Section 11(1) in Jammu and Kashmir Consumer Protection Act, 1987
(1)The [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall on receipt of a complaint, if it relates to any goods,(a)refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.];(b)where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.], the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);(c)where the complaint alleges a defect in the goods, which cannot be determined without proper analysis or test of the goods, the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or suffer from any other defect and to report its findings thereon to the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.];(d)before any sample of the goods is referred to any appropriate laboratory under clause (c), the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] may require the complainant to deposit to the credit of the Forum such fees as may be specified, for payment to the appropriate laboratory, for carrying out the necessary analysis or test in relation to the goods in question;(e)the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory, to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall forward a copy of the report along with such remarks as the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] may feel appropriate to the opposite party;(f)if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory;(g)the [District Forum] [Substituted for "Divisional Forum" by Act No. XXI of 2011, dated 21.04.2002, w.e.f. 08.12.2011.] shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 12.
