What is the procedure of shopper court once receiving a complaint?
The consumer court shall
on receipt of acclaim if it relates to any product Forward a replica of claim
to the suspect mentioned within the claim directional him to file his written
statement at intervals an amount of fifteen days or such extended amount not
exciding fifteen days;
Where the suspect, on receipt of claim remarked him, denies or disputes the allegations contained within the claim, or omits to fails to gift his case at intervals the time such, the patron court shall proceed to settle the patron dispute within the manner such hereafter; Where the claim alleges that the merchandise is flawed and don't adjust to the accepted trade standers, the patron court could decide the dispute on the premise of the proof regarding the accepted trade standers and by attractive knowledgeable proof during this regard;
Where the dispute can't be determined while not correct analyses or take a look at the merchandise, the court shall obtain the sample of the merchandise from the plaintiff seal it and demonstrate it within the manner prescribed and refer the sample to a laboratory beside a direction to form analyses or take a look at, whichever could also be necessary, with a read to checking out if such merchandise suffers from any defect and to report its checking out if such merchandise suffers from any defect and to report its finding to the patron court at intervals an amount of thirty days of the receipt of the reference or at intervals such amount as could also be extended, not extraordinary fifteen days by the court.
The court could need the
applicant to deposit to the credit of the patron court such fees as could also
be such, for payment to the laboratory for effecting the mandatory analysis or
take a look at and therefore the fee therefore deposited by the applicant shall
be owed by the suspect if the take a look at or analysis support the version of
the applicant.
2. The patron court shall if the claim relates to any;
a. forward a replica of such claim to the suspect directional him to file his written statement at intervals an amount of fifteen days as could also be granted by the court.
b. on receipt of the written statement of the suspect, if any proceeds to settle the dispute on the premise of proof made by each of the parties; if the suspect doesn't deny or dispute the allegations created within the grievance or fails to gift his case at intervals the required amount, the dispute shall be settled on the premise of the proof brought by the applicant.
The consumer court shall have similar powers as are unconditional in civil court,
whereas attempting a suit, in respect of the subsequent matters
particularly,
a. The conjuring and implementing group action of any suspect or witness and examining him on oath;
b. The discovering and production of any document or alternative material object which can be made as proof,
c. The receiving of proof on affidavits;
d. issue of any commission for the examination of any witness;
e. the other matters which can be prescribed.
Every continuing before the patron court shall be deemed to be a proceeding at intervals which means S.193 and 228 PPC and S. 195 CrPC. The personal presence of the applicant before the patron court shall not be needed until the suspect has placed up look before it.
DECISION OF COURT:
The consumer court shall decide the claim at
intervals of six months once the service of summons of the respondent ordered of shopper court if once the continuing conducted, the court is happy that the
merchandise complained against suffering from any of the defects per the claim
or that any or all of the allegations contained within the claim regarding the
services provided are true, it shall issue associate degree order to the
suspect directional him to require one or additional of the subsequent action
namely:
a. to get rid of defects from the merchandise
in question;
b. to switch the
merchandise with new merchandise of comparable description that shall be free
from any defect;
c. To come back to the applicant the value or
because the case could also be the fees paid by the claimant;
d. to try to such alternative things as could
also be necessary for adequate and correct compliance with the wants of this
act;
e. To pay cheap compensation of the patron for
any loss suffered by him thanks to the negligence of the defendant;
f. To award damages were appropriate;
g. To award actual cost as well as lawyer’s fees
incurred on the legal proceedings;
h. To recall the merchandise from trade or
commerce;
i. To confiscate or destroy the defective
product;
j. To remedy the defect in such amount as
could also see fit; k. To stop supplying the defective or faulty service till
it achieves the specified slandered.
PENALTIES:
Where a manufacturer
fails to perform or in any manner infringes the liabilities, he shall be
chastised with imprisonment which can be 2 years, or with a fine which can be a
hundred thousand rupees or with each addition to damages or compensation as
could also be determined by the court.
Where the suspect or the
applicant fails or omits to suits any order created by the court, such suspect
or the applicant shall be punishable with imprisonment for a term not but one
month which can be 3 years, or with a fine not but 5 thousand rupees which can
be twenty thousand rupees or with each.
CLAIMS:
Where a claim is found to be airheaded or
pesky, the patron court shall dismiss the claim associate decreed impose a fine
or the applicant up to a quantity not extraordinary 10 thousand rupees for
having willfully instituted a false claim and shall award acceptable
compensation to the suspect from the number of fine therefore accomplished.
IMMUNITY:
No suit, prosecution, or
alternative legal proceedings shall lie against, any trained worker under this act, acting under the direction of the patron Council or the govt for
any factor that is honestly done or meant to be done underneath this act.