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Q.

What are the steps of complaint procedure or how a complaint is


dispose under the consumer rights protection Act, 2009?
Introduction: Complaint procedure according to relevant sections of the
consumer rights protection Act, 2009 has discussed below.
1. Complaint: Section 60 of the consumer rights protection Act, 2009
sates that complaint shall be lodged to the Director General or authorized
person of the department within 30 days of accrual of the cause of action.
2. Investigation: Investigation procedure has stated in section 23 of the
consumer rights protection Act, 2009. Here it is states thata. In case of investigation of an offence under this Act, the Director
General shall have same power as an officer-in-charge of a police station.
b. Government, by notification in the official gazette, for the purpose of
investigation of any offence under this Act may award any officer
subordinate to the Director General the power of an officer-in-charge of a
police station.
3. Search: Section 26 of the consumer rights protection Act, 2009 states
that in absence of anything contrary to this Act, provisions of the code of
criminal procedure shall be applicable to all search, investigation,
warrant, arrest and detention under this Act.
4. Warrant: Section 24 of the consumer rights protection Act, 2009 states
that
1. Where the Director General or any authorized officer by the
government for this purpose has reason to believe that:
a. A person has committed an offence under this Act, or
b. Any document, papers other materials necessary for proving the
commission of such offence is in some place or in the custody of a
person;
such officer shall record reasons of such belief and issue warrant for
arresting such person or for searching the place where the such article,
documents, papers or materials are kept there under.
2. In order to execute such warrant under the clause (1) the authorized
person shall have powers of an officer-in-charge of a police station.

5. Temporary closure of any shop, business centre etc for acts against
consumer rights: Section 27(1) of the consumer rights protection Act,
2009 states that if the director general or any authorized officer of the
department believes that any shop, business establishment, factory or
storehouse has any product inconsistent with consumer rights that are
being sold or produced or is being stored, then such person may give
instruction to close shop, business institution, factory or storehouse
temporarily.
6. Power to entry: Section 30 of the consumer rights protection Act,
2009 states that the director general or any authorized person, at all
reasonable time, shall have power to enter at any building or any place for
the following purposes:a. to perform the duties delegated to him under this ordinance or section.
b. to inspect the activities in compliance to him with the notice, order or
instruction given under the section or the ordinance.
c. to inspect and verify the records, register, documents or any other
important information regarding any product or service.
d. to conduct search in any building or place.
7. Collecting sample: Section 31 of the consumer rights protection Act,
2009 states that for the purpose of examination, the Director general or
any authorized person by him shall collect samples of any product or
ingredients used for making such product from any shop, storehouse,
factory, premises or places.
8. Charge sheet: Section 61 of the consumer rights protection Act, 2009
states that whatever provided in the limitation Act, the Magistrate will not
take cognizance of any offence if charge sheet is not submitted within 90
days of lodging complaint.
9. Trial: Section 57 of the consumer rights protection Act, 2009 states
that under this Act offences should be tried by the first class Magistrate or
by the metropolitan Magistrate.

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