Page 167 - DCOM103_COMMERCIAL_LAW

Commercial Law

Notes prescribed. It shall then 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 thereof to
the District Forum within a period of 45 days of the receipt of the reference or within
such extended period as may be granted by the District Forum [Clause (c)].
(ii) 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
[Clause (d)].
(iii) 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 as aforesaid.
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 [Clause (e)].
(iv) If any of the parties disputes the correctness of the findings of the appropriate

laboratory, or disputes the correctness of the method 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 [Clause (f)].
(v) 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 Sec.14
[Clause (g)].

16.3.5 Power of the District Forum [Sec.13(4)]

District Forum shall have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 while trying a suit in respect of the following matters, namely: (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

concerned analysis or test from the appropriate laboratory or from any other relevant source;
(v) issuing of any commission (i.e., warrant conferring authority) for the examination of any
witness; and (vi) any other matter which may be prescribed.

16.3.6 Reliefs available to Consumers (Sec.14)

If, after the proceeding conducted under Sec.13, the District Forum is satisfied that the goods

complained against suffer from any of the defects specified in the complaint or that any of the
allegations contained in the complaint about the services are proved, it shall issue an order to the
opposite party directing him to do one or more of the following things, namely: (a) to remove the
defect pointed out by the appropriate laboratory from the goods in question. (b) to replace the
goods with new goods of similar description which shall be free from defects. (c) to return to the
complainant the price, or as the case may be, the charges paid by the complainant. (d) to pay such
amount as may be awarded by it as compensation to the consumer for any loss or injury suffered
by the consumer due to the negligence of the opposite party. (e) to remove the defects in goods or

deficiencies in the services in question. (f) to discontinue the unfair trade practice or the restricted
trade practice or not to repeat them. (g) not to offer the hazardous goods for sale. (h) to withdraw

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