Section 65 of CPA : Section 65: Service Of Notice, Etc

Explanation using Example

Imagine you purchased a new smartphone from an online marketplace, but upon delivery, you find that the smartphone is defective. You decide to file a complaint against the online marketplace with the State Consumer Commission. To proceed with your complaint, the Commission needs to serve a notice to the online marketplace, informing them of your complaint and the need for their response.

In accordance with Section 65 of the Consumer Protection Act, 2019, the Commission sends the notice to the online marketplace via speed post and also electronically, since the marketplace operates primarily online. The notice is sent to the address provided on the website and to the designated nodal officer responsible for handling such matters.

After a few days, the Commission receives an acknowledgment signed by the nodal officer, confirming that the notice has been received by the online marketplace. This acknowledgment serves as proof that the notice has been duly served, and the Commission can now proceed with the complaint process.

If, however, the online marketplace had refused to accept the notice, the postal service would return the mail to the Commission with an endorsement indicating the refusal. In such a case, the Commission would still consider the notice as having been properly served, as long as the original notice was correctly addressed and sent by registered post with acknowledgment due.