Govt asks consumer courts not to adjourn cases beyond a month

In order to deliver a speedy resolution of consumer grievances, the Centre on Friday asked the consumer courts at all levels – district, state and national levels – not to adjourn any matter for more than a month so that consumer complaints can be decided in a time-bound manner.

New Delhi: In order to deliver a speedy resolution of consumer grievances, the Centre on Friday asked the consumer courts at all levels – district, state and national levels – not to adjourn any matter for more than a month so that consumer complaints can be decided in a time-bound manner. The Department of Consumer Affairs has written to Registrars and Presidents of National, State and District Commissions not to grant an adjournment for more than one month to ensure adhering to the timelines provided under the Consumer Protection Act of 2019.

The government said if there is a delay in resolving the complaints beyond 2 months due to adjournments sought by the parties then the Commission may consider imposing costs on them. In his letter, consumer affairs secretary Rohit Kumar Singh said the consumer forums should ensure inexpensive, hassle-free and speedy justice to the consumers.

Singh said that the frequent and long adjournments not only deny a consumer his right to be heard and seek redressal, but also takes away the spirit of enactment that the legislature intended. “Consumer Commissions are requested to ensure that in no circumstance adjournment for a long period is provided. Further, in case of more than two requests of adjournment by either parties, Consumer Commissions may, as a measure of deterrence, impose costs on parties,” Singh said in his letter.

The timeline for deciding consumer complaints

The Consumer Protection Act provides for the filing of consumer complaints under section 38(7) of the Act. As per the provisions of the law, every consumer complaint is required to be disposed of as early as possible and in any case, the forum should make every effort to decide the complaint within a period of 3 months from the date of receipt of notice by the opposite party.

This provision is applicable to those consumer cases where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities. The Act law also states that no adjournment shall ordinarily be granted by consumer commissions unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing. Under the law, the commissions are also empowered to impose cost on parties if they tend to delay the matter.

What is section 38(2) of the Consumer Protection Act?

Under section 38(2)(a) of the Consumer Protection Act, the commission sends a copy of the admitted complaint to the opposite party directing him to give his version of the case within a period of 30 days. In some special cases, the commission may grant an additional 15 days. Section 38(3)(b)(ii) of the Act provides that the commission may award an ex-parte decision, on the basis of evidence, if the opposite party fails to take any action or represent his case within the legally mandated timeline.