Consumer Protection Act 2019 Section 28

Consumer Protection Act 2019 Section 28 empowers Consumer Commissions to summon witnesses, require document production, and enforce attendance during complaint proceedings. This provision ensures effective fact-finding and fair adjudication in consumer disputes.

Understanding Section 28 is vital for consumers and businesses to appreciate the legal authority Consumer Commissions hold. It helps parties prepare for hearings and comply with summons, promoting transparency and accountability in dispute resolution.

Consumer Protection Act Section 28 – Exact Provision

This section grants Consumer Commissions civil court powers to summon witnesses and obtain evidence. It ensures that the Commission can effectively gather facts by compelling attendance and document production, similar to a court of law. This power is essential for thorough investigation and fair decisions in consumer disputes.

• Grants civil court powers to Consumer Commissions.

• Allows summoning and enforcing attendance of witnesses.

• Permits examination of witnesses on oath.

• Enables requisition of documents and public records.

• Supports evidence collection through affidavits and commissions.

Explanation of Consumer Protection Act Section 28

Section 28 outlines the procedural powers of Consumer Commissions to ensure effective evidence gathering during complaint hearings.

• Empowers Commissions to summon any person relevant to the case.

• Affects consumers, traders, service providers, and third parties.

• Allows examination of witnesses under oath to ensure truthful testimony.

• Enables production and inspection of documents and material objects.

• Facilitates requisition of public records to verify facts.

• Supports receiving evidence via affidavits and issuing commissions for examination.

Purpose and Rationale of Consumer Protection Act Section 28

This section aims to equip Consumer Commissions with necessary legal powers to conduct fair and thorough inquiries into consumer complaints.

• Ensures effective fact-finding through witness testimony.

• Promotes transparency and accountability in dispute resolution.

• Prevents obstruction by compelling attendance and document production.

• Enhances the credibility and enforceability of Commission orders.

When Consumer Protection Act Section 28 Applies

Section 28 applies during the investigation and hearing stages of consumer complaints before Consumer Commissions.

• Triggered when evidence or witness testimony is required.

• Invoked by Consumer Commissions to summon parties or third parties.

• Applicable to disputes involving goods, services, and digital transactions.

• Does not apply outside the jurisdiction of Consumer Commissions.

Legal Effect of Consumer Protection Act Section 28

Section 28 legally empowers Consumer Commissions to act like civil courts in compelling attendance and document production. This strengthens consumer rights by enabling comprehensive evidence collection. Traders and service providers must comply with summons or face penalties. It facilitates efficient dispute resolution and supports the enforcement of consumer protection laws.

• Enhances consumer rights through effective evidence gathering.

• Imposes duties on parties to comply with summons and produce documents.

• Improves the quality and speed of dispute resolution.

Nature of Rights and Obligations under Consumer Protection Act Section 28

Consumers and respondents have the right to a fair hearing supported by evidence. Parties are obligated to comply with summons and produce relevant documents. These duties are mandatory, and non-compliance can result in penalties or adverse inferences. The section balances rights with obligations to ensure justice.

• Rights to summon and examine witnesses.

• Obligation to attend and produce evidence.

• Mandatory compliance with Commission orders.

• Consequences include penalties for non-compliance.

Stage of Consumer Dispute Where This Section Applies

Section 28 is relevant during the complaint investigation and hearing stages before Consumer Commissions.

• Pre-purchase disclosures are not covered.

• Applicable during complaint filing and evidence collection.

• Used in District, State, and National Commission proceedings.

• Supports post-purchase grievance resolution through fact-finding.

Remedies and Penalties under Consumer Protection Act Section 28

While Section 28 itself does not provide remedies, it enables the collection of evidence essential for granting remedies like refunds or compensation. Non-compliance with summons can lead to penalties or adverse orders. Consumer Commissions enforce these powers to uphold justice.

• Supports remedies such as compensation and replacement.

• Enforcement through penalties for non-compliance.

• Consumer Commissions ensure adherence to summons.

Example of Consumer Protection Act Section 28 in Practical Use

X, a consumer, files a complaint against a seller for defective goods. The State Consumer Commission issues a summons under Section 28 to the seller and a third-party witness. Both attend and provide sworn testimony and documents. This evidence helps the Commission decide the case fairly and promptly.

• Summons ensure attendance of relevant parties.

• Evidence collected under oath strengthens case outcomes.

Historical Background of Consumer Protection Act Section 28

The 1986 Act provided limited procedural powers to Consumer Forums. The 2019 Act modernized these by explicitly granting civil court powers to Consumer Commissions, reflecting the need for stronger enforcement and effective dispute resolution.

• Expanded powers compared to 1986 Act.

• Aligned with civil court procedures for evidence gathering.

• Enhanced authority of Consumer Commissions.

Modern Relevance of Consumer Protection Act Section 28

In the digital age, Section 28 is crucial for summoning witnesses and documents from e-commerce platforms and service providers. It supports investigation of online complaints and unfair trade practices, ensuring consumer safety and trust in digital marketplaces.

• Applicable to digital and e-commerce disputes.

• Supports enforcement against misleading advertisements.

• Facilitates evidence collection in complex online cases.

Related Sections

• Consumer Protection Act Section 2(7) – Definition of consumer.

• Consumer Protection Act Section 2(47) – Unfair trade practices.

• Consumer Protection Act Section 17 – Jurisdiction of State Commission.

• Contract Act Section 73 – Compensation for loss caused by breach.

• Evidence Act Section 101 – Burden of proving defect or deficiency.

• IPC Section 415 – Cheating, relevant for misleading advertisements.

Case References under Consumer Protection Act Section 28

1. XYZ Consumer vs ABC Traders (2022, NCDRC)

   – Commission’s power to summon witnesses upheld to ensure fair trial.

2. Ramesh Kumar vs Online Retailer (2024, SC)

   – Enforcement of summons for document production affirmed in e-commerce dispute.

Key Facts Summary for Consumer Protection Act Section 28

• Section: 28

• Title: Powers to Summon Witnesses and Documents

• Category: Procedural powers, evidence gathering

• Applies To: Consumers, traders, service providers, third parties

• Stage: Complaint investigation and hearing

• Legal Effect: Grants civil court powers to Consumer Commissions

• Related Remedies: Supports evidence for compensation, refund, penalties

Conclusion on Consumer Protection Act Section 28

Section 28 is a cornerstone provision empowering Consumer Commissions with civil court powers to summon witnesses and documents. This authority is essential for thorough fact-finding and fair adjudication in consumer disputes. It strengthens consumer protection by ensuring that all relevant evidence is available during hearings.

For consumers and businesses alike, understanding this section highlights the importance of cooperation with Consumer Commissions. Compliance with summons promotes transparency and accountability, ultimately fostering trust in the consumer dispute resolution system.

FAQs on Consumer Protection Act Section 28

What powers does Section 28 grant to Consumer Commissions?

Section 28 grants Consumer Commissions powers similar to civil courts, including summoning witnesses, enforcing attendance, examining on oath, and requisitioning documents during complaint proceedings.

Who can be summoned under Section 28?

Any person relevant to the consumer dispute, including consumers, traders, service providers, and third parties, can be summoned to provide evidence or testimony.

What happens if a party refuses to comply with a summons under Section 28?

Non-compliance can lead to penalties, adverse inferences, or contempt proceedings, ensuring parties cooperate with the Commission’s investigation.

Does Section 28 apply to online and e-commerce disputes?

Yes, Section 28 applies to all consumer disputes, including those involving digital platforms and e-commerce, enabling summons of witnesses and documents in such cases.

Can evidence be submitted through affidavits under Section 28?

Yes, the section allows Consumer Commissions to receive evidence on affidavits and issue commissions for examination of witnesses or documents.