Contributed by Deepak Miglani Advocate
Filing of case in civil court takes a long time and a lot of money. The Consumer Protection Act, 1986 has been enacted to provide for better protection of the interests of the consumers. It provides the speedy mechanism to redress the grievance of consumer. Some time people file the false complaint before the forum against the company.
To save the company from false and frivolous complaint , Section 26 has been inserted in The Consumer Protection Act,1986 in 1993. This section says , " Where a complaint instituted before District Forum, the State Commission or , as the case may be, the National Commission is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order."
Where the complaint is mala fide, vexatious and frivolous and the opposite party has to incur expenses or contesting the complaint, the Redressal Forum should saddle the complainant with cost. Where the issue involved is a legal issue, the complaint can not be said to be frivolous.
For any query:- deepakmiglani@hotmail.com
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