The document discusses consumer redressal agencies in India. It explains that there are three types of consumer disputes redressal agencies - district forums, state commissions, and a national commission.
The district forum handles complaints where the value is less than 1 crore rupees. The state commission handles complaints between 1-10 crore rupees. The national commission deals with complaints over 10 crore rupees or appeals from state commissions.
The document outlines the composition, qualifications, jurisdiction and powers of each type of redressal agency. It explains their role in providing remedies to consumers who have complaints regarding defective goods or services.
2. WHAT IS CONSUMER
REDRESSAL
When a consumer has any complaint regarding the goods or
things, consumer can approach to Consumer Courts for
redressal
The word REDRESSAL means REMEDY
Redressal means a remedy for the loss suffered by the
consumers
The Consumer Protection Act,1986 enacted by the Parliament
protects the interests of consumers in India
It makes provisions for the establishment of Consumer Councils
and other authorities for the settlement of consumer disputes
The Consumer Protection Act,1986 has provision for
establishing these Redressal Agencies or Courts
3. CONSUMER DISPUTES
REDRESSAL AGENCIES
Consumer disputes redressal agencies are of three types;
District Consumer Disputes Redressal Forum
State Consumer Disputes Redressal Commission
National Consumer Disputes Redressal Commission
4. Composition:
The District Forum would be composed of:
President—a person who is, or has been, or is qualified to be a District Judge,
Not less than two other members— one of the two members shall be a woman.
The two members shall have the following qualifications:
Qualifications
35 years of age is bare minimum;
having a bachelor’s degree from a university which is recognised;
Integrity, ability and standing is essential and have adequate knowledge and
experience of at least 10 years of dealing problems related to economics, public
affairs, industry, commerce, accountancy, law or administration.
5. Disqualifications
A member would be disqualified from the appointment on the following grounds:
Having convicted for an offence involving moral turpitude; or
is of unsound mind; or
dismissed from the service of the government or any corporate body under the
government; or
Having a financial interest, according to the State Government;
is an insolvent; or
has such other disqualifications as notified by the State Government.
6. Selection committee for appointment of members
Every appointment as mentioned shall be done by the State Government on the
advice of a selecting committee consisting of:
President of the State Commission
Consumer Affair Department’s Secretary
State’s Law Department Secretary
7. Term of office
Each member will hold the office for a period of 5 years or till the age of 65 years,
whichever is earlier and would also be eligible for a re appointment, if not reached
the age of 65 years.
8. JURISDICTION
Pecuniary limit
The District Forum shall have jurisdiction to entertain complaints where the value
of the goods or services and the compensation, if any, claimed does not exceed
rupees one crore. If the Central Government feels necessary, it would provide other
values as it deems fit.
9. Territorial limit
A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction:
the opposite party or each of the opposite parties, where there are more than one, at the time of the
institution of the complaint,
actually and voluntarily resides
or carries on business,
or has a branch office
or personally works for gain; or
any of the opposite parties, where there are more than one, at the time of the institution of the
complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally
works for gain, provided that in such case the permission of the District Commission is given;
the cause of action, wholly or in part, arises; or
Residence or the workplace of the complainant.
10. Powers
Summoning of any witness or defendant or issuing of commissions for
examination of documents or any witness.
Requiring production of a material or object as evidence or the analysis/test report
from the concerned laboratory.
11. COMPOSITION OF THE
STATE COMMISSION
Each State Commission shall consist of One President and two or more
other members.
The President
The President shall be a person who is or has been a Judge of a High Court,
appointed by the State Government. His appointment should be made in
consultation with the Chief Justice of High Court.
Members
In the state commission there should be not less than two, and not more than such
number of members, as may be prescribed, and one of whom shall be a woman.
12. Qualifications of members
1.Minimum 35 years of age;
2.Possess a bachelor's degree from a recognised university
3. be persons of ability, integrity and standing, and have adequate knowledge and experience of
at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry,
industry,
public affairs or administration
Provided that not more than fifty per cent. of the members shall be from amongst persons having a judicial background. Explanation.- For the
purposes of this clause, the expression 'persons having judicial background'' shall mean persons having knowledge and experience for at least
a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level.
14. Selection committee for appointment of members (sec.16 (1a))
every appointment under sub-section (1) shall be made by the state government
on the recommendation of a selection committee consisting of the following
members, namely:
(i) president of the state commission- chairman;
(ii) secretary of the law department of the state- member;
(iii) secretary incharge of the department dealing with consumer affairs in the state- member:
provided that where the president of the state commission is, by reason of absence or otherwise, unable
to act as chairman of the selection committee, the state government may refer the matter to the chief
justice of the high court for nominating a sitting judge of that high court to act as chairman
15. Term of Office (Section 16 (3))
Every member of the State Commission shall hold office for a term of five years or up to
the age of 67
A member may resign his office in writing under his hand addressed to the State
Government
16. Jurisdiction of the State Commission
Subject to the other provisions of this Act, the State Commission shall have
jurisdiction
Pecuniary Jurisdiction
Complaints where the value of the goods or services and compensation, if any,
claimed exceeds rupees 1 crore but does not exceed rupees 10 crore, then it comes
under the pecuniary jurisdiction of State Commission.
17. Territorial Jurisdiction
A complaint shall be instituted in a State Commission within the limits of whose
jurisdiction:
actually and voluntarily resides,
or carries on business
or has a branch office
or personally works for gain, or personally works for gain; or
any of the opposite parties, where there are more than one, at the time of the institution of
the complaint, actually and voluntarily resides, or carries on business or has a branch
office, or personally works for gain, provided that in such case the permission of the
District Commission is given;
the cause of action, wholly or in part, arises; or
18. Appellate Jurisdiction (Section 15)
Section 15 of the Act gives the right to prefer an appeal to the state commission
state commission within a period of thirty days from the date of order of the
order of the District Forum to any person who has been aggrieved by the order.
aggrieved by the order. The time limit may be extended by the state commission
state commission on showing sufficient cause
The person making an appeal should deposit 50% of the decreed
amount or Rs.25000/- whichever is less. This requirement has been
introduced by the Consumer Protection (Amendment) Act, 2002.
19. POWERS
The Commission can suo moto or on application of the complainant transfer any
complaint pending before a District Commission to another District Commission
Can declare any terms of a contract,which is unfair to any consumer,to be null
and void
Can direct any individual/organization/expert to assist in matters concerning the
larger interests of consumers
20. Composition
It is also open to the Central Government to establish regional benches of this
Commission.Each such Commission consists of,
(a) a President
(b) a minimum of 4 members while the maximum number of members may be as
prescribed by the Central Government
21. Qualifications
(i) be not less than thirty-five years of age;
(ii) possess a bachelor’s degree from a recognised university; and
(iii) be persons of ability, integrity and standing and have adequate
knowledge and experience of at least ten years in dealing with problems
relating to economics, law, commerce, accountancy, industry, public affairs or
administration:
24. Term of office
The term of office of the President and the members is 5 years from the date of
entering on office
The President and the members are eligible for reappointment
The President cannot hold office after 70 years
The members cannot hold office after 67 years
25. JURISDICTION
Pecuniary jurisdiction
The Commission can
(a) entertain complaints
I.where the value of goods or services paid as consideration exceeds 10 crore
rupees
II.against unfair contracts,where the value of goods or services paid as
consideration exceeds 10 crore rupees
27. Powers
The National Commission can suo motu oron application of the complainant
transfer any compliante pending before a District Commission or State
Commission of one State to a District Commission or State Commission in
another State respectively.This power can be exercised at any stage of the
proceedings
The Commission may also declare any terms of contract,which is unfair to any
customer, to be null and void
The Commission has power to direct any individual/organization/expert to assist
it in matters concerning the larger interests of consumers