INTERNSHIP REPORT

NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION

Internship period: 15 june,2018 – 29 june, 2018

Ujjval Gupta

B.A.LL.B.(Hons.)

Faculty of Law

Banaras Hindu University

Varanasi

Contact No. 8400035377

E mail- [email protected]

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 ACKNOWLEDGEMENT
This internship was the one of the most optimal internship of my
career. It could not be possible without the help and support of various
erudite staffs of the commission.

From the every section of the commission ( 1st appeal, RP, CC) I learnt
myriad of pivotal things which would gargantuanly help me in my
career. I am highly obliged for that.

Without any supervision any internship is insurmountable. I would like

to thank Manvi ma’am. Her consummate supervision with impeccable
perspicacity is the fulcrum of all of my learnings which I meticulously
accomplished at the commission. I am highly obliged to her.

Lastly I am very thankful to all of my colleagues/co-interns with whom I

spent my time during internship as they made easy by accompanying
me to acquire knowledge through heuristics. I am very thankful to
everyone with whom I spent my time during internship, it just made my
internship more spectacular and memorable.

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 INDEX

1. Library section 4-5

2. Filing section 6-9

3. Revision Petition section 10-11

4. Consumer Complaint section 12-13

5. First Appeal section 14-16

6. Court Proceedings 17-18

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 LIBRARY SECTION

On the very first day I was asked to go in library and to study the
“Consumer Protection Act, 1986”. After sitting there I gone through the
consumer protection act, 1986 and noted down the important
provisions of the act.

At the time of going through the act I come to know about various
important acts and provisions like

Under the sec 2 of Consumer Protection Act there are various

definitions like who is consumer, what is unfair trade, deficiency in
service etc?

Under the sec 9 there is the provision of establishment of consumer

dispute redressal agencies.

Section 10,16 and 20 talks about the composition of district, state and
national forum accordingly.

Section 15,19 and 23 deals with provision of appeals at state

commission, national commission and supreme court accordingly.

The limitation period for filing a revision petition i.e. 90 days, section in
which it is given i.e. sec.21(b) and the only power of National Consumer
Disputes Redressal Commission to decide over the revision petition, the
review application and section pertains to it i.e. sec.22(2).

I come to know about the composition of selection committee which

make recommendation about the appointment of the presiding
member and other members of the consumer dispute redressal
agencies to the state and central government. I also to get to know
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about the limitation period for filing a consumer complaint i.e. 2 years
from the date of cause of action arise, which is given under sec.24(A).
one thing which I found was very unique at the time of reading the act
was that the cost for making a frivolous or vexatious complaint is also
prescribed under section 26 of this act. But at the same time the
important thing which is lack under the consumer protection act is the
power of contempt of court, which is very much necessary for any act
for not be misused by anyone.

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 FILING SECTION
In filing section I came to know about the procedure in which a
complaint is filed under the Consumer protection act, 1986, which
includes all the necessary documents and particulars required while
filing under different sections such as consumer complaint, first appeal,
revision petition, etc. which are mentioned below:

CONSUMER COMPLAINT (CC) :

Consumer complaint as provided under section 21(a)(i) of the

Consumer Protection Act, 1986, where the value of the goods or
services and compensation, if any, claimed exceeds rupees one crore is
to be filed in with the Registry of this commission within a period of
two years from the date on which the cause of action has arisen.
Complaint can be filed on all working days (Monday to Friday) between
10:00 A.M. to 4:30 P.M. at ‘Upbhokta nyay Bhawan’ (National
Consumer Dispute Redressal Commission) New Delhi- 110023.
Consumer complaint should be signed by the complainant and
supported by the notarised attested affidavit with 1+3sets+ Number of
opposite parties( with file cover). The consumer complaint along with
all the copies should be paginated and duly indexed in the following
seriatim:

1. Index

2. List of dates

3. Memo of Parties (with fresh complete address and telephone no.)

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4. Complaint with notarised attested affidavit

5. Supporting documents in favour of complaint e.g. receipt, voucher

etc. (All the annexures must be attested as true copy on the last page
with name & signature)

6. Application for condonation of delay with notarised attested

affidavit, if beyond limitation (2 years from cause of action)

7. Fee for Rs.5000/- for making consumer complaint (Demand draft in

favour of “The Registrar, NCDRC, New Delhi”)

FIRST APPEAL (FA) :

First appeal as provided under section 19 of the Consumer Protection

Act, 1986- Any person aggrieved by an order made by the state
commission in exercise of powers conferred by sub-clause (i) of clause
(a) of section 17 may prefer an appeal against such order before this
commission within a period of 30 days from the receipt of the order on
all working days (Monday to Friday) between 10:00A.M. to 4:30 P.M. at
ground floor “Upbhokta Nyay Bhawan” (National Consumer Dispute
Redressal Commission), New Delhi-110023. First appeal must be
supported by a notarised attested affidavit with 1+3sets+Number of
opposite parties (with file cover). The first appeal along with all the
copies should be paginated and duly indexed in the following seriatim-

1. Index

2. List of dates

3. Memo of parties (with fresh complete address and telephone no.)

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4. Appeal with notarised attested affidavit

5. Stay application or any other application if any with notarised

attested affidavit

6. Application for condonation of delay with notarised attested

affidavit, if beyond limitation (within 30 days of receipt of order)

7. Certified copy of order of state commission.

8. Copy of complaint, Pleadings, Evidence, Reply & Rejoinder filed in

state commission and other documents relied on by both parties (All
the annexure must be attested as true copy on the last page with name
& signature)

9. Statuary deposit as per section 19 of the Consumer Protection

Act,1986 in the form of Demand Draft( In favour of “The Registrar,
NCDRC, New Delhi)

REVISION PETITION (RP):

Revision Petition as provided under section 21(b)of the Consumer

Protection Act 1986 to call for the records and pass appropriate order
in any consumer dispute which is pending before or has been decided
by any State Commission can be filed within the registry of this
Commission within a period 90 days from the date of receipt of order
on all working days (Monday to Friday ) at Ground Floor ‘Upbhokta

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Nyay Bhawan’(National Consumer Dispute Redressal Commission ),
New Delhi -110023. Revision Petition should be signed by the complaint
and supported by a Notarised attested affidavit with 1+3 sets +Number
of opposite parties (with file cover). The Revision Petition along with all
copies should be paginated and duly indexed in following seriatim:-

1. Index

2. List of Dates

3. Memo of Parties (with fresh complete addresses &telephone no.)

4. Revision Petition with Notarised attested affidavit

5. Stay application, or any other application if any with Notarised

attested affidavit.

6. Application for condonation of delay with Notarised attested

affidavit, if beyond limitation.

7. Certified copy of order of State Commission.

8. Copy of Order of District Forum.

9. Copy of complaint, Reply& Rejoinder filed before District Forum as

well as copy of evidence if recorded and other documents relied on by
both parties.

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 Revision Petition
National Insurance Co. Ltd. Petitioner

Vs.

Richardson and Crudas Co. Ltd. Respondent

Briefings- .

 The respondent approached petitioner for grant a insurance

coverage, covering the risk in erection of 400 KV transmission line
from Durgapur to Jamshedpur at 1991.
 Complainant lodged a claim with the insurance company alleging
that its noticed that some miscreants cut and taken away the
conductors and other things from the strung line .
 Insurance company organized a survey by Commercial
Investigation Bureau, to conduct a survey and submit the report
of complainant place.
 Final survey dated on 12/09/1995 reported that although there
was a net loss of Rs 600,000 but also there was cessation of work
either total or partial, which is one of the general exclusion
under the insurance policy.
 The complainant filed a petition before the district commission
for the compensation, after hearing the case district court
complainant to seek the compensation of Rs 600,000 from the
insurance company.

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  The petitioner filed an appeal at state commission against the
order of district commission. State commission dismissed the
petition.
 Petitioner filed revision petition before this commission.
 NCDRC after hearing the revision petition, didn’t find anything
wrong in the order of district commission, and dismissed the
revision petition.
 Insurance would had to pay 600,000 with 9 percent interest per
annum along with 100,000 litigation charges to complainant.

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 Consumer Complain Section

Gopal Krishna Complainant

Vs

Dr. Minal & Anr. Respondent

Briefings-

 Complainant visited OP2, hospital for medical treatment relating

prostrate inflammation. He was referred to OP1 i.e. doctor.
 OP1 induced the complainant to go for Bladder Neck Incision (BNI)
surgery. The cost was told by OP1 to complainant 20000 for the
surgery.
 Complainant got admitted in OP2 but after the surgery,
complainant was asked to pay 36,765.
 The possible side effects, adverse effects etc of the surgery were
not informed by the Ops even after the repeated enquiry.
 Due to operation which was conducted by Ops, the complainant
succumbed to the side effect of it i.e. Restrogade Ejaculation.
 So, the complainant filed a complain before this commission
seeking compensation of Rs. 1 cr. 50 lakh for causing permanent
physical damage from the respondent.
 Also to pay 20 lakh compensation for his mental agony.

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  Also to pay 10 lakh for mental agony of his parents and 2 lakh for
mental agony of wife.
 The case is pending before the commission.

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 First Appeal Section
BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTE
REDRESSAL COMMISSION, NEW DELHI

FIRST APPEAL NO. 1740 OF 2017

In the matter of:

Dr. Manish Kumar Malviya ……… Appellant

Versus

Omaxe Ltd. ……… Respondent

Appeal under section 19 of the Consumer Protection Act, 1986 for

restoration of consumer complaint bearing no. C-1488/2016 filed
before the Hon’ble State Commission, New Delhi.

Brief of the case:

 The Appellant has instituted the said complaint on account of the

fact that the aforesaid Respondent had defrauded and cheated
the Appellant, besides having indulged in deficiency in services
and unfair trade practices.

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  The Appellant had devoted his hard earned money in the “omaxe
spa village” for initially purchasing a four BHK apartment , but
later was compelled to switch to a three BHK apartment the
buyers agreement stated that the project shall be completed
within thirty months and for which the whole consideration duly
paid by the Appellant , but possession of flat by handed over to
the Appellant after a delay of three and half years from date as
agreed under the buyers agreement along with various short
comings, for which several emails were issued by the Appellant to
the Respondent but no heed was given to these emails send by
the Appellant .
 However at the first instance, the complaint filed by the Appellant
before the Hon’ble state commission was dismissed for non-
appearance. After which the first appeal was file before the
Hon’ble national commission, which remanded the matter back to
the state commission, Delhi to be adjudicate on merits subject to
cost of 10,000 rupee.
 The counsel for the Appellant appeared before the state
commission, but on account of oversight could not locate the
matter in cause list, latter on he was instructed to obtain the
certified copy of the order dated 03-05-2017 of the Hon’ble
national commission. However on further enquiries, the Registry
inform the council further appellant that the file was not
traceable in their records.
 The council for the appellant filled and application seeking
appropriate action before state commission, on record certified
copy of order 03-05-2017 passed by national commission and was
given the date of 14-08-2017.

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  On appearing at the given date the counsel for the Appellant
found out that the matter had not been listed before any bench
and later on he was apprised that the case has been dismissed for
non-prosecution vide ordered dated 09-08-2017.

Hence the present appeal.

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 Court Proceedings
Court Room 1-
Bench was headed by Hon’ble Justice V. K. Jain

1. In this proceeding the Ld. Counsel from the side of appellant was
Mr. Rakesh, Ld. Counsel from the side of respondent was Mr.
Swadesh, who was presented in court on the behalf of original
counsel of the respondent. So, as the original counsel was out of
station, on the request of Mr. Swadesh court adjourned the the
case for the date 11 December 2018, for final hearing.
2. In this case appellant was the builder and counsel from the side of
appellant was Mr. Ankit. Counsel from the side of respondent (I.e.
original complainant) claimed that there are many issues in the
apartment which was provided by the respondent to the
complainant. Court after hearing found that various issues have
already been rectified but still there were some issues which were
not rectified. So court gave the order to appellant to rectify these
issues, if possible, with the help of various concerned authorities.
So the court adjourned the case for the 12th of December for the
next hearing.
3. in this case complainant came over for the hearing at NCDRC from
Mumbai. Appellant did not appear, also it was found that same
happened during the last hearing. So the case is adjourned with
5000 inconvenient cost from the side of appellant which would be
paid to complainant by the appellant.
4. In this case the interest was levied upon the builder on the
deposited amount from the date as per the agreement on which
he was supposed to hand over the possession to the buyer to the
date on which he was issued the completion certificate from the

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 concerned authority. As all the instalments were paid timely but
still the builder was not able to hand over the possession to the
buyer as per the agreed date.
5. In this case, an agreement to deliver the possession of flat within
30 months was signed in 2009 ,which was breached, therefore the
complainant has soght for the refund with an additional interest
of 12%.The respondent in its rejoinder has questioned the
quantification of damages and raised a question whether the
complaint can be filed against the power of attorney. The court
has ordered to pay the interest at 9% per annum on the sum
deposited by the complainant from the date of end of agreement.

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AT LAST I WOULD LIKE TO THANKS EVERYONE WHO HELPS ME DURING THIS
INTERNSHIP PERIOD AND MAKE THIS INTERNSHIP MEMORABLE FOR ME.

UJJVAL GUPTA

B.A.LL.B.(Hons.)

BANARAS HINDU UNIVERSITY

VARANASI

CONTACT No. : 8400035377, 8318278775

EMAIL ID: [email protected]

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