Section 13 – THE CONSUMER PROTECTION ACT, 2019

(1) The District Forum shall, 2
[on admission of a
complaint], if it relates to any goods,—
3
[(a) refer a copy of the admitted complaint, within twenty-one days from the date of its
admission to the opposite party mentioned in the complaint directing him to give his version of the
case within a period of thirty days or such extended period not exceeding fifteen days as may be
granted by the District Forum;]
(b) where the opposite party on receipt of a complaint referred to him under clause (a) 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 in the manner specified in clauses (c) to (g);
(c) where the complaint alleges a defect in the goods which cannot be determined without proper
analysis or test of the goods, the District Forum shall obtain a sample of the goods from the
complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the
appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever
may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the
complaint or from any other defect and to report its findings thereon to the District Forum within a
period of forty-five days of the receipt of the reference or within such extended period as may be
granted by the District Forum;
(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the
District 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;
(e) the District Forum shall remit the amount deposited to its credit under clause (d) to the
appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on
receipt of the report from the appropriate laboratory, the District Forum shall forward a copy of the
report along with such remarks as the District Forum may feel appropriate to the opposite party;

1. Subs. by Act 62 of 2002, s. 9, for “Procedure on receipt of complaint.” (w.e.f. 15-3-2003).
2. Subs. by s. 9, ibid., for “on receipt of a complaint” (w.e.f. 15-3-2003).
3. Subs. by s. 9, ibid., for clause (a) (w.e.f. 15-3-2003).
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(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or
disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the
District Forum shall require the opposite party or the complainant to submit in writing his objections
in regard to the report made by the appropriate laboratory;
(g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well as
the opposite party of being heard as to the correctness or otherwise of the report made by the
appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue
an appropriate order under section 14.
(2) The District Forum shall, if the 1
[complaints admitted] by it under section 12 relates to goods in
respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates
to any services,—
(a) refer a copy of such complaint to the opposite party directing him to give his version of
the case within a period of thirty days or such extended period not exceeding fifteen days as may
be granted by the District Forum;
(b) where 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 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) 2
[ex parte 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.
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[(c) where the complainant fails to appear on the date of hearing before the District Forum,
the District Forum may either dismiss the complaint for default or decide it on merits.]
(3) No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be
called in question in any court on the ground that the principles of natural justice have not been complied
with.
3
[(3A) Every complaint shall be heard as expeditiously as possible and endeavour shall be made to
decide the complaint within a period of three months from the date of receipt of notice by opposite party
where the complaint does not require analysis or testing of commodities and within five months, if it
requires analysis or testing of commodities:
Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause
is shown and the reasons for grant of adjournment have been recorded in writing by the Forum:
Provided further that the District Forum shall make such orders as to the costs occasioned by the
adjournment as may be provided in the regulations made under this Act:
Provided also that in the event of a complaint being disposed of after the period so specified, the
District Forum shall record in writing, the reasons for the same at the time of disposing of the said
complaint.
(3B) Where during the pendency of any proceeding before the District Forum, it appears to it
necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.]
(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the
following matters, namely:—

1. Subs. by Act 62 of 2002, s. 9, for “complaint received” (w.e.f. 15-3-2003).
2. Subs. by s. 9, ibid., for “on the basis of evidence” (w.e.f. 15-3-2003).
3. Ins. by s. 9, ibid. (w.e.f. 15-3-2003).
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(i) the summoning and enforcing the attendance of any defendant or witness and examining the
witness on oath;
(ii) the discovery and production of any document or other material object producible as
evidence;
(iii) the reception of evidence on affidavits;
(iv) the requisitioning of the report of the concerned analysis or test from the appropriate
laboratory or from any other relevant source;
(v) issuing of any commission for the examination of any witness; and
(vi) any other matter which may be prescribed.
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the District Forum shall be
deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
1
[(6) Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of
sub-section (1) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil
Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit
or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.]
2
[(7) In the event of death of a complainant who is a consumer or of the opposite party against whom
the complaint has been filed, the provisions of Order XXII of the First Scheduled to the Code of Civil
Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the
plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the
case may be.]