Describe the complete procedure for a consumer to file a complaint under the Consumer Protection Act, 2019, and outline the powers that the State Consumer Dispute Redressal Commission (SCDRC) can exercise during the adjudication process.
Answer
The consumer files a written complaint with required documents, the SCDRC issues notice, conducts hearing, may summon parties, inspect evidence, and can order removal of defect, replacement, refund, or compensation as per its powers.
Step-by-step solution
- Step 1: The aggrieved consumer prepares a written complaint stating facts, parties involved, and relief sought.
- Step 2: Attach supporting documents such as purchase invoice, warranty, and proof of loss, as required by the Act.
- Step 3: Submit the complaint to the appropriate forum (District, State, or National) depending on the monetary value.
- Step 4: The SCDRC, upon receipt, issues a notice to the opposite party calling them to appear.
- Step 5: Both parties are given a reasonable opportunity to present their case and evidence during the hearing.
- Step 6: The Commission may summon witnesses, request documents, and conduct site inspections under its power to ensure truthfulness.
- Step 7: After hearing, the SCDRC passes an order which may include removal of defect, replacement of goods, refund of price, or award of compensation.
- Step 8: The order is binding; the opposite party must comply within the time frame specified, else execution proceedings may be initiated.
- Step 9: The consumer may appeal to the National Commission if dissatisfied with the SCDRC order.
Common mistake: Skipping attachment of supporting documents before filing the complaint
Concept tested: Complaint filing and SCDRC powers
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