Regulation 23 - Mode of service of notice, etc. - CCI (General) Regulations, 2024

23. Mode of service of notice, etc. (1) Every notice or other document required to be served on or delivered to any person under these regulations, may be served personally or sent by electronic mail address, or by registered post or by speed post or by courier service at the address furnished by him or her or it for service, or at the place where the person ordinarily resides or carries on business or occupation or works for gain, or to his or her or its authorized representative at the address furnished by such person or its authorised representative: Provided that it shall be duty of the person who has furnished the address or the electronic mail address or details of authorised representative, to update the same in the records of the Commission from time to time, as and when necessary, else the service made at the address or the electronic mail address available on record shall be sufficient. (2) An endorsement made by a postal or courier employee that the addressee or his agent has refused to take delivery of the notice shall be deemed to be proof of service by way of refusal. (3) An electronic mail shall be deemed to be delivered if properly addressed or directed to the recipient, in a form capable of being read by the other parties system, when it is out of the control of the sender and enters the information processing system of the recipient for receiving such messages, whether or not opened or seen by the recipient. (4) In case the postal or courier employee reports that the addressee has since left or is not available at the given address, the Commission relying on the information so furnished, may take a view as it may deem appropriate and may proceed to take steps for substituted service. (5) Where summons or notice was properly addressed, prepaid and duly sent by registered post acknowledgement due, and the acknowledgement having been lost or mislaid or for any other reason, has not been received by the Commission within 30 (thirty) days from the date of issue of summons, the Commission may deem the service to be sufficient and may make a declaration accordingly. (6) Where the service of notice is not possible under the above referred modes and where the addressee cannot be found or is not traceable, the service may be effected by way of affixing a copy of summons or notice on the conspicuous part of the house in which the recipient ordinarily resides, the service may be deemed to be sufficient in view of Rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908). (7) Where the Commission is satisfied that the recipient of the notice is avoiding service or that for any other reason notice cannot be served in the ordinary way, it shall order service by an advertisement in the daily newspaper circulated in the locality where the recipient is last known to have resided.