Consumer Protection Act Section 65 — Service of notice, etc
CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION
Civil
Summary
Sub-section (1) explains the methods by which all notices required under this Act must be sent. A notice is served by delivering or sending a copy through registered post with acknowledgment due, addressed to the opposite party against whom the complaint is made, or to the complainant. It can also be sent by speed post, or by a courier service approved by the District Commission, State Commission, or National Commission, as applicable. Additionally, any other mode of transmitting documents, including electronic means, may be used.
Sub-section (2) states that, without affecting the provisions of sub-section (1), a notice required by this Act may be served on an electronic service provider at the address it has provided on the electronic platform from where it offers its services. For this purpose, the electronic service provider must designate a nodal officer to accept and process such notices.
Sub-section (3) deals with situations where the Commission receives an acknowledgment or receipt that appears to be signed by the opposite party, their agent, or the complainant, or where the postal article containing the notice is returned with an endorsement by a postal employee or a person authorised by the courier service stating that the recipient refused to take delivery or accept the notice. In such cases, the District Commission, State Commission, or National Commission, as applicable, shall declare that the notice has been duly served on the opposite party or the complainant. The proviso to this sub-section adds that if the notice was properly addressed, pre-paid, and duly sent by registered post with acknowledgment due, the declaration of service will still be made even if the acknowledgment has been lost, misplaced, or not received by the Commission within thirty days from the date the notice was issued.
Sub-section (4) states that all notices required to be served on an opposite party or the complainant are considered sufficiently served if they are addressed to the place where the opposite party carries on business or profession, and in the case of the complainant, to the place where that person actually and voluntarily resides.
Official Text
(1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means.
(2) Without prejudice to the provisions contained in sub-section (1), the notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices.
(3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be:
Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.
(4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides.