer Forum shall not insist upon the parties to engage advocates.


(5) The Fees collected for inspection of the documents and supply of certified copies shall be deposited in the account maintained for the purpose of depositing fee for filing a complaint as prescribed by the Central Government by rules.


(6) The cases filed by or against the senior citizens, physically challenged, widows and persons suffering from serious ailments shall be listed and disposed of on a priority basis.

Source(s):

http://www.indialaw.org/consumer_forums....
http://www.icrpc.org/icrpc.org.regulatio...
http://www.thecitizen.com/~citizen0/node...
http://www.consumercourt.netfirms.com/co... for address of consumer courts

2 comments:

Unknown said...



A very interesting article. The insights are really helpful and informative. Thanks for posting.


Turnkey Office Interiors Chennai

gandhikomal said...

I need help, in regards to an online transaction where, the dealer and i dealt on watsaap. On that media she has accepted to having a return policy of her goods. After receiving the goods within 10 mins i had communicated with her that the products are ot as per my requirement, and different from what i had ordered. Instead of resolving the issue she blocked me on watsaap and her official website an instagram and facebook. I have all the evidence of communication between us as well as visible difference between the products ordered and delivered.

The dealer resides in Surat, Gujrat, whereas i live i Mumbai.

Do i have enough grounds to file a consumer complaint for a refund.

I had also proposed to her that i'll bear all the delivery charges. But she refused to a return policy. her website also stated that they have a very smooth return policy.

i had made a purchase of 4000rs approx.

please help!

thank you

regards

Komal Gandhi.

Check my Website in

 https://5f849fe2d1281.site123.me/