CONSUMER NOTES-SERVICE OF NOTICE, APPEALS
Appeals:
National commission is the apex forum under the act.
Any appeal against the orders of the state commission, has to filled with the
National Commission only, but not in any other courts. Any person aggrieved, by
the order of National Commission may prefer an appeal to the Supreme Court
within a period of thirty days from the date of the order. However, the
appellant has to deposit fifty percent of the amount if any ordered to be paid
by the National Commission or Rupees Fifty Thousand, whichever is less.
Every order of the District Forum, State
Commission or the National Commission shall final unless an appeal is preferred
against the order within the period under the provisions of the Act.
While computing the limitation period for
any suit, appeal, application, the day from which such period is computed is to
be excluded; likewise the time required for obtaining the copy of the order, is
to be excluded. The limitation period for filing a complaint in any forums
under the Act is two years from the date on which the cause of action has
arisen.
When an interim orders made under this Act
by forum/commission is not complied with; the forum/commission may order that
the property of the person not complying with the orders be attached. Such
attachment shall remain in force for a period of three months, and if
non-complainance of the order continues, the property attached may be sold. The
forum/commissions, may award compensation to the complaint, out of the sale
proceeds and the balance if any shall be paid to the party entitled thereto.
When any amount is due from any person
under the orders made by forum/commission the person entitled to such amount may
make an application to the forum/commission. On receipt of such application the
respective forum/commission shall issue a certificate for the said amount to
the collector of the district, who shall proceed to recover the amount in the
same manner as arrears of land revenue.
When any of the parties fails or omits to
comply with orders of forum/commission such party is liable to punished with an
imprisonment of not less than one month but may be extended upto three years or
to a fine of not les than two thousand rupees, which may be extended upto ten
thousand rupees or both imprisonment and fine. The forum/commissions shall have
powers of first class judicial magistrate for trial of offences under the Act.
All the offences under the Act may be summarily tried by forum/commissions.
All the notices may be served by personal
delivery or by transmitting a copy there of by registered post acknowledgement
due addressed to the opposite party or to the complainant. The service may also
be done by speed post or such courier services as approved by
forum/commissions. Service may also be done, by any other means of transmission
of documents including Fax.
All notices required to be served on the
opposite party or complainant is deemed to have served if addressed to the
place of business or profession in case of opposite party and in case of
complainant to the place where such person actually resides.
The forum/commission can declare that
notice has been duly served on receipt of acknowledgement of service signed by
the party to whom notice is sent or signed by his agent. In case of return of
notices undelivered; with an endorsement by a postal employee or by any person
authorised by the courier company to the effect that the opposite party or his
agent or complainant has refused to take delivery of the notice, the
forum/commission may declare that such notice has been duly served on the party
to whom the notice was addressed.
In case of non receipt of acknowledgement
which might have been lost, mislaid, within a period of thirty days, from the
date of issue of such notice, the forum/commission may declare that the notice
is served provided the notice is properly addressed, prepaid, and sent by
registered acknowledgement due.
The District Forum, State Commission,
National Commission has powers to call any person to be present before and
examine him. The examination will be done by an officer of the forum or
commission. They may call for such books, accounts, documents or commodities in
the custody of or under the control of any person, if examination of such
books, accounts, documents or commodities is required for the purpose. If
forum/commissions has any ground to believe any papers, documents, commodity
etc may destroyed, altered, falsified it may authorise its officer enter,
search any premises and to siege such items,. However, such seizure has to be
reported to the form/commission within a period of 72 hours.
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