Chapter: 2.2 Payment of Fee in the Machinery and Nature of Proceedings

Payment of Fee:
The hallmark of the Consumer Protection Act, 1986 was that it provided for a speedy and free dispensation of justice. Sec. 12 (2) is newly introduced for payment of an amount of fee as may be prescribed by Central Government in this regard. It appears the concept of a fee has been introduced with a view to discourage misuse of Consumer Redressal Agencies.

PROCEDURE TO BE FOLLOWED BY CONSUMER FORUM UPON RECEIPT OF COMPLAINT:

Consequent to amendment of the Act, Section 12 (3) of the Act provides that a complaint should be admitted or rejected within 21 days of filing of a complaint.

Procedure laid down u.s.13 of the Consumer Protection Act 1906 upon receipt of consumer complaints has incorporated the principles of natural justice. The procedure laid down under section 13 is of a mandatory nature and consumer fora are required to follow the prescribed procedure.

First a copy of the admitted complaint has to be sent within 21 days from the date of admission to the opposite party directing him to give his version of the case within a period of THIRTY DAYS which may be extended to FORTY FIVE DAYS.

The opposite party may deny the allegation or dispute the contention of the complaint. The Reply Version submitted by Opposite Party has to be considered by Consumer Forum and in case no reply is submitted within the stipulated time, Consumer Forum may proceed to settle the Consumer Dispute as specified in this section.

I) Defect in goods:
Where defect in goods can not be determined without proper analysis or test of goods, Consumer Forum may send a sample of the goods, properly sealed to an appropriate laboratory with a direction that, such a laboratory should make an analysis with a view to finding out whether such goods are affected from any defect alleged in the complaint and to report its findings therein within a period of 45 days of receipt of reference. The period of 45 days alloyed by Consumer Forum may be extended in appropriate cases.

Fees for test/analysis are to be borne by Complainant:
Consumer 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. Consumer Forum should send the amount deposited towards fee to the appropriate laboratory. In case the complainant succeeds before the Consumer Forum, the expenses incurred by him towards the test/ analysis may be reimbursed to him by way of compensation and other reliefs granted by the Forum.

Dispute relating to correctness of findings:
In the event any of the parties disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the Consumer Forum should require the parties to submit their objection in writing. Further, the Consumer Forum is required to afford reasonable opportunity to the opposite party of personal hearing on the question of correctness or otherwise of the report made by appropriate laboratory and also the objections, if any, raised by the parties.

II) Deficiency in Service:
Sub Section (2) of Section 13 provides that the following procedure may be followed in case the complaint relates to service or in respect of complaints relating to goods where the above-mentioned procedure cannot be followed. Though this section does not elaborate on the question of liability to follow the procedure for conducting analysis or test by an appropriate laboratory, it goes without saying that any such decision has to be based on reasonable grounds after due application of mind.

The procedure laid down is otherwise similar, i.e. to refer within 21 days of admission of a Complaint. A copy of the admitted complaint (as per the 2002 Amendment, a complaint has to be either admitted or rejected within 21 days of filing) is to be sent to the opposite party for its version to be submitted within THIRTY days or such extended time, but not exceeding FORTY-FIVE days all in all.

Dispute has to be settled after taking into account the version of opposite party and the evidence brought to the notice of the Forum by the complainant and opposite party.

Relief available to consumer:
a) Removal of defects from the goods.
b) Replacement of goods.
c) Refund of the price paid.
d) Award of compensation for loss or injury suffered.
e) Removal of deficiencies in service.
f) To discontinue unfair trade practice or Restrictive Trade Practice.
g) Prohibit sales of hazardous goods.
h) To withdraw hazardous goods
i) To provide for adequate costs.

Nature of Proceedings before Consumer Fora:
Sub Section 13 of the Act confers upon District Forum powers of a Civil Court in various matters such as summoning and enforcing attendance of any defendant or witnesses and examining the witness on affidavits, requisitioning reports of the appropriate laboratory or any other relevant sources concerning analysis or test and issuing of any commission for examination of any witness etc.

Further the proceedings before the Consumer Forums is deemed as judicial proceedings within the meaning of Section 193 and 228 of I.P.C. and the District Forum is to be considered as Civil Court for purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure 1973.

Section 193 of the Indian Penal Code pertains to perjury or fabrication of false evidence and Section 228 provides for punishment for intentional insult or interruption to Public Servants sitting in judicial proceedings.

Time bound hearing: S.13 (3A) provides that every complaint should be disposed of within 5 months from the date of receipt of notice from the Opposite Party where the dispute involves testing of the commodity by the Appropriate Laboratory. In other cases, this should be dealt with within 3 months from the date of receipt of notice by Opposite Party.

Adjournment not to be normally allowed: The aforesaid section provides that Consumer Forum shall ordinarily grant no adjournment unless sufficient cause is shown and the same is recorded in writing.

Adjournment when allowed shall be subject to cost: The Act provides that Consumer Forum shall direct payment of cost of adjournment as per the regulations to be made under the Act.

Interim Orders: S. 13 (3B) of the Act provides that where it appears necessary interim orders may be passed in cases just or proper in the facts and circumstances of the case.

Service of Notice etc..: S. 28A (newly added by 2002 amendment) provides for service of notices by any of the following modes:
1. by delivering or transmitting by Registered Post Acknowledgment Due;
2. by speed post;
3. by such courier service as approved by District Forum, State Commission or National Commission
4. by Fax
5. Any other means of transmission of documents;

Thus it is now possible to send a notice even via internet. Also further, as laid down by the Act, refusal of a party to take delivery of notice may be declared by Consumer Forum as good service. All notices required to be served by a party to the proceedings shall be deemed to have been duly served if addressed to the place of business or profession is carried on by Opposite Party or in case of Complainant where such person actually and voluntarily resides.