Redressal agencies for consumer disputes

Prepared By

Manu Melwin Joy

Assistant ProfessorIlahia School of Management Studies

Kerala, India.

Phone – 9744551114Mail – manu_melwinjoy@yahoo.com

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Redressal agencies for consumer disputes

District Forum

• Composition of districtforum - Each districtforum consists of– A person who is qualified

to be a district judge whoshall be the presidentand

– Two other members whoshall be persons of ability,integrity and standing.

District Forum

• Terms and conditions of themembers of the district forum.– Every member of the district

forum shall hold office for a termof five years or up to the age of 65years whichever is earlier.

– A member shall resign his office inwriting under his hand addressedto the state government.

– The government may removefrom office, the president ormember of the district forum if heis disqualified as per Rule (3) ofconsumer protection rules.

District Forum

• Office and place of sitting ofdistrict forum.– The office of the district forum

shall be located at theheadquarters of the district.

– The working days and office hoursof the district forum shall be sameas that of the government.

– The office seal and emblem ofdistrict forum shall be such as thegovernment may specify.

– Sitting of the district forum shallbe convened by the president.

District Forum

• Jurisdiction of the districtforum.– District forum shall have

jurisdiction to entertaincomplaints where the value ofthe goods or services and thecompensation, if any, claimeddoes not exceed rupees givelakhs.

– A complaint shall be institutedin a district forum within thelocal limits of whosejurisdiction the cause of action,wholly or partly arise.

District Forum

• Procedure for filingcomplaints.

– Who can file a complaint –Consumer to whom a goodsor services is delivered, anyrecognized consumerassociation, one or moreconsumer and central andstate government.

District Forum

• Procedure for disposing ofcomplaints - Complaintrelating to goods

– Referring samples tolaboratory

– Fee for analysis or test

– Report of analysis

District Forum

• Procedure for disposing ofcomplaints - Complaint relatingto service– On the basis of evidence brought

to its notice by the complainantand the opposite party, where theopposite party denies or disputesthe allegation contained in thecomplaint.

– On the basis of evidence broughtto its notice by the complainantwhere the opposite party omits orfails to take any action torepresent his case within the timegiven by the forum

District Forum

• Findings of the district forum– If after the proceedings

conducted under section 13, thedistrict forum is satisfied that thegoods complained against, sufferfrom any of the defects specifiedin the complaint, it shall issue anorder to opposite party to do oneor more of following things.• To remove the defects in goods or

services.• To replace goods with new goods.• To return the complainants the price.• Not to offer hazardous goods for

sales.• To withdraw hazardous goods from

being offered. .

District Forum

• Findings of the districtforum

– Appeal against the orders of district forum – Any person aggrieved by an order made by district forum may prefer an appeal against such order to the state commission within a period of 30 days from the date of order.

State Commission

• Composition of StateCommission - Each Statecommission consists of

– A person who is qualified tobe a judge of high court whoshall be the president and

– Two other members whoshall be persons of ability,integrity and standing.

State Commission

• Terms and conditions of themembers of the StateCommission.– Every member of the State

commission shall hold office fora term of five years or up to theage of 65 years whichever isearlier.

– Every vacancy caused byresignation or removal of thepresident or any other memberof the state commission shallbe filled by fresh appointment.

State Commission

• Office and place of sitting ofState Commission.– The office of the state commission

shall be located at the capital ofthe state.

– The working days and office hoursof the state commission shall besame as that of the stategovernment.

– The office seal and emblem ofstate commission shall be such asthe government may specify.

– Sitting of the state commissionshall be convened by thepresident.

State Commission• Jurisdiction of the State

Commission.– State commission shall have

jurisdiction to entertain complaintswhere the value of goods andservices and compensation claimedexceeding rupees five lakhs but notexceeding 20 lakhs.

– State commission shall havejurisdiction to entertain appealsagainst the order of any districtforum within the state and

– State commission shall havejurisdiction to call for the records andpass appropriate orders in anycustomer dispute which is pendingbefore any district forum within thestate.

State Commission

• Procedure for filingcomplaints before statecommission and disposalby the state commission– Procedure for filing

complaints before the statecommission, procedurefollowed on receipt of thecomplaint by the statecommission, findings of thestate commission etc aresame as those application.

State Commission

• Appeal against the orders ofthe state commission.– Any person aggrieved by an

order made by Statecommission may prefer anappeal against such order tothe National commission withina period of 30 days from thedate of order.

– National commission mayentertain an appeal after theexpiry of the said period ofthirty days if it is satisfied thatthere was sufficient cause fornot filing it within the period.

National Commission

• Composition of NationalCommission - EachNational commissionconsists of

– A person who is qualified tobe a judge of supreme courtwho shall be the presidentand

– Two other members whoshall be persons of ability,integrity and standing.

National Commission• Terms and conditions of the

members of the NationalCommission.– Every member of the National

commission shall hold office for aterm of five years or up to the ageof 70 years whichever is earlier.

– The Salary and honorarium andother allowances payable to andthe other terms and conditions ofservice of the members of theNational commission shall be suchas may be prescribed by theCentral government

National Commission• Office and place of sitting of

National Commission.– The office of the National

commission shall be located inDelhi.

– The working days and office hoursof the state commission shall besame as that of the Centralgovernment.

– The office seal and emblem ofdistrict forum shall be such as thegovernment may specify.

– Sitting of the National commissionshall be convened by thepresident.

National Commission• Jurisdiction of the National

Commission.– National commission shall have

jurisdiction to entertain complaintswhere the value of goods andservices and compensation claimedexceeding rupees twenty five lakhs.

– State commission shall havejurisdiction to entertain appealsagainst the order of any statecommission within the country and

– National commission shall havejurisdiction to call for the records andpass appropriate orders in anycustomer dispute which is pendingbefore any state commission withinthe country

National Commission

• Power of NationalCommission.– To summon and enforce

attendance of any defianceor witness and examining thewitness on oath.

– To discover and produce anydocument or other materialobject producible asevidence.

– To receive evidence onaffidavits.

National Commission• Appeal against the orders of

the National commission.– Any person aggrieved by an

order made by nationalcommission may prefer anappeal against such order tothe supreme court within aperiod of 30 days from the dateof order.

– Supreme court may entertainan appeal after the expiry ofthe said period of thirty days ifit is satisfied that there wassufficient cause for not filing itwithin the period.

National Commission• Sitting of the national

commission and signing oforders– Every proceedings of the

national commission shall beconducted by the presidentand at least two membersthereof sitting together.

– Every order made by thenational commission shall besigned by the president and atleast two members whoconducted the proceedings.