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CONSUMER NOTES-SERVICE OF NOTICE, APPEALS

Appeals:
National commission is the apex forum under the act. Any appeal against the
orders of the state commission, has to filled with the National Commission
only, but not in any other courts. Any person aggrieved, by the order of
National Commission may prefer an appeal to the Supreme Court within a
period of thirty days from the date of the order. However, the appellant has
to deposit fifty percent of the amount if any ordered to be paid by the
National Commission or Rupees Fifty Thousand, whichever is less.

Finality of the order:


Every order of the District Forum, State Commission or the National
Commission shall final unless an appeal is preferred against the order within
the period under the provisions of the Act.

Limitation period:
While computing the limitation period for any suit, appeal, application, the
day from which such period is computed is to be excluded; likewise the time
required for obtaining the copy of the order, is to be excluded. The limitation
period for filing a complaint in any forums under the Act is two years from
the date on which the cause of action has arisen.

Enforcement of Orders:
When an interim orders made under this Act by forum/commission is not
complied with; the forum/commission may order that the property of the
person not complying with the orders be attached. Such attachment shall
remain in force for a period of three months, and if non-complainance of the
order continues, the property attached may be sold. The forum/commissions,
may award compensation to the complaint, out of the sale proceeds and the
balance if any shall be paid to the party entitled thereto.

When any amount is due from any person under the orders made by
forum/commission the person entitled to such amount may make an
application to the forum/commission. On receipt of such application the
respective forum/commission shall issue a certificate for the said amount to
the collector of the district, who shall proceed to recover the amount in the
same manner as arrears of land revenue.

Penalties:
When any of the parties fails or omits to comply with orders of
forum/commission such party is liable to punished with an imprisonment of
not less than one month but may be extended upto three years or to a fine
of not les than two thousand rupees, which may be extended upto ten
thousand rupees or both imprisonment and fine. The forum/commissions
shall have powers of first class judicial magistrate for trial of offences under
the Act. All the offences under the Act may be summarily tried by
forum/commissions.

Service of notice:
All the notices may be served by personal delivery or by transmitting a copy
there of by registered post acknowledgement due addressed to the opposite
party or to the complainant. The service may also be done by speed post or
such courier services as approved by forum/commissions. Service may also
be done, by any other means of transmission of documents including Fax.

All notices required to be served on the opposite party or complainant is


deemed to have served if addressed to the place of business or profession in
case of opposite party and in case of complainant to the place where such
person actually resides.

The forum/commission can declare that notice has been duly served on
receipt of acknowledgement of service signed by the party to whom notice is
sent or signed by his agent. In case of return of notices undelivered; with an
endorsement by a postal employee or by any person authorised by the
courier company to the effect that the opposite party or his agent or
complainant has refused to take delivery of the notice, the forum/commission
may declare that such notice has been duly served on the party to whom the
notice was addressed.

In case of non receipt of acknowledgement which might have been lost,


mislaid, within a period of thirty days, from the date of issue of such notice,
the forum/commission may declare that the notice is served provided the
notice

is

properly

addressed,

prepaid,

and

sent

by

registered

acknowledgement due.

Additional power of Forum, Commission:


The District Forum, State Commission, National Commission has powers to
call any person to be present before and examine him. The examination will
be done by an officer of the forum or commission. They may call for such
books, accounts, documents or commodities in the custody of or under the
control of any person, if examination of such books, accounts, documents or
commodities is required for the purpose. If forum/commissions has any
ground to believe any papers, documents, commodity etc may destroyed,
altered, falsified it may authorise its officer enter, search any premises and
to siege such items,. However, such seizure has to be reported to the
form/commission within a period of 72 hours.

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