National dispute redressal commission under consumer protection act

1. A
PPT
on
"National Dispute Redressal Commission under Consumer Protection Act"
Under the subject of
Consumer Law
Submitted by
Mrunalini Anil Taware.
ROLL NO. 44
LL.M. II Sem.-III
Submitted to the incharge
Asst. Prof. Shraddha Mam
L.LM Department
Yashwantrao Chavan Law College.
2023-2024.

2. Consumer Complaints:
Overview of common consumer complaints The need for a redressal mechanism
1. Defective Products
2. Poor Quality Services:
3. Unfair Pricing:
4. Misleading Advertising:
5. Product Safety Issues:
6. Delayed or Non-Delivery
7. Breach of Warranty
8. Unsolicited Calls and Messages
9. Unresolved Disputes:

3. Structure of Consumer Redressal System
• Introduction to the Three-Tier Consumer Redressal System
1. District Consumer Disputes Redressal Forum (DCDRF):
 The first tier of the consumer redressal system.
 Established at the district level, making it the most accessible to consumers.
 Adjudicates disputes where the value of goods or services does not exceed Rs1 crore in value.
 Comprises a president and two members, typically a legal expert and a consumer rights activist.
 Provides a quick and cost-effective resolution process for local consumer grievances.
2. State Consumer Disputes Redressal Commission (SCDRC):
 The second tier in the consumer redressal hierarchy.
 Covers disputes exceeding Rs. 20 lakhs but not exceeding Rs. 10 crore.
 Typically found at the state level, each state has its own SCDRC.
 Comprises a president and two members, including a judicial member and an expert in consumer affairs.
 Appeals from the DCDRF can be filed at the SCDRC for review and resolution.

4. • Section 55. Qualifications, etc., of President and members of
National Commission.
• (1) The Central Government may, by notification, make rules to
provide for qualifications, appointment, term of office, salaries and
allowances, resignation, removal and other terms and conditions of
service of the President and members of the National Commission:
• President and members hold office not exceeding five years from
the date on which he enters upon his office and
• shall be eligible for re-appointment:
• no President or members shall hold office
• (a) in the case of the President, the age of seventy years;
• (b) in the case of any other member, the age of sixty-seven years.
• Section 53. Establishment of National Consumer Disputes
Redressal Commission.
(1) The Central Government
• by notification,
• establish a National Consumer Disputes Redressal Commission,
• to be known as the National Commission.
ordinarily function at the National Capital Region
Central Government may, by notification, establish regional Benches of
the National Commission, at such places, as it deems fit.
• Section 57. Other officers and employees of National
Commission.
• To assist the national commission

5. Section 58. Jurisdiction of National Commission.
• 1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction--
• (a) to entertain--
• (i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore:
• where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit;
• (ii) complaints against unfair contracts, where the value of goods or services paid as consideration exceeds ten crore rupees;
• (iii) appeals against the orders of any State Commission;
• (iv) appeals against the orders of the Central Authority; and
• (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State
Commission
• where it appears to the National Commission
• that such State Commission has exercised a jurisdiction not vested in it by law, or
• has failed to exercise a jurisdiction so vested, or
• has acted in the exercise of its jurisdiction illegally or
• with material irregularity.

6. • Section 60. Review by National Commission in certain cases.
• an error apparent on the face of the record,
• either of its own motion or
• on an application made by any of the parties within thirty days of such order.
• Section 61. Power to set aside ex parte orders.
• order of ex parte, the aggrieved party may make an application to the Commission for setting aside such order.
• Section 62. Transfer of cases.
• On the application of the complainant or of its own motion,
• at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District
Commission of another State or
• before one State Commission to another State Commission.

7. • Section 63. Vacancy in office of President of National Commission.
• vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by
the senior-most member of the National Commission
• Section 66. Experts to assist National Commission or State Commission.
• Where the National Commission or the State Commission, as the case may be, on an application by a complainant or otherwise,
• is of the opinion that it involves the larger interest of consumers,
• it may direct any individual or organisation or expert
• to assist the National Commission or the State Commission, as the case may be.
• Section 67. Appeal against order of National Commission.
• Any person, aggrieved may prefer an appeal against such order to the Supreme Court
• within a period of thirty days from the date of the order:
• the delay may be condoned on sufficient cause.
• no appeal be entertained by the Supreme Court unless that person has deposited fifty per cent of that amount in the manner as may be prescribed.

8. S. 59 Procedure before national commission
• Section 35 to 39
• S.35 – Manner in which complaint shall be made.
• S.36 - Proceedings before district commission.
• S.37 – Reference to mediation.
• S.38 – Procedure on admission of complaint.
• S.39 - Findings of district commission.
Declare any agreement as null and void if unfair to consumers.

9. Role and Functions of the NCDRC
1. Role of NCDRC:
 The NCDRC, established under the Consumer Protection Act, 2019, serves as the apex consumer court in India.
 It plays a critical role in safeguarding consumer rights and ensuring redressal for high-value consumer complaints.
2. Key Functions:
 Adjudication: The NCDRC is responsible for the adjudication of consumer complaints involving a value exceeding Rs. 1 crore.
 Setting Precedent: It establishes legal precedent through its decisions, which have a significant impact on consumer protection in India.
 Interpretation of Laws: The NCDRC interprets and clarifies consumer protection laws, ensuring their consistent application.
• Handling Appeals from State Commissions
1. Appeals Process:
 The NCDRC serves as the appellate authority for decisions made by the State Consumer Disputes Redressal Commissions (SCDRCs).
 Consumers dissatisfied with SCDRC rulings or decisions can file appeals at the NCDRC for further review.
2. Ensuring Consistency:
 The NCDRC's role in handling appeals ensures a degree of consistency in the interpretation and application of consumer protection laws
throughout the country.
 It helps in resolving disputes that may cross state boundaries or have significant financial implications.

10. • Landmark Cases and Decisions
1. Amul India vs. Amul Ice Cream:
 A significant case where the NCDRC ruled in favor of the complainant, highlighting the importance of protecting consumers from misleading
advertisements and false claims by businesses.
2. V. Krishnakumar vs. State Consumer Disputes Redressal Commission:
 A case that set a precedent regarding the application of product liability in cases involving food safety and contamination issues.
3. Huda City Centre Metro Station vs. Techno Fab Engineering Ltd.:
 An important decision emphasizing the liability of service providers in ensuring the safety of passengers, particularly in cases involving public
transportation.
4. Subhash Chand Garg vs. Apple India Private Ltd.:
 A case that addressed issues of product defects and the responsibilities of manufacturers, showcasing the NCDRC's role in safeguarding
consumer rights.
• Note:
 The NCDRC plays a pivotal role in protecting the rights of consumers and maintaining fairness in the marketplace, making it a critical institution for
consumer redressal in India.
 Its decisions in landmark cases have a far-reaching impact on consumer protection and serve as a guide for both consumers and businesses in
understanding their rights and responsibilities.

11. Compensation and Relief Provided to Consumers
1. Monetary Compensation: In cases of proven harm or loss, the NCDRC often orders monetary compensation to affected
consumers. The compensation aims to cover financial losses, medical expenses, or damages suffered due to the dispute.
2. Refunds and Replacements: Depending on the nature of the dispute, consumers may be entitled to refunds for defective
products or substandard services. The NCDRC may also order the replacement of goods or services as a form of relief.
3. Punitive Measures: In cases of gross negligence or unfair trade practices, the NCDRC may impose fines and penalties on
businesses as a deterrent against further misconduct. This serves to protect not only the aggrieved consumers but also the
general public.
4. Non-Monetary Relief: Besides financial compensation, the NCDRC may provide non-monetary relief, such as issuing orders
for quality assurance, safety measures, or changes in business practices to protect future consumers.

12. The Significance of NCDRC Rulings
1. Precedent Setting: NCDRC decisions set legal precedent and establish guidelines for the interpretation and application of consumer protection
laws. They influence future consumer protection cases in India.
2. Consumer Empowerment: NCDRC rulings empower consumers by providing them with legal remedies and encouraging them to assert their rights.
3. Business Accountability: NCDRC decisions hold businesses accountable for their actions, ensuring they adhere to ethical and responsible
practices.
4. Marketplace Fairness: The NCDRC plays a vital role in maintaining a fair and transparent marketplace, where consumers can trust that their
interests will be protected.
5. Legal Clarity: The rulings provide legal clarity and interpretation of consumer protection laws, which benefits consumers, businesses, and legal
professionals alike.
6. Consumer Redressal System Credibility: The credibility and effectiveness of the consumer redressal system in India hinge on the significance of
NCDRC rulings, as they ensure consumers have access to justice and compensation when their rights are violated.
• Note:
 NCDRC decisions are a cornerstone of consumer protection in India, ensuring that consumers' rights are upheld and that businesses are held
accountable for their actions. These rulings play a pivotal role in shaping the legal landscape and protecting consumer interests.

13. Challenges and Bottlenecks
• Common Challenges Faced by NCDRC
1. Case Backlog:
2. Resource Constraints:
3. Complex Legal Proceedings:
4. Legal Representation:
• Delays in Case Resolution
1. Procedural Delays:
2. Adjournments:
3. Appeals Process:
4. Resource Constraints:

14. Suggestions for Improvement
1. Digital Transformation:
2. Increasing Judicial Capacity:
3. Alternative Dispute Resolution (ADR):
4. Consumer Education:
5. Strengthening Legal Aid:
6. Periodic Review:
7. Note:
 Addressing the challenges and bottlenecks faced by the NCDRC is crucial for ensuring the efficient resolution of consumer complaints and
enhancing the overall effectiveness of the consumer redressal system in India.

15. Recent Reforms
1. Consumer Protection Act, 2019: India's most recent and significant reform in consumer protection came with the enactment of the Consumer
Protection Act, 2019. This act repealed and replaced the Consumer Protection Act, 1986, to address modern consumer challenges and enhance
consumer protection.
2. Key Amendments and Reforms:
 Definition of Consumer: The new act expanded the definition of a consumer to include those who buy goods or avail of services online,
through electronic means, teleshopping, or multi-level marketing.
 Product Liability: The act introduced provisions related to product liability, making manufacturers, service providers, and sellers liable for
injuries or damages caused by defective products.
 Central Consumer Protection Authority (CCPA): The establishment of the CCPA, a regulatory body, to promote, protect, and enforce the
rights of consumers.
 E-commerce Regulations: The act includes specific provisions for e-commerce transactions, governing issues like product descriptions,
counterfeit products, and deceptive advertisements.
 Mediation: It promotes mediation as an alternative dispute resolution mechanism to expedite case resolution.

16. • Conclusion
 The National Consumer Disputes Redressal Commission (NCDRC) serves as the apex consumer court in India, playing a pivotal role in
protecting and upholding consumer rights.
 NCDRC's decisions set legal precedents, ensuring that consumer protection laws are interpreted and applied consistently throughout the
country.
 It holds businesses accountable for their actions, promoting fair and ethical practices in the marketplace.
 NCDRC empowers consumers by providing them with legal remedies and encouraging them to assert their rights.