After removal of all office objections, the Complaint is listed for Admission. On the said date of hearing, the Consumer Court [District Forum / State Commission / National Commission], after hearing the Complainant, if it is prima facie satisfied with their case, they would issue Notice upon the opposite parties directing them to file their Reply, within a period of thirty days. If Reply is not filed within 30 days, additional 15 days may be granted by the Court. If the Reply is not filed in the extended period of 15 days, the Consumer Court would be empowered to proceed in the case ex-parte. [Section 13]
Alleged defect in the goods requiring proper analysis by Lab: Where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the Consumer Court would call upon the Complainant to furnish sample of the goods alongwith certain fee for such analysis. The said sample would be duly sealed and authenticated in the manner prescribed and would be forwarded to the appropriate laboratory. The said Lab is obliged to give its Report / findings to the concerned Consumer Court within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the Consumer Court.
On receipt of the report from the appropriate laboratory, the Consumer Court would forward a copy of the report along with such remarks as the Court may feel appropriate, to the opposite party and to the Complainant.
If any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the Consumer Court would require the opposite party or the complainant to submit in writing their objections in that behalf; and thereafter the Consumer Court would hear both the parties on this aspect and would pass appropriate Order as contemplated u/s 14.
Interim Reliefs: Section 13(3B) / [38(8) of the new Act] empowers the Consumer Courts to grant interim Reliefs till the hearing and final disposal of the dispute. Regulation 17 state that any ex-parte interim order issued by the Consumer Court shall stand vacated after 45 days if in the meanwhile the objections to the interim order are not heard and disposed of.
Ex parte Orders: In case if the opposite parties have failed to file their Reply, the District Forum would decide the dispute ex parte, but on the basis of evidence placed on record by the complainant.
Failure of Complainant to appear on the date of hearing: Where the complainant fails to appear on the date of hearing, the Consumer Court may either dismiss the complaint for default or decide it on merits.
