Author­ity to Trans­fer

Consumer Voice - - Transferring Cases -

It is per­ti­nent to note that power to trans­fer a case from one fo­rum to an­other vests with the State Com­mis­sion as per Sec­tion 17 (A) of Con­sumer Pro­tec­tion Act, and the State Com­mis­sion has the dis­cre­tion to do so or re­ject depend­ing upon the facts and cir­cum­stances. State Com­mis­sion may take such ac­tion ei­ther on the ap­pli­ca­tion by com­plainant or on its own. If the mat­ter is about trans­fer­ring the case from one State Com­mis­sion to an­other, then the de­ci­sion can only be made by the Na­tional Com­mis­sion un­der Sec­tion 22 (B) of the Act. No con­sumer fo­rum can trans­fer a case to an­other fo­rum ei­ther on com­plainant’s re­quest or on its own. Com­plainant has to ap­ply to State Com­mis­sion for trans­fer­ring his com­plaint by giv­ing rea­son, and the State Com­mis­sion has the dis­cre­tion to con­sider or re­ject the re­quest.

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