Consumer Protection Act, 1986 · Chapter III: Consumer Disputes Redressal Agencies
Section 12: Manner in which complaint shall be made
The Consumer Protection Act, 1986 was repealed and replaced by the Consumer Protection Act, 2019 from 20 July 2020. It still applies to matters and proceedings from before that date, as the repealing law provides.
(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by—
(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.
(2) Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed.
(3) On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected:
Provided that a complaint shall not be rejected under this sub-section unless an opportunity of being heard has been given to the complainant:
Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.
(4) Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act:
Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.
Explanation.—For the purposes of this section, “recognised consumer association” means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.]
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 12
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Indore Development Authority v. Dr. Hemant Mandovra
An allotment of land to the Respondent was canceled by the Appellant for not paying the full amount as per the scheme. In a writ petition filed by the Respondent, High Court directed the respondent to pay the balance…
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Jyoti Devi v. Suket Hospital & Ors.
Post surgery of appendicitis at respondent hospital, the claimant-appellant suffered continuous pains near the surgical site. Eventually upon investigation, it was found that a 2.5 cm needle was present in the abdomen…
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Najrul Seikh v. Dr. Sumit Banerjee & Anr.
Whether the State Commission and the National Commission were justified in exonerating the respondents-doctors of all the charges of misconduct/medical negligence in performing the cataract surgery of complainant’s son…
- Manish Kumar v. Union of India and Another
- M/S. Magma Fincorp Ltd. v. Rajesh Kumar Tiwari
- Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. v. Dlf Southern Homes Pvt Ltd. (Now Known As Begur Omr Homes Pvt. Ltd.) and Ors.
- Subhechha Welfare Society v. M/S. Earth Infrastructure Pvt. Ltd.
- Bikram Chatterji & Ors v. Union of India & Ors.
- R V Prasannakumaar & Ors. v. Mantri Castles Pvt. Ltd & Anr.
- Om Prakash v. Reliance General Insurance and Anr.
- Dr. Balram Prasad v. Dr. Kunal Saha & Ors.
- Virender Jain v. Alaknanda Cooperative Group Housing Society Limited and Others
- Trans Mediterranean Airways v. M/S Universal Exports & Anr.
- Mrs. Rubi (Chandra) Dutta v. M/S. United India Insurance Co. Ltd.
- Chandigarh Housing Board v. Avtar Singh and Others
- Madan Kumar Singh (D) Thr. Lrs. v. Distt. Magistrate, Sultanpur & Ors.
- Haryana Urban Development Authority and Anr. v. Satish Hans
- Anirudh Aggarwal v. Dharam Bir Bhatia
- New India Assurance Co. Ltd. v. Prabhu Lal
- M/S. United India Insurance Co. Ltd. v. Davinder Singh
- Life Insurance Corporation of India v. Mani Ram
- Huda and Anr. v. Babeswar Kanhar and Anr.
- United India Insurance Co. Ltd. v. M/S. Pushpalya Printers