Procedure on Admission of Consumer Complaint and Findings of District Commission

Current law: The Consumer Protection Act, 2019 is the governing central consumer protection statute. The subject formerly dealt with in Sections 13 and 14 of the Consumer Protection Act, 1986 is now principally covered by Sections 38 and 39 of the 2019 Act. The relevant provisions of the 2019 Act came into force on 20 July 2020.

This article explains what happens after a consumer complaint is admitted by a District Consumer Disputes Redressal Commission, commonly called the District Commission, and the types of findings and relief it may grant. The terminology has also changed from the former "District Forum" under the 1986 Act to "District Commission" under the 2019 Act.

Contents

Section 38 - Procedure on Admission of Complaint

Section 38 of the Consumer Protection Act, 2019 prescribes the procedure the District Commission follows after admission of a complaint. In broad terms, it provides for sending the admitted complaint to the opposite party, obtaining its version, dealing with disputes concerning defects in goods through testing where necessary, deciding service-related complaints on evidence, and proceeding on the available material where a party does not participate as permitted by law.

Reply by the opposite party

For complaints concerning goods, the District Commission sends a copy of the admitted complaint to the opposite party and calls for its version within the statutory period. The procedure also addresses cases in which the allegations are denied or the opposite party fails to respond within the permitted time.

Testing of goods

Where an alleged defect cannot properly be determined without analysis or testing, the Commission may obtain a sample and refer it to an appropriate laboratory. The statutory process includes payment of testing charges, communication of the laboratory report, written objections to the report and a reasonable opportunity of hearing.

Complaints concerning services and other goods

Where laboratory testing is not applicable, or where the complaint concerns services, the dispute is ordinarily determined on the evidence placed before the Commission. The Act also provides a procedure where the opposite party fails to take action to represent its case.

Time for disposal and interim orders

Section 38 seeks expeditious disposal. The Act contemplates an endeavour to decide a complaint within three months from receipt of notice by the opposite party where no testing is required, and within five months where analysis or testing is required. The District Commission may also pass an appropriate interim order during the pendency of proceedings.

Powers relating to evidence

For specified procedural matters, the District Commission has powers comparable to those of a civil court, including summoning and enforcing attendance, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning reports and issuing commissions for examination of witnesses or documents.

Section 39 - Findings of District Commission

Section 39 of the Consumer Protection Act, 2019 deals with the District Commission's findings and the orders it may make where the goods suffer from a proved defect or the allegations concerning services are proved. Depending on the case, the Commission may grant one or more statutory remedies.

  • Removal of a defect from the goods.
  • Replacement with defect-free goods of similar description.
  • Refund of the price or charges paid, with interest where ordered.
  • Compensation for loss or injury caused by negligence, including punitive damages in an appropriate case.
  • Removal of deficiencies in services.
  • Discontinuance of unfair or restrictive trade practices.
  • Directions concerning hazardous goods or hazardous services.
  • Relief where loss or injury affects a large number of consumers who cannot conveniently be identified.
  • Corrective advertisement to neutralise the effect of a misleading advertisement.
  • Costs and other relief authorised by the Act.

The precise relief depends on the pleadings, evidence, nature of the defect or deficiency and the statutory powers available to the Commission.

Sections 13 and 14 of the Consumer Protection Act, 1986

Historical note: The original page reproduced Sections 13 and 14 of the Consumer Protection Act, 1986, dealing respectively with procedure on admission of a complaint and findings of the District Forum. Those provisions remain useful for understanding older proceedings governed by the repealed enactment, but they should not be presented as the current procedure for newly instituted consumer complaints.

The 2019 Act repealed the Consumer Protection Act, 1986 and reorganised the consumer dispute redressal framework. Accordingly, references in older material to the "District Forum" should be read in their historical context; the current statute uses "District Commission."

Official Consumer Law Resources

For the authoritative statutory text and current rules, refer to the Consumer Protection Act, 2019 on India Code and the Department of Consumer Affairs consumer protection Acts and Rules page.