Remedy against the refusal to accept the summons

Ziaur Rahman (Querist) 29 November 2023 This query is : Resolved
What's remedy if the opposite party in a consumer protection act case refused to accept the application and summons issued by registered post by the consumer forum? The forum insists for its service upon the opposite parties to proceed further instead of going ex-parte.

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If the opposing party in a consumer protection case refuses to accept a summons sent by registered post, it is generally considered sufficient service. The consumer forum can then proceed with the case ex-parte, meaning they can make a decision without the other party present. However, the forum may, at its discretion, order fresh summons to be served to ensure fairness.

S.JEEVAGAN, Madurai. (Expert) 30 November 2023
Once the summons or notice sent by the registered post is returned to the sender with a postal endorsement "refused", it amounts to sufficient service of the summons/ notice on the addressee/ opposite party.

The court / consumer disputes redressal forum can, therefore, allow the applicant/ complainant to prove his case by setting the opposite party ex-parte.

However, it is open to the court to direct fresh summons/ notice to be served on the respondents/ opposite party to meet the ends of justice.

kavksatyanarayana (Expert) 30 November 2023
Very well advised by the above expert Sri S.Jeevagan Sir.

T. Kalaiselvan, Advocate (Expert) 01 December 2023
Refused to accept the summons would be deemed to be a sufficient service.
The court may be insisted to pass an exparte order

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