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Corporate Legal Framework

Notes the District Forum shall proceed to settle the consumer disputes in the manner
specified in clauses (c) to (g) hereunder.

2. Procedure in respect of goods where the defect alleged requires analysis or testing:
(i) Where a complainant 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. 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)].

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 affi davits;
(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.

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