Consumer Protection Act,1986
Act No : 68
Section :
Procedure on receipt of complaint.
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
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1 Subs. by Act 50 of 1993, s. 9 (w.e.f. 18-6-1993).
2 Subs. by s. 10, ibid (w.e.f. 18-6-1993).
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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
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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 fails 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 the 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 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.
(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).
1*[(6) Where the complainant is a consumer referred to in sub-
clause (iv) of clause (b) of sub-section (1) of section 2, the pro-
visions 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 modifi-
cation 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.]
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