AI Overview...
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Local Inspection - Under the Consumer Protection Act, 1986 and 2019, the consumer forums generally do not have the authority to order local inspections or appoint local commissioners for investigation purposes. This is evident from multiple judgments where such powers are either limited or explicitly denied Sivashakthi Builders VS A. P. State Consumer Disputes Reddressal Commission, Hyderabad - Andhra Pradesh, Aarush Kitchen & Bedrooms VS Pratap R. Sawant - Consumer.
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Power to Appoint Local Commissioner - The appointment of local commissioners or experts for inspection under Sections 13(4) of the Consumer Protection Act, 1986, is not within the consumer forums' jurisdiction. These powers are typically reserved for civil courts or specialized authorities, and consumer forums are considered limited in this regard Sivashakthi Builders VS A. P. State Consumer Disputes Reddressal Commission, Hyderabad - Andhra Pradesh, Aarush Kitchen & Bedrooms VS Pratap R. Sawant - Consumer.
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Specific Case Insights - Several cases highlight that consumer forums cannot mandate local inspections or investigations as part of their adjudicatory process. For example, in a case involving defective tiles, the court observed that the complaint was not maintainable because the forum lacked the authority to conduct local inspections H & R Johnson (India) Ltd. VS Lourdes Society Snehanjali Girls Hostel - Consumer.
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Exception and Clarifications - While expert reports or inspections can sometimes be considered, they are generally conducted in specific circumstances, such as with the consent of parties or under judicial orders, but not as a routine power of consumer forums Aarush Kitchen & Bedrooms VS Pratap R. Sawant - Consumer.
Analysis and Conclusion:
The prevailing legal position, supported by case law, confirms that local inspections or investigations cannot be ordered directly by consumer forums under the Consumer Protection Act, 1986 or 2019. This limitation ensures that consumer forums function within their defined scope, and such investigative powers are reserved for civil courts or specialized authorities. Therefore, initiating local inspections as a routine part of consumer complaints is generally not permissible Sivashakthi Builders VS A. P. State Consumer Disputes Reddressal Commission, Hyderabad - Andhra Pradesh, Aarush Kitchen & Bedrooms VS Pratap R. Sawant - Consumer.
References:
- Sivashakthi Builders VS A. P. State Consumer Disputes Reddressal Commission, Hyderabad - Andhra Pradesh
- Aarush Kitchen & Bedrooms VS Pratap R. Sawant - Consumer
Search Results for "Local Inspection Cannot be Ordered under Consumer Protection Act"
2021 Supreme(Online)(NCDRC) 544 • India - National Consumer Disputes Redressal Commission
DINESH SINGH, PM, JUSTICE KARUNA NAND BAJPAYEE, M
Consumer Protection Act, 2019 in challenge to the Order dated 15.04.2021 of The State Consumer Disputes Redressal Commission, Punjab in Appeal No. 235 of 2019 arising out of the Order dated 11.03.2019 of The District Consumer Disputes Redressal Commission, Fatehgarh Sahib in Complaint ... For reasons recorded it has upheld that the complainant was a ‘consumer’ in accordance with the Explanation to Section 2 (1)(d)(i) of The Consumer Protection #HL_ST....
• India - Consumer
PREM NARAIN
Consumer Protection Act, 1986—Sections 17, 19 and 21—Marble—Supply of defective marble—Report of Local Commissioner appointed by ... report of Local Commissioner—Compensation of Rs.2,50,000/- ordered by State Commission is not justified in facts and circumstances ... roughly given reimbursement of 50% of price of marbles whereas marbles have already been used by complainant and difference in prices cannot ... During the pendency of the case, the State Commission appoi....
2009 0 Supreme(AP) 34 • India - Andhra Pradesh
V.ESWARAIAH, VILAS V.AFZULPURKAR
Consumer Protection Act, 1986—Section 13(4) r/w Order 26 Rule 9 of Civil Procedure Code, 1908—Power to appoint Advocate Commissioner ... as enumerated under clauses (i) to (vi) of Section 13(4) of Consumer Protection Act, 1986—Impugned orders set aside—Petition allowed ... to make local investigation is not available to Consumer Forum—Consumer Forum is treated as a Civil Court only for limited purpose ... Triveni Apartments Owners W....
• India - Consumer
DAMODAR THANVI, SARIA KHAN, S.K.M.LODHA
ELECTRICITY - METER - STOPPED - BILLING - AVERAGE CONSUMPTION - CONSUMER PROTECTION ACT, 1986 - SECTION 15 - APPEAL - METER NOT ... Fact of the Case: The complainant, a consumer of electricity, challenged the additional demand raised by the electricity ... Lodha, President ––– By the order dt : 16.6.90 the District Forum, Jaipur dismissed the complaint and the complainant-appellant has filed this appeal under Section 15 of the Consumer Protection Act, 1986 (“the #HL....
• India - Consumer
V.B.Gupta, Rekha Gupta
Consumer Protection Act, 1986—Sections 2(1)(d), 15, 17, 19 and 21—Tiles—Supply of defective tiles—Complaint allowed by Fora below—Nowhere ... as per definition in Consumer Protection Act, 1986—Complaint is not maintainable—Orders of Fora below set aside and complaint dismissed ... in complaint have number of cartoons or number of tiles purchased been mentioned—Report of Architect cannot be relied upon to prove ... With the regard to the plea of the petitioner that the....
2022 Supreme(Online)(NCDRC) 1203 • India - National Consumer Disputes Redressal Commission
MR. C. VISWANATH, CJ, MR. RAM SURAT RAM MAURYA, J
Section 2 (b) ii of the Consumer Protection Act. The Consumer Complaint, therefore, filed by the Association on behalf of its members is not maintainable. Hon’ble Supreme Court in Sobha Hibiscus Condominium vs.
• India - Consumer
C. VISWANATH, RAM SURAT RAM MAURYA
(A) Consumer Protection Act, 1986 – S. 21(a)(i) – [Consumer Protection Act, 2019 – S.58(1)(a)(i)] – Services ... (B) Consumer Protection Act, 1986 – S. 21(a)(i) – [Consumer Protection Act, 2019 – S.58(1)(a)(i)] – Services ... [Para 8] (C) Consumer Protection Act, 1986 – S. 21(a)(i) – [Consumer P....
• India - Consumer
PREM NARAIN
inspection by an expert or a local commissioner under section 13 of the Consumer Protection Act 1986. ... Consumer Protection Act, 1986—Section 13[Consumer Protection Act, 2019—Section 66]—Housing—Work contract ... inspection by an expert or a local commissioner under Section 13— Inspection by expert architect has been done in absence of a repr....
2017 0 Supreme(HP) 1098 • India - Himachal Pradesh
P.S.RANA, VIJAY PAL KHACHI, MEENA VERMA
Consumer Protection Act - Misleading Advertisement - Section 15, Consumer Protection Act 1986 - Summary: The court found that ... The court also highlighted the special provisions of the Consumer Protection Act and the precedence of special laws over general ... The court ordered the dealer to pay compensation and litigation costs to the complainant and to discontinue the unfair trade practice ... It is settled law....
• India - Consumer
JATIN P.VAIDYA, R.C.MANKAD
Consumer Protection Act, 1986 - Section 17 read with Section 12 Housing - Opponent No. 1 framed and organised housing scheme Flats ... within the meaning of consumer given under Section 2(l)(d) of the Act. ... inspection - Opponent No.1 accepted report of Commissioner with some modifications - Thirty-six complainants and opponents arrived ... )(d) of the Consumer Protection Act, 1986. ... They are, therefore, entitled to approach th....
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