Chapter: 2.3 Contempt Proceedings in the Machinery and Nature of Proceedings

Contempt Proceedings:
As District Forum is treated as Civil Court for the purpose of the Section 195 of Criminal Procedure, a Forum can prosecute persons responsible for contempt of lawful authority of Public Servant, for offences against public justice and for offences relating to documents given in evidence.

Public interest Complaints:
Sub Section 6 of section 13 of the Consumer Protection Act covers this category of complaints which may be called as public interest complaints or common interest complaints. This provision applies where there are numerous consumers having the same interest.

Order 1 Rule 8 of the Civil Procedure Code applies to such references.

Procedure:
This is a kind of representative complaint where one or more persons represent with the permission of Consumer Forum, all persons interested in the complaint. Consumer Forum shall give notice of institution of complaint to all persons interested, at the expenses of the complainant. Forum may direct public advertisement instead of sending individual notice.

Any person for whose benefit the complaint is filed may apply to the Forum to be made a party to the proceedings.

An order passed under these rules becomes binding on all persons on whose behalf or for whose benefit the complaint is instituted.

The above mentioned provisions have been incorporated when the Act was amended in 1993. As these provisions are very important for the public by and large there is a need to stimulate development of the law and practices in actual working or operation of these scarcely used provisions of law.

Appeal against the Order of District Forum:
a) Appeal against the order of District Forum lies to State Commission.
b) Appeal has to be filed within 30 days.
c) No fees have been prescribed for filing an appeal.
d) Appeal should accompany a certified true copy of the Order of District Forum.
e) Reasons for filing an appeal should be specified.

Similarly an appeal against the Order of State Commission lies to National Commission.

HEARING OF APPEAL: S. 19A provides that an appeal should be heard and finally disposed of within a period of 90 days from the date of admission of the appeal.

Judicial Review Procedures:

Sub Section (3) of Section 13 provides that no proceedings complying with the procedure laid down under Sub-Section (1) and (2) can be called in question in be any court on the ground that principles of natural justice have not been complied with. It appears judicial review in regard to the above aspects has been intentionally barred with a view to ensure speed\ disposal of complaints which can otherwise be scuttled or delayed by innumerable vexatious proceedings before civil courts. While judicial review has been expressly barred, this section dose not appear to bar writ jurisdiction of High Courts. While upholding the constitutional validity of the Act, the Supreme Court in State of Karnataka v. Vishwabharathi House Building Co-op. Society & Ors. 1(2003) CPJ 1 (SC) has made the observation to the effect that writ jurisdiction of High Courts and the Supreme Court remains unaffected. Further, an appeal or a Revision Petition can be filed before the Appellate Authority under the Act.

Time limit deciding complaint/ appeal:
As far as possible District Forum/State Commission/National Commission are required to decide the cases speedily i. e.:
a) Within a period of 3 months.
b) From the date of receipt of notice by opposite party where the complaint does not require analysis or testing.
c) Within a period of 5 months from the date of receipt of notice by opposite party where complaint requires analysis or testing.
d) National Commission and State Commission are required to decide the appeal as far as possible within 90 days from the date of 1st date of hearing.

Enforcement of Orders passed by Consumer Fora:
Enforcement and penal provisions in the Act enable the aggrieved complainant to enforce the orders of Consumer fora quickly and without any extra cost.