Protection of action taken in good faith to consumer

28. Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall lie against the members of District Forum, the State Commission or the National Commission or any officer or person acting under the direction of the District Forum, the State Commission or the National Commission for executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member, officer or person under this Act or under any rule or order made there under.

28A. Service of Notice, etc. –

(1) All notices, required by this Act to be served, shall be served in the manner hereinafter mentioned in sub-section (2).

(2) The service of notices may be made 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 as are approved by the District Forum, the State Commission or the National Commission, as the case may be, or by any

other means of transmission of documents (including FAX message).

(3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the District Forum, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back

by such District Forum, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorized 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 (2) when tendered or transmitted to him, the District Forum or the State Commission or the National Commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant.

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 mislaid, or for any other reason, has not been received by the District Forum, 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 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 and in case of complainant, the place where such person actually and voluntarily resides.)

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2 Comments

  • Rajansh Thukral says:

    I have to file a complaint against an Airlines company at Delhi Consumer Forum. The first party is the Airlines has business at Janpath and second party is travel agent at Mumbai. Please advise the following:

    Which forum at Delhi shall have the jurisdiction
    in whose name the DD/PO of filing fees is to be made
    how many copies of the complaint to be filed.
    Am I required to attach originals with the complaint
    Am I required to file Evidence by way of affidavit along with the complaint

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  • Rajesh says:

    Me and my friend have booked a flat in the same project, on same date, on same rate, same type of flat, same payment terms and same price with a builder in 2008. Builder has failed to deliver it in last 9 years thus filed case in ncdrc against the builder on same date in 2015. Cases were assigned to different benches of ncdrc. Case of my friend assigned to different bench was disposed off a year back and received refund as per order. however my case is pending for last one year for final hearing in due course of time in another bench with no date of further hearing. Tenure of Presiding member of my bench is getting over in a month. What should I do?

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