Consumer Protection Act 1986 & Its Medical Profession related Provisions After The
Judgment Honorable Supreme Court of India dated 13-11-95
DISTRICT FORUM
Procedure on receipt of complaint
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The District Forum shall on receipt of a complaint:
a) Refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of 30 days or such extended period not exceeding 15 days as may be granted by the District Forum.
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Where the opposite party, on receipt of a copy of the complaint, denies or disputes the allegations contained 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
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;
In addition to procedure prescribed under section 13 (2) of the Act, further procedure has been provided for under the respective State Rules, which are almost identical in each state. Such further procedure as provided in Consumer Protection
(Rajasthan) Rules, 1987 is as under:
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Where the opposite party admits the allegation made by the complainant, the District Forum shall decide the complaint on the basis of the case and documents present before it.
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If during the proceeding conducted under section 13 of the Act, the District Forum fixes a date for hearing of the parties, it shall be obligatory on the complainant and opposite party or its authorized agent to appear before the District Forum in such date of hearing or any other date to which hearing could be adjourned.
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Where the complainant or his authorized agent fails to appear before the District Forum on Such day, the District Forum may in its discretion either dismiss the complaint in default or if a substantial portion of the evidence of the complainant has already been recorded, decide it on merits. Where the opposite party or its authorized agent fails to appear on the day of hearing, the District Forum may decide the complaint
ex-parte.
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Where any party to a complaint to whom time has been granted fails to produce his evidence or to cause the attendance of his witness, or to perform any other act necessary to the further progress of the complaint, for which time has been allowed, the District Forum may notwithstanding such default:
a) If the parties are present, proceed to decide the complaint forthwith; or
b) If the parties or any of them is absent, proceed as mentioned above in sub-rule
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The District Forum may, on such terms as it may think fit at any stage, adjourn the hearing of the complaint but more than one adjournment shall ordinarily be given and the complaint should be decided within 90 days from the date of notice received by the opposite where complaint does not require analysis or testing of the foods and within 150 days if it requires analysis or testing of the goods.
Careers
