Section 36 of CPA : Section 36: Proceedings Before District Commission

Explanation using Example

Imagine that Mr. Sharma purchases a refrigerator from a local electronics store. After two months, the refrigerator stops working. Despite multiple complaints, the store and the manufacturer fail to address the issue. Mr. Sharma decides to file a complaint with the District Consumer Commission.

As per Section 36(1) of the Consumer Protection Act, 2019, the case is to be heard by the President of the District Commission and at least one member. The proceedings begin, but during the process, one member falls ill and is unable to continue. Following the provision, the President and the remaining member proceed with the case from where it was left off by the absent member.

According to Section 36(2), the District Commission must decide whether to admit Mr. Sharma's complaint for proceedings or to reject it. Before making this decision, they must give Mr. Sharma an opportunity to be heard. The Act requires that this decision should be made within twenty-one days of the complaint being filed.

In Mr. Sharma's case, if the District Commission does not decide on the admissibility of his complaint within twenty-one days as mandated by Section 36(3), then his complaint will automatically be deemed admitted, and the proceedings will continue accordingly.