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Adinath@Avinash Patil (advocate)     31 July 2009

procedure

is code of civil procedure applicable in consumer forum and debt recovery trabunal.



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 1 Replies

Kiran Kumar (Lawyer)     31 July 2009

S.12 of consumer protection act and Ss. 19 & 22 of the The Recovery of Debts Due to Banks and Financial Institutions, Act of 1993 provide for the procedure to be followed.

 

since both are to follow summary procedure as prescribed, where the act remains silent or where the act permits in that case only the provisions of CPC will apply.

 

one more thing what I believe is the strict principles of CPC will not apply, reason being the two bodies under the two enactments are not the regular courts.

 

for the purpose of act no doubt the proceedings have been judicial character so as to put an end to litigation.

 

but dont know whether these presiding officers can device their own procedure.

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