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Rajendran Nallusamy (Advocate)     29 May 2008

Commissioner Application in Consumer Courts

Whether an application for appointment of advocate commissioner could be maintained under the Consumner Protection Act? Please cite with authoriteis.


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 3 Replies

Md. Muneeruddin (Advocate)     29 May 2008

Yes, a petition u/s 151 CPC may be filed. My experience at DF, Hyd, I filed similar petition for local inspection of water connection when the authorities contended that the connection is existing but the complainant denied having any water connection pipeline. The forum allowed the petition and appointed the commissioner. Even petition for commission for cross examination of witness in medical negligence cases were allowed as per my experience. I did not come accross any case citatation.

Ajay kumar singh (Advocate)     29 May 2008

Please refer to section 13(4)(5) of the Consumer Protection Act.Your answer is there.

Prakash Yedhula (Lawyer)     02 June 2008

Though there is no provision for filing application for appointment of commissioner under the Consumer Protection Act, courts have repeatedly held that in the interest of justice, the consumer fora can appoint commissioners for local inspection in appropriate cases where in is necessary to secure an expert report for rendering proper justice.

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