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Unit 13: Consumer Protection Act

Complaints before the District Forum and State Commission Notes

Section 12 provides that a complaint, in relation to any goods sold or delivered or agreed to be
sold or delivered or any service provided or agreed to be provided may be filed with the District
Forum by—
(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or
such service provided or agreed to be provided;
(b) any recognised consumer association, whether the consumer to whom the goods sold or
delivered or agreed to be sold or delivered or service provided or agreed to be provided, is a
member of such association or not; or
(c) one or more consumers, where there are numerous consumers having the same interest with
the permission of the District Forum, on behalf of, or for the benefit of, all consumers so
interested; or
(d) the Central or the State Government as the case may be, either in its individual capacity or as
a representative of interests of the consumers in general.
Every complaint filed under this section is required to be accompanied with such amount of fee
and payable in such manner as may be prescribed. On receipt of a complaint, the District Forum
may, by order, allow the complaint to be proceeded with or rejected. However, a complaint
shall not be rejected unless an opportunity of being heard has been given to the complainant. It
is also to be noted that the admissibility of the complaint shall ordinarily be decided within
twenty-one days from the date on which the complaint was received. Where a complaint is
allowed to be proceeded, the District Forum may proceed with the complaint in the manner
provided under this Act. Where a complaint has been admitted by the District Forum, it shall not
be transferred to any other court or tribunal or any authority set up by or under any other law
for the time being in force.
The explanation defines the term recognised consumer association as to mean any voluntary
consumer association registered under the Companies Act, 1956 or any other law for the time
being in force.

Thus, in case the affected consumer is unable to file the complaint due to ignorance, illiteracy or
poverty, any recognised consumer association may file the complaint. The rule of “privity of
contract” or locus standi which permits only the aggrieved party to take action has very rightly
been set aside in the spirit of public interest litigation. Section 13 states the procedure to be
followed by the District Forum or the State Commission on receipt of a complaint. On receipt of
a complaint, a copy of the complaint is to be referred to the opposite party (or each of the
opposite parties, where there are more than one) within twenty-one days from the date of its
admission, directing him to give his version of the case within a period of 30 days. This period
may be extended by another period of 15 days. If the opposite party admits the allegations
contained in the complaint, the complaint will be decided on the basis of materials on the
record. Where the opposite party denies or disputes the allegations contained in the complaint,
or omits or fails to take any action to represent his case within the stipulated time, the dispute
will be settled in the following manner:

(i) In case of Dispute Relating to Any Goods

Where the complaint alleges a defect in the goods which cannot be determined without proper
analysis or test of the goods, a sample of the goods shall be obtained from the complainant,
sealed and authenticated in the prescribed manner, for referring to the appropriate laboratory
for the purpose of any analysis or test whichever may be necessary, so as to find out whether

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