Section 38 – THE CONSUMER PROTECTION ACT, 2019
Procedure on admission of complaint (1) The District Commission shall, on admission of acomplaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceedwith such complaint.(2) Where the complaint relates to any goods, the District Commission shall,—(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admissionto the opposite party mentioned in the complaint directing him to give his version of the case within aperiod of thirty days or such extended period not exceeding fifteen days as may be granted by it;(b) if the opposite party on receipt of a complaint referred to him under clause (a) denies ordisputes the allegations contained in the complaint, or omits or fails to take any action to represent hiscase within the time given by the District Commission, proceed to settle the consumer dispute in themanner specified in clauses (c) to (g);(c) if the complaint alleges a defect in the goods which cannot be determined without properanalysis or test of the goods, obtain a sample of the goods from the complainant, seal it andauthenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriatelaboratory along with a direction that such laboratory to make an analysis or test, whichever may benecessary, with a view to finding out whether such goods suffer from any defect alleged in thecomplaint or from any other defect and to report its findings thereon to the District Commissionwithin a period of forty-five days of the receipt of the reference or within such extended period asmay be granted by it;(d) before any sample of the goods is referred to any appropriate laboratory under clause (c),require the complainant to deposit to the credit of the Commission such fees as may be specified, forpayment to the appropriate laboratory for carrying out the necessary analysis or test in relation to thegoods in question;(e) remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enableit to carry out the analysis or test mentioned in clause (c) and on receipt of the report from theappropriate laboratory, it shall forward a copy of the report along with such remarks as it may feelappropriate to the opposite party;(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, ordisputes the correctness of the methods of analysis or test adopted by the appropriate laboratory,require the opposite party or the complainant to submit in writing his objections with regard to thereport made by the appropriate laboratory;(g) give a reasonable opportunity to the complainant as well as the opposite party of being heardas to the correctness or otherwise of the report made by the appropriate laboratory and also as to theobjection made in relation thereto under clause (f) and issue an appropriate order under section 39.(3) The District Commission shall, if the complaint admitted by it under sub-section (2) of section 36relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or ifthe complaint relates to any services,—(a) refer a copy of such complaint to the opposite party directing him to give his version of thecase within a period of thirty days or such extended period not exceeding fifteen days as may begranted by the District Commission;(b) if 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 action torepresent his case within the time given by the District Commission, it shall proceed to settle theconsumer dispute—(i) on the basis of evidence brought to its notice by the complainant and the opposite party, ifthe opposite party denies or disputes the allegations contained in the complaint, or(ii) ex parte on the basis of evidence brought to its notice by the complainant, where theopposite party omits or fails to take any action to represent his case within the time given by theCommission;21(c) decide the complaint on merits if the complainant fails to appear on the date of hearing.(4) For the purposes of sub-sections (2) and (3), the District Commission may, by order, require anelectronic service provider to provide such information, documents or records, as may be specified in thatorder.(5) No proceedings complying with the procedure laid down in [sub-sections (2) and (3)] shall becalled in question in any court on the ground that the principles of natural justice have not been compliedwith.(6) Every complaint shall be heard by the District Commission on the basis of affidavit anddocumentary evidence placed on record:Provided that where an application is made for hearing or for examination of parties in person orthrough video conferencing, the District Commission may, on sufficient cause being shown, and afterrecording its reasons in writing, allow the same.(7) Every complaint shall be disposed of as expeditiously as possible and endeavour shall be made todecide the complaint within a period of three months from the date of receipt of notice by opposite partywhere the complaint does not require analysis or testing of commodities and within five months if itrequires analysis or testing of commodities:Provided that no adjournment shall ordinarily be granted by the District Commission unless sufficientcause is shown and the reasons for grant of adjournment have been recorded in writing by theCommission:Provided further that the District Commission shall make such orders as to the costs occasioned bythe adjournment as may be specified by regulations:Provided also that in the event of a complaint being disposed of after the period so specified, theDistrict Commission shall record in writing, the reasons for the same at the time of disposing of the saidcomplaint.(8) Where during the pendency of any proceeding before the District Commission, if it appearsnecessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.(9) For the purposes of this section, the District Commission shall have the same powers as are vestedin a civil court under the Code of Civil Procedure,
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