CPA 65 — Service of notice, etc

Consumer Protection Act, 2019

Statutory text

(1)  All  notices,  required  by  this  Act  to  be  served,  shall  be  served  by delivering  or  transmitting  a  copy  thereof  by  registered  post  acknowledgment  due  addressed  to  opposite party  against  whom  complaint  is  made  or  to  the  complainant  by  speed  post  or  by  such  courier  service, approved  by  the  District  Commission,  the  State  Commission  or  the  National  Commission,  as  the  case may be, or by any other mode of transmission of documents including electronic means.
(2) Without  prejudice  to  the  provisions  contained  in  sub-section (1), the  notice  required  by  this  Act may be  served  on an electronic service provider at the  address  provided by it on the electronic platform from  where  it  provides  its  services  as  such  and  for  this  purpose,  the  electronic  service  provider  shall designate a nodal officer to accept and process such notices.
(3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent  or,  as  the  case  may  be,  by  the  complainant  is  received  by  the  District  Commission,  the  State
Commission  or  the  National  Commission,  as  the  case  may  be, or  postal  article  containing  the  notice  is received  back  by  such  District  Commission,  State  Commission  or  the  National  Commission,  with  an endorsement  purporting  to  have  been  made  by  a  postal  employee  or  by  any  person  authorised  by  the courier  service  to the  effect  that  the  opposite  party  or  his  agent  or  complainant  had  refused  to  take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified  in  sub-section  (1)  when  tendered  or  transmitted  to  him, the  District  Commission  or  the  State

Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be:
Provided  that  where  the  notice  was  properly addressed,  pre-paid  and  duly  sent  by  registered  post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District  Commission,  the  State  Commission  or  the  National  Commission,  as  the  case  may  be,  within thirty days from the date of issue of notice.
(4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be  deemed  to  be  sufficiently  served,  if  addressed  in  the  case  of  the  opposite  party,  to  the  place  where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides.

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