Section 65 CPA: Service of notice, etc

Section 65 of Consumer Protection Act: Service of notice, etc

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means.

(2) Without prejudice to the provisions contained in sub-section (1), the notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices.

(3) When an acknowledgement or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be:

Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.

(4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides.

Legal Commentary & Landmark Judgments: Section 65

Section 65 establishes modern, multi-modal statutory mechanisms for the service of notices, summons, and orders under the Act, embracing registered post, speed post, courier, and electronic modes with statutory presumptions of service.

Multi-Modal Service Options: Authorizes service by registered post acknowledgment due, speed post, recognized courier, or electronic means including email and digital messaging.
Statutory Presumption of Deemed Service: Provides that where an envelope containing the notice is properly addressed, prepaid, and dispatched, an endorsement of refusal, non-acceptance, or postal delivery creates a statutory presumption of valid service.
Rebuttal of Electronic Service: Digital transmissions sent to verified email addresses or mobile numbers on record are deemed served upon proof of electronic delivery log generation.

Key Landmark Precedents:

Har Charan Singh v. Shiv Rani (1981) 2 SCC 535: The Supreme Court held that where a registered notice is returned with an endorsement of 'refusal', the statutory presumption of valid service under Section 27 of the General Clauses Act arises, shifting the burden on the addressee to disprove it.
K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510: A 3-Judge Bench held that once notice is dispatched by registered post to the correct address, the sender has performed their statutory duty; evasion of service or return as unclaimed does not defeat valid service.

Courtroom Practice & Strategic Litigation Guidance:

When seeking an ex parte order against a defaulting opposite party, place on record the postal tracking report showing 'Item Delivered' or 'Refused' together with an affidavit under Section 65. If defending, challenge service by proving change of corporate address or registry dispatch to an erroneous email ID.

Section 65: Service of notice, etc

Section 65 of Consumer Protection Act: Service of notice, etc

Legal Commentary & Landmark Judgments: Section 65