(1) Notice of the complaint shall be served on the respondents by email wherever the email id of the respondent(s) is available to the complainant or the Authority; and otherwise by registered post, or speed post, or by reputed courier.
(2) The notice should contain copies of the complaint and its supporting documents.
3) In the notice the respondents should be asked to submit their reply within 15 days of its receipt, with a copy to be sent to the complainant through registered post, Speed Post, or a reputed courier.
Provided that the Authority may prescribe a lesser period for reply by the respondents if the circumstances of a case so warrant.
(4) The notice should also mention the date, subsequent to the date fixed for submission of reply, when the matter would be taken up for further consideration.
() A presumption of due service of notice to the respondents through post or courier can be raised 30 days after its dispatch.
Procedure after issue of notice:- (€)] Once the reply to a complaint has been received, the procedure prescribed in Rule 36 and 370f the Rules shall be followed. The specific steps will be as follows:
(a) The respondent shall submit his reply within the time frame mentioned in the notice, and attach copies of relevant documents in support of his case.
(b) On the date specified under Regulation 9(4) above, or a subsequent date to which the proceedings are adjourned, the contraventions alleged in the complaint will be explained to the respondent who will also be asked whether he pleads guilty or not to these allegations. If the response is of not being guilty, he shall be asked for an explanation. The Member or Adjudicating Officer may then seek the production of further documents, if considered necessary.
(¢) The interim order to be recorded by the Member or Adjudicating Officer a shall reflect the events noted in para (b) above, including the respondent's stand on whether he accepts the alleged contraventions or pleads not guilty.
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(d) If the respondent pleads guilty, the Authority shall record the plea, and pass appropriate orders in accordance with the provisions of the Act.
(e) If the respondent pleads not guilty, the Authority shall consider his explanation and decide if there is need for further hearing. In such an eventuality, the Authority will consider the evidence/documents submitted by the parties, and proceed to decide the issues raised before it.
2) Every complaint shall be heard as expeditiously as possible.
Provided that no adjournment shall be ordinarily granted by the Regulatory Authority unless sufficient cause is shown.
(3) Where the complainant fails to appear on the date of hearing the Authority, or Adjudicating Officer may either dismiss the complaint for default, or decide it on merits.
(4) Every order, interim or final, shall be signed by the Member or Adjudicating Officer who conducted the proceedings during which such order was passed.
Arguments:- 1) Arguments should be as brief as possible and relevant to the point at issue.
(2) The Authority may direct the parties to file written arguments if it finds this necessary for a just and appropriate decision.
Continuance of Proceedings after death, etc:- 1) Where in a proceeding, any of the parties to the proceeding dies or is adjudicated as an insolvent or in the case of a company under liquidation / winding up, the proceeding shall continue with the successors-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the party concerned, as the case may be.
2 The Authority may, for reasons to be recorded, treat the proceedings as abated in case the Authority so directs and dispense with the need to bring the successors-in-interest on the record of the case.
3) In case any person wishes to bring on record the successors-in-interest, etc., the application for the purpose shall be filed within ninety-(90) days from the event requiring the successors-in- interest to be brought on record. The Authority may condone the delay, if any, for sufficient reasons.
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