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Haajra (student)     22 March 2014

Application of cpc on proceedings of consumer corts

Whether Ss. 10 and 11 of CPC providing for Res Sub Judice and Res Judicata are applicable on proceedings and orders of State and National Consumer Dispute Redressal Commission?



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 2 Replies

Dr J C Vashista (Advocate)     22 March 2014

Of course it is applicable since there is no specific provision in the Consumer Protection Act.

T. Kalaiselvan, Advocate (Advocate)     25 March 2014

The provisions of the Consumer Protection Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. As per section 13(2)(4) of the said act,  For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908.

Further as per section 13(2)(5), (6) & (7) which are reproduced below, the consumer forum is fully equipped with the same powers as of the regular courts:

(5)  Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

(6)  Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-section (1) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.

(7)  In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be. 

 

 


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