(1) Any aggrieved person may file a complaint with the Adjudicating Officer, through the office of the Authority, for compensation under section 12, 14, 18 and 19. The complaint shall be filed in Form ‘B’ which shall be accompanied by a fee of rupees five thousand through NEFT or RTGS system or any other digital transaction mode.
(2) The Adjudicating Officer shall follow, for the purposes of deciding any complaint as specified under sub-rule (1), the following procedure :
(a) Upon receipt of the complaint the Adjudicating Officer shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent ;
(b) The notice shall specify a date and time for further hearing ;
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(c) On the date so fixed, the Adjudicating Officer shall explain to the respondent or his authorized representative about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent,—
(i) pleads guilty, the Adjudicating Officer shall record the plea, and pass orders, adjudging the quantum of compensation as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder ;
(ii) does not plead guilty and contests the complaint, the Adjudicating Officer shall demand an explanation from the respondent ;
(d) In case the Adjudicating Officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint.
(e) In case the Adjudicating Officer is satisfied on the basis of the submissions made that the there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it.
(f) On the date so fixed, the Adjudicating Officer shall require the applicant and respondent to give evidence or to produce any document which in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry.
Thereafter, the Adjudicating Officer shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions.
(g) The Adjudicating Officer upon consideration of the evidence produced before it and other records and submissions is satisfied that,—
(i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass orders, adjudging the quantum of compensation as it thinks fit in accordance with the provisions of the Act or the rules and regulations made thereunder with reasons to be recorded in writing;
(ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations made thereunder the Adjudicating Officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.
(h) If any person fails, neglects or refuses to appear, or present himself as required before the Adjudicating Officer, the Adjudicating Officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.
(i) The Adjudicating Officer shall before passing any order, consider the factors specified in section 72.