District Forum give its decision after its findings

14. Finding of the District Forum.-{l) If, after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to 2[do] one or more of the following things, namely:- .

(a) to remove the defect pointed but by the appropriate laboratory from the goods in question;

(b) to replace the goods with new goods of similar description which shall be free from any defect;

(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant;

(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;

(Provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit: )


I. Ins. by Act 50 of 1993, sec. 11 (w.e.f.18-6-1993).

  1. Sub. by Act 50 of 1993, sec. 12 (w.e.f: 18-6-1993). –

1[(e) to remove the defects in goods or deficiencies in the services in question;

(f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them;

(g) not to offer the hazardous goods for sale;

(h) to withdraw the hazardous goods from being offered for sale;

(ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;

(hb) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:

Provided that the minimum amount of sum so payable shall not be less than five per cent of the value of such defective goods sold or services provided, as the case may be, to

such consumers:

Provided further that the amount so obtained shall be credited in favour of such person and utilized in such manner as may be prescribed; (hc) to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;)

(i) to provide for adequate costs to parties.]

2[(2) Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Forum and at least 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.)

(2A) Every order made by the District Forum under sub-section (l)shall be signed by its President and the member or members who conducted the proceeding:

Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum.]

(3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government.

COMMENTS

(i) Compensation is to be given for loss or injury suffered by a consumer, due to negligence of the opposite party;

S.K. Lakhotia v. National Insurance Co. Ltd., 1994 (I) CPR 43.

(ii) The party to be awarded compensation has not only to show deficiency in service but also the negligence of the other party and without the finding of negligence there cannot be any award; Director, Himachal Institute of Engineering & Technology v –Ani1_KumarGupta, 1994 (I) CPR 182.

(iii) If a consumer sustained any loss or damage actually, he is entitled to compensation; Padmana Dash v. Divisional Rly. Manager, S.E. Rly., 1994 (I) CPR 77.

(iv) The Fora have no jurisdiction to pass interim order. The complaint was filed to restrain a public issue. It was also held that unsuccessful applicants, :who have not been allotted any shares can not prefer a complaint under the Act; Morgan Stanley v. Kartlk Das, II (1994) CPJ 7 (SC).

_

(v) Delay in delivery after booking of a car is no deficiency; Mis. Maruti Udyog Ltd, v. Mrs. Bhuvana Viswaiiathan, II (1993) CPJ 172 (NC).

(vi) Redressal forums have no jurisdiction in matters involving outright sale of immovable property at an auction; Allied (Garments) Exports Industries Pvt, Ltd. v. D.D.A., II (1992) CPJ 505 (NC).

(vii) Consumer Forums have no jurisdiction to pass interim orders; District Manager, Telephones v. Mis. Munilal Erij Mohan, 1(1993) CPJ 41 (NC).


  1. Ins.byAct50of1993,sec.12(w.e.f.18-6-19~3).
  2. Subs. by Act 34 of 1991, Sec. 2 (w.e.f. 15-6-1991).

 

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1 Comment

  • Premmchand says:

    Decided district consumer forum case::
    Bank customer son and mother applied for a loan in the bank, where property in mother’s name.After availing the loan over a period mother died. Son closed the loan and asked the bank to deliver the documents to him stating he is the only legal heir. Bank asked to get legal heir or family certificate and death certificate. He submitted only death certificate and demanded for delivery of titles. Bank refused. Customer approached the distance forum.Bank received the notice and they acknowledged, but forgot to diarise and attend the court.Seven adjournment made in two years and finally case decided in favour of customer stating bank didn’t file vakalat.hence bank has to deposit title deeds Also litigation amt 20000/ before forum. After 6 months Bank received a show-cause notice to attend. Here’s bank attended the forum with vakalat, and to reopen the case as it’s wrong to give documents with out legal heir certificate. But president didn’t accept said First as per decision to deposit titles and litigation amount.pl advice to bank

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