Consumer Protection Act Section 36 — Proceedings before District Commission

CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION

Civil

Summary

Sub-section (1) states that every proceeding before the District Commission must be conducted by the President of that Commission together with at least one member, sitting together. The proviso to this sub-section says that if a member is unable to continue a proceeding until it is completed, the President and the other member will continue the proceeding from the stage where it was last heard by the previous member.

Sub-section (2) provides that upon receiving a complaint filed under section 35, the District Commission may, by order, either admit the complaint for further proceedings or reject it. The first proviso to this sub-section states that a complaint cannot be rejected unless the complainant has been given an opportunity to be heard. The second proviso states that the question of whether the complaint is admissible should ordinarily be decided within twenty-one days from the date the complaint was filed.

Sub-section (3) states that if the District Commission does not decide the issue of whether the complaint is admissible within the specified period, the complaint is deemed to have been admitted.

Official Text

(1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together:

Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member.

(2) On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint for being proceeded with or reject the same:

Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:

Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed.

(3) Where the District Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted.