Page 269 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes such goods suffer from any such defect. The appropriate laboratory would be required to report
its finding to the referring authority, i.e. the District Forum or the State Commission within a
period of forty-five days from the receipt of the reference or within such extended period as may
be granted by these agencies [Section 13(1)(c)]. The term Appropriate laboratory has been defined
to mean a laboratory or organisation recognised by the Central Government or a State
Government, subject to such guidelines as may be prescribed by the Central Government in this
behalf; or any such laboratory or organisation established by or under any law for the time
being in force, which is maintained, financed or aided by the Central Government or a State
Government for carrying out analysis or test of any goods with a view to determining whether
such goods suffer from any defect.

Section 13 empowers the District Forum/State Commission to require the complainant to deposit
such amount as may be specified, towards payment of fees to the appropriate laboratory for the
purpose of carrying out the necessary analysis or tests. The amount so deposited shall be remitted
to the appropriate laboratory to enable it to carry out the analysis and send the report. On
receipt of the report, a copy thereof is to be sent by District Forum/State Commission to the
opposite party along with its own remarks. In case any of the parties i.e. opposite party or the
complainant, disputes the correctness of the methods of analysis/test adopted by the appropriate
laboratory, the concerned party will be required to submit his objections in writing in regard to
the report.
After giving both the parties a reasonable opportunity of being heard and to present their
objections, if any, the District Forum/State Commission shall pass appropriate orders under
Section 14 of the Act.

(ii) In case of Dispute Relating to Goods not Requiring Testing or Analysis or Relating to
Services

Section 13(2)(b) provides that where the opposite party denies or disputes the allegations
contained in the complaint within the time given by the District/State Commission, the Agency
concerned shall dispose of the complaint on the basis of evidence tendered by the parties. In case
of failure by the opposite party to represent his case within the prescribed time, the complaint
shall be disposed of on the basis of evidence tendered by the complainant.

Limitation Period for Filing of Complaint

Section 24A provides that the District Forum, the State Commission, or the National Commission
shall not admit a complaint unless it is filed within two years from the date on which the cause
of action has arisen. However, where the complainant satisfies the Forum/Commission as the
case may be, that he had sufficient cause for not filing the complaint within two years, such
complaint may be entertained by it after recording the reasons for condoning the delay.

Administrative Control

Section 24B authorises the National Commission to exercise administrative control over the
State Commissions in the matter of calling for periodical returns regarding the institution,
pendency and disposal of cases, issuance of instructions regarding adopting of uniform procedure
in hearing of matters, serving copies of documents, translation of judgements etc. and generally
overseeing the functioning of the State Commission/District forum to ensure that the objects
and purposes of the Act are served in the best possible manner.
Similarly, the State Commission has been authorised to exercise administrative control over all
the District forum within its jurisdiction in all the above matters.

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