consumer disputes
Querist :
Anonymous
(Querist) 09 February 2011
This query is : Resolved
I want to know whether the Civil Procedure Code is applicable to Consumer Disputes?
NOTTAM VENKATASAMY
(Expert) 09 February 2011
CONSUMER COURT IS HAVING A SPECIAL .PROCEDURE AND C P C ALSO FOLLOWED
Advocate. Arunagiri
(Expert) 09 February 2011
Certain sections of CPC is applicable to Consumer court, the ACT clearly says that.
Parveen Kr. Aggarwal
(Expert) 10 February 2011
The Consumer Protection Act, 1986 provides procedure to be followed by redressal fora established under the Act. But at the same time it makes provision for applicability of some of the provisions of the Code of Civil Procedure, 1908.
Section 13:
(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—
(i) the summoning and enforcing the 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.
(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.
(7) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII 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 the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.
Kirti Kar Tripathi
(Expert) 10 February 2011
Though C.P.C. is not applicable in consumer court as such but certain provisions are applicable. It also relevant to mention here basic principle of C.P.C are applicable.
