Page 270 - DMGT306_MERCANTILE_LAWS_II

Unit 13: Consumer Protection Act

Powers of the Redressal Agencies Notes

The District Forum, State Commission and the National Commission have been vested with the
powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of
the following matters:
(i) the summoning and enforcing 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 report of the concerned analysis or test from the appropriate
laboratory or from any other relevant source;
(v) issuing of any commission for the examination of any witness; and

(vi) any other matter which may be prescribed.
Under the Consumer Protection Rules, 1987, the District Forum, the State Commission and the
National Commission have the power to require any person:
(i) to produce before and allow to be examined by an officer of any of these agencies, such books
of accounts, documents or commodities as may be required and to keep such book, documents
etc. under his custody for the purposes of the Act;
(ii) to furnish such information which may be required for the purposes of the Act to any officer
so specified.
These redressal agencies have also been empowered to pass written orders authorising any
officer to exercise the power of entry and search of any premises where the books, papers,
commodities or documents are kept if there is any ground to believe that these may be destroyed,
mutilated, altered, falsified or secreted. Such authorised officer may also seize books, papers,
documents or commodities if they are required for the purposes of the Act, provided the seizure
is communicated to the District Forum/State Commission/National Commission within
72 hours. On examination of such documents or commodities, the agency concerned may order
the retention thereof or may return it to the party concerned.

Did u know? The District forum, the State Commission and the National Commission
have the power to issue remedial orders to the opposite party directing him to do any one
or more of the things referred to in Section 14(1)(a) to (i) as discussed herein below. The
redressal agencies have also been empowered to dismiss frivolous and vexatious
complaints under Section 26 of the Act and to order the complainant to make payment of
costs, not exceeding 10,000 to the opposite party.

Self Assessment

State whether the following statements are true or false:
12. An appeal against the order of state commission can be filed before the National
Commission.
13. Tie-in-sales involve selling of 2 items at the same price.

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