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vijay kumar (Tutor)     12 January 2023

Service center permanently closed.

I had flied a complaint in consumer forum. It was reserved for order but has ben relisted for fresh hearing because of retirement of members and chairman during corona.

There were three opposite party, seller, manufacture and service center out of which service center never represented itself in the forum even after receiving the notice as was debarred and matter was reserved for order.

After corona pandemic case was relisted for fresh hearing.

Again service center did not come.

Manufacture and seller had put responsibility on the service center.

Forum is in the view that service center should again be given opportunity and should be heard again.

New bench passed an order stating resend notice to service center who never represented in the forum.

Now problem is that it has been a few years since I filed the case and service center has been permanently closed for few years now.

What to do in this regard. 

Learned members please guide.



Learning

 6 Replies

Dr J C Vashista (Advocate)     13 January 2023

If the consumer commission (fora) want and ordered to re-serve the service centre, it would be appropriate to get it served, it would be in your favour.

vijay kumar (Tutor)     13 January 2023

@Dr J C Vashista

Thank you for reply sir,

I am ready to send the notice. Problem is that brand/manufarer has closed the concerned service center.

Dr J C Vashista (Advocate)     14 January 2023

@ Vijay Kumar,

It is the concerned Consumer Commission to send notice to opposite party / parties wherein you need not do anything 

Academic query should be sorted by your professor(s) / coach / tutor as this platform is meant for helping obliging actual needy litigants and not student(s).

vijay kumar (Tutor)     14 January 2023

Dr J C Vashista 

Sir thank you for reply. I have mentioned ealier, I am the complainant in the case. 
I am asking here because forum has asked me to resend notice.
I would also like to inform that when I filed the case I was asked to send the notice/bear the cost of notice.

This is not an academic query. Further none of the question asked by me in this fourm is an academic query.
If you want I can give the case number and name of district forum where case is pending.
If you have any coullege you can ask them to check daily order sheet and verify what I am telling is correct or not.
​​​​​​​Thank you again.
 

Dr J C Vashista (Advocate)     15 January 2023

Dear Mr. Vijay Kumar,

I have mentioned regarding your question as "academic" since you have posted your query as a "student" which has now been changed to "Tutor" in your profile. However, I have no doubt about correctness of your statement vis-a-vis query.

However, Section 28A of Consumer Protection Act, 1986 applies to service of notice on opposite party which reads as:

"Section 28A in the Consumer Protection Act, 1986

28A. Service of notice, etc.

(1) All notices, required by this Act to be served, shall be served in the manner hereinafter mentioned in sub-section (2).

(2) The service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the District Forum, the State Commission or the National Commission, as the case may be, or by any other means of transmission of documents (including FAX message).

(3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the District Forum, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Forum, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (2) when tendered or transmitted to him, the District Forum or the State Commission or the National Commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant: Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the District Forum, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.

(4) All notices required to be served on an opposite party or to complainant shall be deemed to be sufficiently served, if addressed in the case of the opposite party to the place where business or profession is carried and in case of complainant, the place where such person actually and voluntarily resides.]

 

However, the CPA 1986 stand modified as CPA 2019

 

Section 65: Service of Notice, etc.

*65. (1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means.

(2) Without prejudice to the provisions contained in sub-section (1), the notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices.

(3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be:

Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.

(4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides.

vijay kumar (Tutor)     15 January 2023

@Dr J C Vashista

Yes sir when I created the account this site I was a student.
Now I am teacher. I teach high school students.
I have updated the profile which was not for a few years.

Thank you for reply sir,.


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