guest (advocate) 02 July 2008

Consumer Protection Act

Dear members, is there any provision or procedure to file a set a side exparte Award passed by the Member of District Consumer Forum, and whether a single member can pass the Award. please clarify.

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Shree. ( Advocate.) 02 July 2008

Where the appellant filed an appeal against an ex-parte decree passed against them on the ground that no service of summons was effected by the District Forum, it was held that the question whether service of summons was effected or not is a question of fact to be determined by the Forum which passed the decree after recording evidence. The appeal is not the proper remedy in such cases and it is incumbent upon the appellant to file an application before the District Forum to set aside the ex-parte decree. Citi Bank Vs. Raman Sharma & Anr. -1992(2) CPR 59 (SCRDC – Del) .

The question whether a complainant is a consumer of the bank has to be determined first before granting any relief and the facts of the case where the second complainant merely handed over documents of title to the bank with a view to stand as surety for the 1st complainant, and has not availed / hired any service of the bank, he was held not to be a consumer of the bank. The order of the State Commission directing the bank to pay compensation for retaining the documents was set aside and the order of the District Forum dismissing the complaint was restored. Bank of India v. Vidarbha Conductors Pvt., Ltd., & Anr. 1997 (1) CPR 93 (NC)