Section 65 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 65 decides how a Commission's notice reaches the opposite party or the complainant. It allows registered post, speed post, an approved courier and any other mode of transmission including electronic means, adds a route for e-commerce platforms, and says when refusal or a lost receipt still counts as service. If you are drafting or answering a notice, our consumer notice drafting service can check the address and mode against the section.
Notices under the Act are served by registered post acknowledgment due (to the opposite party), speed post (to the complainant), a courier approved by the Commission, or any other mode of transmission including electronic means (65(1)). A notice may also go to an electronic service provider at the address on its platform, which must designate a nodal officer (65(2)). Refusal to take delivery leads to a declaration of due service (65(3)), and notice at the place of business or profession, or of the complainant's actual and voluntary residence, is sufficient (65(4)).
Section 65 at a glance
| Sub-section | Subject | Key point |
|---|---|---|
| 65(1) | Modes of service | Registered post AD, speed post, approved courier, other modes including electronic |
| 65(2) | Electronic service providers | Served at the address given on the platform; nodal officer to accept and process |
| 65(3) | Refusal and receipts | Duly served on signed acknowledgment or refusal; proviso for lost acknowledgment |
| 65(4) | Where to serve | Opposite party at place of business or profession; complainant where he actually and voluntarily resides |
Section 65(1): the modes of service
"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."
The sentence is compressed and can be read two ways. The more natural reading is:
| Mode | Addressed to |
|---|---|
| Registered post acknowledgment due | The opposite party against whom the complaint is made |
| Speed post | The complainant |
| Courier service approved by the Commission | Either, as the Commission approves |
| Any other mode of transmission of documents, including electronic means | Either |
Two features stand out. First, the Commission approves the courier; a private courier you pick yourself is not automatically good service. Second, the closing words open the door to any other mode, including electronic means. The Act does not say which electronic modes count, whether e-mail or a messaging service, nor does it prescribe a format. The rules and the Commission's own procedure, which are not in the source text, set those details.
Section 65(2): notice to e-commerce platforms
"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."
- The address is the one the provider itself gives on its platform, so a consumer does not need to trace a registered office.
- The provider shall designate a nodal officer to accept and process notices. The Act does not say how the officer is named publicly, or what happens if no officer is designated.
- "Without prejudice to sub-section (1)" means this is an added route, not a replacement; the other modes remain open.
- "Electronic service provider" is a defined term in section 2; see our article on the remaining definitions in section 2. For the practical side of complaints against online sellers, see consumer complaint against an e-commerce company.
Section 65(3): acknowledgment, refusal and the lost-receipt proviso
This sub-section tells the Commission when it must treat a notice as served. It applies when:
- an acknowledgment or other receipt "purporting to be signed by the opposite party or his agent" (or the complainant) is received by the Commission; or
- the postal article containing the notice is received back with an endorsement by a postal employee, or by a person authorised by the courier service, that the opposite party, his agent or the complainant refused to take delivery of the article, or refused to accept the notice by any other specified means when tendered or transmitted.
In both cases the Commission "shall declare that the notice has been duly served". The word is shall: once one of these things is on record, the declaration is not optional.
Proviso. 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."
So, for registered post, three conditions apply: properly addressed, pre-paid and duly sent. If they are met, the Commission declares service even when the acknowledgment never arrives within thirty days from the date of issue. The proviso names only registered post acknowledgment due. The text does not say the thirty-day rule applies to speed post, courier or electronic modes.
Example. The District Commission sends a notice to Orion Furniture by registered post AD. The postman records "refused" and the cover comes back to the Commission. Under 65(3) the Commission declares the notice duly served. Orion cannot later say it never received it. If the cover simply never returns and no acknowledgment arrives within thirty days, the proviso still allows a declaration if the notice was properly addressed, pre-paid and duly sent.
Section 65(4): the address that counts
"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."
| Person | Address that counts |
|---|---|
| Opposite party | Where business or profession is carried on |
| Complainant | Where he actually and voluntarily resides |
A seller who has moved but never updated its registered address, or a complainant who gave an old address, is at risk. "Actually and voluntarily resides" suggests the place where the person really lives by choice; the Act does not define either word. Section 65 does not mention the address in the complaint itself, so keep addresses current with the Commission.
What the text leaves out
- The section does not set a time within which the notice must be served, nor a time within which an opposite party must respond. Other sections deal with those points.
- It does not list the electronic modes, give any format, or say how proof of electronic delivery is made.
- It says nothing about service on a person abroad.
- A party who disputes service can ask for an ex parte order to be set aside, but section 65 does not tell the party how; see sections 61–62 on ex parte orders.
Need help drafting or answering a notice?
A notice that is sent to the wrong address or by an unapproved courier can be argued about for months. Our team can prepare the notice or check yours against section 65, and advise on keeping proof of delivery. Start with our consumer notice drafting service and keep every postal slip and receipt.
Key takeaways
- Registered post AD for the opposite party, speed post for the complainant, approved courier or any other mode including electronic (65(1)).
- Electronic service providers must designate a nodal officer to accept notices (65(2)).
- Refusal to take delivery, or a signed acknowledgment, leads to a declaration of due service (65(3)).
- A properly addressed, pre-paid registered post notice counts even if the acknowledgment is lost.
- Opposite party: place of business or profession; complainant: place of actual and voluntary residence (65(4)).
Read next
- Sections 61–62: setting aside ex parte orders and transfer of cases
- Section 66: experts to assist the Commissions
- Consumer Complaint Against E-Commerce Company
- Consumer Protection for Online Transactions
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.