Consumer protection act 1986
Md Abdul Kadher
(Querist) 11 August 2016
This query is : Resolved
One consumer case was filed by Mr.X in 2012 in the District Forum against Indane LPG dealer and Indian Oil Corporation Ltd. as Opposite Party 1 & 2 respectively. OP 2 has not filed written version till date.
Memo has been filed on 03.05.2016 in the District Forum stating that the Supreme Court has held in Dr.J.J. Merchant v. Shrinath Chaturvedi [(2002) 6 SCC] that 45 days to file the counter as per Consumer Protection Act, 1986, Section 13. The Forum simply giving time upto 18.04.2016 to file counter to the OP2. No reason for such adjournment was recorded in the file. No heavy cost has been levied for such inordinate delay. No action under Section 13 (2)(b) to come to dispose the case. The Forum has not followed the procedures laid down under Section 13 (2) & (3) which resulted in violation of natural justice. Though the matter is long pending no interim order has been passed under Section 13 (3)(b), as the consumer is not getting LPG cylinder since 2011. The Forum failed to settle the consumer dispute though the OP2 has failed to file the counter within the stipulated time prescribed in the Act.
Complaint has been has been submitted to the State Commission which forwarded it to the District Forum for necessary action. The consumer has reported that his Written Argument petition submitted on 21.07.2016 was refused by the Forum. But the Forum failed to act accordingly. It simply giving time up to 18.08.2016 to file counter by OP2.
The purpose of the Act is to provide for better protection and promotion of consumer rights. Purpose of providing alternative, efficacious, speedy, inexpensive remedy is defeated.
The consumer is requesting the steps to be taken further. Please give necessary ways to solve this issue early.
Raj Kumar Makkad
(Expert) 12 August 2016
Even though the period for the disposal of the consumer complaints as per Act has been fixed for 90 days but due to various problems like increasing complaints, infrastructure, number of forums etc. have practically changed the shape of the consumer complaints as of a regular case with procedural difference. You shall have to bear for some more time. You should not take any adjournment and should insist on every date for early disposal.
Rajendra K Goyal
(Expert) 12 August 2016
The forum has allowed time to submit, wait for the date.
You can prey to proceed ex-party on next date.
adv.bharat @ PUNE
(Expert) 12 August 2016
You may approach a very able counsel specializing in service matters.
Dr J C Vashista
(Expert) 14 August 2016
Theoretically you are absolutely right; conversely (practically) it takes years to get the complaint adjudicated/redressed due to reasons beyond control of Forum; consequently legislators intention is "failed" policy.
