District consumer protection council

1. THE CONSUMER
PROTECTION ACT, 1986
 The Consumer Protection Act, 1986 is a
benevolent social legislation that lays
down the rights of consumers and
provides for promotion and protection of
the rights of the consumers.
 This is the only Act of its kind in india,
which has enabled ordinary consumers to
secure less expensive and often speedy
redressal of their grievances.

3. ADVISORY BODIES - CONSUMER PROTECTION
COUNCIL
The Act provides for the establishment of Advisory
Councils at three levels: National, State and District.
These are,
 The Central Consumer Protection Council
 The State Consumer Protection Council
 The District Consumer Protection Council.
These Councils are constituted on public private
partnership basis. The purpose of these bodies is to
review the consumer related policies of the
government and suggest measures for further
improvements.

4. NATIONAL COMMISSION
Composition of the National
Commission
A national commission consists of :
 President – to be qualified by the supreme court
judge and appointed by the chief justice of India.
 Four other members of eminence in the field of
education, trade, commerce (one of whom shall be
women).

5. Appointment of other members :
It is made by central government on the
recommendation of a selection committee consisting
of the following :
 A person who is the judge of the supreme court to
be nominated by the chief justice – Chairman.
 Secretary , Law Department of the Government of
India – Member.
 Secretary in charge of the department dealing with
consumer affairs in the Govt of India - Member.

6. Qualification of Members:
 Be not less than thirty-five years of age.
 Possess a bachelor’s degree from a
recognized university.
 Have adequate knowledge and experience of
atleast ten years in dealing with problems
relating to
Commerce
Accountancy
Industry
Public affairs

7. Disqualifications of members:
 Has been convicted for the offence of moral
turpitude
 Is an undischarged insolvent
 Is of unsound mind
 Has been removed or dismissed from the service
of the government
 Has such other disqualifications as may be
prescribed by the state government.

8. Term of office
Every member holds office for a
term of five years or upto the age
of seventy years, whichever is
earlier and is not eligible for
reappointment.

9. Jurisdiction of the National Commission:
The national commission shall have the
following
 Value of goods and services exceeds Rs.1crore.
 To entertain appeals against the orders of any state
commission .
 Can call for records.
 Power of a civil court as specified in sub section (4)
(5) (6) of section 13.

10. Power and Procedure (Section 22):
 The provisions of section 12,13 and 14 and the
rules made thereunder for the disposal of
complaints by the district forum shall , with such
modifications as may be considered necessary by
the commission ,be applicable to the disposal of
disputes by the national commission.
 Without prejudice to the provisions contained in
sub section (1), the national commission shall have
the power to review any order made by it , when
there is an error apparent on the face of record.

11. Power to Set Aside Ex Parte Orders:
Section 22 A mentions where an order is passed by the national
commission ex parte against the opposite part or a complainant , as the
case may be ,the aggrieved party may apply to the commission to set
aside the said order in the interest of justice.
Transfer of cases:
Section 22 B mentions that on the application of the complainant or
of its own motion , the National Commission may , at any stage of the
proceedings in the interest of justice , transfer any complaint pending
before the District Forum of one state to a District Forum of another
State or before one State Commission to another State Commission.

12. Circuits Benches :
 Section 22 C mentions that the National Commission shall
ordinarily function at New Delhi and perform its functions at such
other place as the Central Government may , in consultation with
National Commission , notify in the Official Gazette , from time to
time.
Vacancy in the office of the President:
 Section 22 D deals with if the office of the President is vacant. In
case the office of the President of a District Forum, State
Commission, or of the National Commission is vacant for a person
occupying such office is, by reason of absence or otherwise, unable to
perform the duties of his office, the shall be perform by the senior
most member of the District Forum, the State Commission or of the
National Commission, as the case may be.
 Where a retired Judge of a High Court is a member of the National
Commission, such member or where the number of such members is
more than one, the senior most person amongst such members, shall
preside over the National Commission in the absence of President of
that Commission.

13. STATE CONSUMER
PROTECTION
COUNCIL
Thestate government shall establishthe state commission tobe calledas the
STATE CONSUMERPROTECTION COUNCIL
NOTE: AT PRESENTTHEREARE 35 STATE
COMMISSIONS IN INDIA

14. COMPOSITION OF STATE CONSUMER
PROTECTION COUNCIL
Chairman(Collector of thedistrict)
Official and non-officialmembers representing such
interestas prescribed by the state government
10 nomineesof theCentralgovernment.
The statecouncil shallmeetas and when necessary but
atleast 2 meetingsshallbe heldevery year.

15. Composition of State Commission (Section 16)
• President- a personwhoisor beena Judgeofa HighCourt,appointedby
theStateGovernment
• Twoothermember–onemustbewoman
a)Atleast35 yearsofage
b)Possessthebachelordegree fromrecognized university
C)Adequateknowledgewith10yearsexperience
STATE COMMISSION

16. Selection committee for the appointment
of the member section 16(1A)
By state government on the recommendation of a selection committee
consisting of :-
President of State commission Chairman
Secretary, Law Department of the State Member
Secretary incharge of Department dealing with consumer affairsin the
state member.

17. Term of Office ,Section 16(3)
Period of 5 years or uptothe age of 67 years whichever
is earlier, shall not be eligible for re-
appointment.

18. Jurisdiction of the State
Commission
 PecuniaryJurisdiction
 Valueofgoods& servicesshould be atleast
₹20 lakhand notexceed1cr.
 TerritorialJurisdiction
 Wherethe oppositepartyresides
 Any of theoppositepartywhentherearemorethan one,withthe permissionofDistrictforum
 The causeofaction,whollyorinpart,arises
 Appellate Jurisdiction (Section 15)
 an appeal to the state commission can be made within a period of thirty days from the
date of order of the District Forum to any person who has been aggrieved by the order.
The time limit may be extended by the state commission on showing sufficient cause.
 The person making an appeal should deposit 50% of the decreed amount or
Rs.25000/- whichever is less.

19. Procedure on admission of
complaint
Refer a copy of the admitted within 21 days from date of admission
to the opposite party mentioned in the complaint directing him to
give his version of the case within 30 days or such extended period
not exceeding 15 days as may be granted by District Forum

20.  An appeal filed before the State Commission
or the National Commission shall be heard as
expeditiously as possible and
an endeavour shall be made to finally dispose
of the appeal within a period of ninety days
from the date of its admission.
 Provided that no adjournment shall be
ordinarily granted by the State Commission
or the National Commission, as the case may
be, unless sufficient cause is shown and the
reasons for grant of adjournment have been
recorded in writing by such Commission

21. PROCEDURETO FILE A CASE BEFORE
STATECOMMISSION
FIRST APPEAL: (Section 15) First Appeal can be filed by appeals against the order
of any District Forum within the state.
• 1. Memorandum of grounds of Appeal along with correct name of parties their
Addresses
• 2. Certified copy of the District Consumer Forum order.
• 3. No. Of copies required for filing the appeal 4 + Sufficient additional Copies for
each Respondents.
• 4. Appeal to be filed within 30 days from the Date of receipt of District Consumer
Forum Order
• 5, Any Condone Delay/interim orders/Other Petitions to be submit along with
Affidavit with despondent signatures
• 6. Statutory Deposit: Rs. 25,000/- or 50% of Award/Compensation amount which
ever is less to be deposited by Appellant/Opposite Parties.
• 7. Court fee is not required to file Appeal
REVISION PETITION: (Section 17) in case of dissatisfaction from district forum
within 30 days petition can be filed in state forum.
• 1. Certified copy of the interlecutory application order along with Petition,
Complaint and counter on the file of District Consumer Forum
• 2. Court fee is not required to file Revision Petition

22. EXECUTION APPLICATION: (Under Section 27) Execution
application can be filed when final order not complied with in
time
 1. Execution Application
 2. Certified copy of the Carbon copy Order .Along with Vakalath .
CHEQUE PETITION : Cheque Petition can be filed by the Parties
to with draw the deposited amount in full/part awarded
 1. Advance Stamp Receipt duly identified by the Counsel on
Record
 2. Payment schedule
 3. Memo of Part/Full satisfaction duly signed by the Party and
Counsel on Record
 4. Affidavit
 5. Cheque Petition.
 6. Proof of identification ( Ration card/Pan card/identify card
issued by the Election Commission, Pass Book)

23. DISTRICT
CONSUMER
PROTECTION
COUNCIL
The stategovernment shall establishthe districtcouncil tobecalled asthe
DISTRICTCONSUMERPROTECTIONCOUNCIL
NOTE : AT PRESENT THERE ARE 610 DISTRICT FORUM
ININDIA

24. COMPOSITION OF DISTRICT
CONSUMER PROTECTION COUNCIL
•CHAIRMAN(COLLECTOR OF THE DISTRICT)
•OFFICIALAND NON- OFFICIALMEMBERS REPRESENTING SUCH
INTEREST AS PRESCRIBED BY THE STATE GOVERNMENT
•THE DISTRICT COUNCILSHALLMEET AS ANDWHEN NECESSARY BUT
ATLEAST 2 MEETINGS SHALLBE HELD EVERY YEAR.

25. Composition of District Forum(Section
10)
• President- isqualifiedtobetheDistrictjudge
• Twoothermember–onemustbewoman
a)atleast35yearsofage
b)possessthebachelordegreefrom recognizeduniversity
c)adequateknowledgewith10 yearsexperience
DISTRICT FORUM

26. Selection committee for the
appointment of the member section
10(1A)
By state government on the recommendation of a selection committee
consisting of :-
 President of State commission Chairman
 Secretary, Law Department of the State Member
 Secretary in charge of Department dealing with consumer affairsin the
state member.

27. Term of Office ,Section 10(2)
Periodof 5 years oruptothe ageof 65 years
whicheveris earlier

28. JURISDICTION OF THE DISTRICT FORUM
SECTION 11
 Pecuniary Jurisdiction
• Value of goods & services should not exceed
₹ 20,00,000
 Territorial Jurisdiction
• Where the opposite party resides
• Any of the opposite party when there are more thanone, with the
permission of District forum
• The cause of action, wholly or in part , arises

29. Admissibility of Complaint
Section 12(2)
The complaint shall ordinarilybe decidedwithin 21
days from the date onwhich the complaintwas
received

30. Procedure on admission of
complaint Section 13
Refer a copy of the admitted within 21 days from date of admission
to the opposite party mentioned in the complaint directing him to
give his version of the case within 30 days or such extended period
not exceeding 15 days as may be granted by District Forum

31. Limitation to decide the complaint
Section 13(3A)
Every complaintshallbe heard expeditiously as possible
and endeavor shallbe made to decide thecomplaint
withina period of 3 month from thedate of receipt of
notice by opposite party where thecomplaint does not
require analysis or testingof commodities and within 5
monthsif it requires analysis or testingof commodities

32. Remedies Under
Consumer Protection Act
 To remove the defect pointed by laboratory
 To replace the goods
 To return the money
 To compensate the consumer
 To remove defects in goods and deficiencies in
services
 To discontinue the unfairtrade practices

33. To provide adequate cost tothe party
To withdraw the hazardous goods from being
offered for sale
To pay the price determined which shouldnot be
less than 5% of the value of such defective goods
or services

34. A doctor qualified to practice homoeopathic
system of medicines treating a patient with
allopathic medicines and patient dies - guilty of
negligence
 In Poonam Verma v. Ashwin Patel [1996(4) SCALE 364]
the respondent was a qualified medical practitioner
 in homoeopathic system of medicine.
 The appellant, was the widow of a person who, it was
alleged, had died because of the negligence of the
respondent in administering allopathic medicines in
which he was not
 qualified to practise.
 It was alleged that the deceased was treated to begin
with, for viral fever on allopathic
 medicines and since his condition had not improved
antibiotics were used without conducting proper tests.

35.  When his condition further deteriorated he was
removed to a nursing home and after four days he was
 removed to a hospital in an unconscious state.
 Within a few hours thereafter he died.
 Her complaint to the National Consumer Disputes
Redressal Commission for damages for the negligence
and carelessness of respondent in treating her
husband was dismissed.
 Allowing the appeal the Supreme Court held that the
respondent who had practised in allopathy without
being qualified in that system was guilty of negligence
per se. A person is liable at law for the consequences
of his negligence.

36. Jurisdiction of the Commission:
 The Supreme Court observed that it is beyond doubt
now that disputes
 regarding applicability of the Act to persons
engaged in medical profession either as private
practitioners or
 as Government doctors working in hospitals or
Government dispensaries come within the purview
of the
 Consumer Protection Act, 1986.
 It is also settled that a patient who is a consumer
has to be awarded
 compensation for loss or injury suffered by him due
to negligence of the doctor by applying the same
tests as
 are applied in an action for damages for negligence.