Wednesday, February 27, 2008

Redressal Agencies

Powers of the Redressal Agencies

The District Forum, State Commission and the National Commission are vested with the powers of a civil court under the Code of Civil Procedure while trying a suit in respect of the following matters:-

1. the summoning and enforcing attendance of any defendant or witness examining the witness on oath;

2. the discovery and production of any document or other material producible as evidence;

3. the reception of evidence on affidavits:

4. the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;

5. issuing of any commission for the examination of any witness; and

6. any other matter which may be prescribed.

Under the Consumer Protection Rules, 1987, the District Forum, 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 authorities, such books of accounts, documents or commodities as may be required and to keep such book, documents etc. under its custody for the purposes of the Act;

(ii) To furnish such information which may be required for the purposes to any officer so specified.

They have the power to :-

(i) To pass written orders authorising any officer to exercise power of entry and search of any premises where these 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.

(ii) to issue remedial orders to the opposite party.

(iii) to dismiss frivolous and vexatious complaints and to order the complainant to make payment of costs, not exceeding Rs. 10,000 to the opposite party.

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