Last Updated on December 7, 2019 by Legalseva.net
Let us know the top 10 things about Consumer Forum Mohali
1 Address- SCF 72, 2nd-3rd Floor, Phase 2 (Sector 54), SAS Nagar (Mohali), Punjab .
2 Members– Sorry, not able to find it yet.
3 Jurisdiction– Zirakpur, Derabassi, Mohali, Landran, Kharar, SAS Nagar, Banur, Kurali, Balongi, Sohana, etc. All cities and villages coming in District Mohali.
Also Read- CHALLENGE CONSUMER COURT ORDER IN STATE COMMISSION PUNJAB HARYANA
Now read , jurisdiction of Consumer Courts as per Section 11 (2):
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Also Read- WHAT HAPPENS WHEN CONSUMER COURT ORDERS ARE NOT COMPLIED?
4 Types of Cases- Be it immigration fraud, defective phone, electronic items, medical negligence, refusal of any sort of insurance, delay in flight, delay in possession, refund of fee from educational institute, substandard food or goods or any consumer related grievance is entertained by consumer fora. For more clarification, you may dial 99888-17966.
5 Types of Application– Consumer Complaint, Execution, Review, Revision, Miscellaneous Application etc.
6 Timings– 10.30 am to 4pm (1-2pm lunch hours)
7 Check your Consumer Case online – Visit confonet.nic.in and put your case details in filters.
8 Enforcement of Orders- Once the order is passed, send the order copy by post to respondent to comply and keep the receipts safe. Wait for 30 days, if no appeal is preferred, then file execution of orders under Sec 25 (Attachment) & Sec 27 (Arrest) of Consumer Protection Act, 1985.
9 Fee for filing case– Upto 5 lacs it is free and upto 20 lacs , Rs 500 is to be paid.
10 How to file a case – The most important part. You need to file complaint with Index, Annexures as proof of purchase, payment, delivery and deficiency of services. File 3 sets for bench and Opposite Party copies as per actual. Get it attested from notary and file it in registry. You will be given first date of hearing on which you can note down the case number for future reference.
Also Read- CONSUMER PROTECTION ACT FAQ
Let us read Section 13 of Consumer Protection Act (Procedure on Admission of Complaint)-
(1) The District Forum shall, on admission of a complaint, if it relates to any goods,—
(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;
(b) where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);
(c) where the complaint 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 and 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 thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum;
(d) 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;
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(e) 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 mentioned in clause (c) and 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;
(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods 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;
(g) 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 (/) and issue an appropriate order under section 14.
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(2) the District Forum shall, if the complaint admitted by it under section 12 relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,—
(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;
(b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute,—
(i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or
(ii) ex parte on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum.
(c) where the complainant fails to appear on the date of hearing before the District Forum, the District Forum may either dismiss the complaint for default or decide it on merits.
Also Read- BEST EXAMPLES OF CONSUMER COMPLAINTS
(3) No proceedings complying with the procedure laid down in subsections [1] and [2] shall be called in question in any court on the ground that the principles of natural justice have not been complied with.
(3A) Every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:
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Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum:
Provided further that the District Forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act.
Provided also that in the event of a complaint being disposed of after the period so specified, the District Forum shall record in writing, the reasons for the same at the time of disposing of the said complaint.
(3B) Where during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.
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(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under 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 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.
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(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(6) Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-section (1) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.
(7) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.
Also Read- STATE CONSUMER COMMISSION CHANDIGARH PUNJAB HARYANA
Rest, you need to make out your case based on facts alleged in complaint that opposite party was deficient in providing promised services and indulged into unfair trade practice against your interest which is consumer in generals.
There is no compulsion to hire top/best/expert consumer lawyer of Chandigarh/Panchkula/Mohali to file your case but it goes a long way in getting you the desired relief from consumer courts. You may fight your case at your own risk but results may vary or can be against. So come prepared.
There is steep rise of consumerism today and we consume thousands of articles /services on daily basis. People may ignore it due to their super busy schedule but to keep malpractices in check, we must exercise our consumer rights or else we will always be exploited and looted by unfair companies or by individuals running them.
Also Read- LEGAL NOTICE BEFORE CONSUMER COMPLAINT
Lets pledge not to tolerate any of unfair trade practices and deficient services by anyone. Though it May take some time, 6 months or one year maximum but they can’t get away from consumer courts in Chandigarh Panchkula Mohali who are quick in giving relief to the deserving one.
This is all for now. For more info on subject, you May dial 99888-17966. This post is written by Advocate Satish Mishra practicing lawyer in consumer courts, state consumer commission & national commission.
