History The Consumer Protection Act, 1986 is one of the benevolent social legislation intended to protect the large body of consumers from exploitation. It has become the vehicle for enabling people to secure speedy and in-expensive Redressal of their grievances. To provide cheap, speedy and simple redressal to consumer disputes, quasi-judicial machinery is set up at each District, State and National levels called District Forums, State Consumer Disputes Redressal Commission and National Consumer Disputes Redressal Commission respectively. At present, there are 610 District Forums, 35 State Commissions with apex body as a National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan , A Wing, 5th Floor, Janpath , New Delhi.
Establishment a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district. This consumer court deals with complaints where the value of the goods or services and compensation, if any, claimed is less than twenty lakhs.
Composition of the District Forum. District Forum shall consist of : · Hon’able President-1 · Hon’able Members-2 · Asst. Registrar cum Asst. Administrative Officer-1 · Sheristedar-1 · First Division Assistant-1 · Second Division Assistant-1 · Stenographers-2 · Peon -3
Hon’able President : The Hon’able President of the District Forum will sit in the Court Hall along with Hon’able Members and dispose the original complaint .The President shall exercise the financial powers also. Hon’able Members : The Hon’able Members of the District Forum, one of whom shall be a woman, will sit in the court Hall along with Hon’able President and dispose the original complaint. Asst. Registrar cum Asst. Administrative Officer : The Assistant Registrar cum Assistant Administrative Officer is to discharge the duties of drawing and disbursing officer. He/She has to carry out the directions issued by the Hon’able President as well as the District Forum Bench. Sheristedar : Sheristedar is nothing but Manager of the Office. The Sheristedar shall discharge the work of overall supervision, accounts, filing, disposal, preparing statements, paybills and other work entrusted by the Hon’able President and Assistant Registrar cum Assistant Administrative Officer .
First Division Assistant : The First Division Assistant shall discharge the duties of the Bench Clerk, Pending Clerk and any other work entrusted by the District Forum. Second Division Assistant : The Second Division Assistant shall discharge the duties of Inward and Outward ,indexing of disposed files, record keeper, librarian and any other work entrusted by the Hon’able President of the District Forum. Stenographers : The Stenographers shall discharge the duties of taking the dictation of judgments at court hall and chambers of the Hon’able President and Hon’able Members. Transcription work through computer, recording deposition at court hall through computer and any other work entrusted by the District Forum. Peon : One Peon is attached to the Hon’able President of the District Forum and Court Hall. One Peon is attached to the Office of the District Forum. One Peon is to do the work of night watchman.
Jurisdiction of District Forum Subject to the other provisions of this Act, 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 twenty lakhs . A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction:- a) – 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
b) – 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 either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or c) – the cause of action, wholly or in part, arises . Consumer courts do not have jurisdiction over matters where services or goods were bought for a commercial purpose.
Procedure for filing a compliant : Engagement of Lawyer is not compulsory, the complainant can himself/herself or through a representative represent his/her case. A Complaint is to be filed within two years from the date on which cause of action arose.
A compliant filed before the District Forum shall be accompanied by appropriate fee as specified in the below table, paid in the form of demand draft drawn on Nationalized Bank ,drawn in favour of “ The President, District Consumer Forum,Dharwad “ . Sl.No Total Value of Goods/services and the compensation claimed Amount of Fee payable 1 Upto One Lakh Rupees Rs.100.00 2 Above One Lakh and Upto Five Lakh Rupees Rs.200.00 3 Above Five Lakh and Upto Ten Lakh Rupees Rs.400.00 4 Above Ten Lakh and Upto Twenty Lakh Rupees 12 .
A Compliant should be filed in four sets along with the copies of documents if any to be produced and copies depending on the number of opposite parties are required to be filed .. A Compliant shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to provide the claim made in the compliant.
Case Flow Procedure once it is filed in District Consumer Forum A compliant filed in the District Forum is numbered by the Registrar. The hearing date will be given after 7 days from the date of filing. On the date of hearing, the parties should appear before the District Forum. Daily cause list will be prepared and displayed in court hall, which consist of next date of hearing and the particular stage for which the case has been posted. If the Complainant/Authorized agent fails to appear, the District Forum may in its discretion either dismiss the compliant for default or decide it on merit. If the Opposite party/Authorized agent fails to appear, the District Forum may decide the compliant Ex-parte .
The Compliant shall be decided as far as possible within ninety days from the date of notice received by the opposite party. The Order of the District Forum shall be signed and dated by the President and Members of the District Forum, the certified copy shall be communicated to the parties free of charge for the 1st time only . If in case a party requires an extra copy, it shall be issued to him/her duly certified by the Registry on payment of Rs.20/- irrespective of number of pages. If consumer is not satisfied with the verdict from the District Consumer Court, consumer can appeal in the State Consumer Disputes Redressal Commission within a period of 30 days from the date of order in District Forum.
Particulars of office : Working Hours 10.00 a.m. to 5.30 p.m. from Monday to Saturday ……………………………………………………………………………. Holidays All State Government Holidays and Second Saturday of every month.
Questionnaire 1). The chairman of the district consumer protection council is a. District magistrate b. Collector of the District c. MP of the district d. None of these
2). Which one of the following know as Consumer disputes redressal agency ? a. District forum b. State commission c. National commission d. All the above
3). President of district forum is a. Collector of the district b. A person who are qualified as advocate c. A person who are qualified to be a district judge d. None of these
4). Mark the correct option relating to district forum a. It should have two member , one of whom shall be a woman b. Members age shall not be less than 35 years old c. Possess a bachelors of degree from recognized university d. Ten year knowledge and experience in dealing with problems relating to economics, law, commerce, accountancy, industry& public affairs e. All the above
5). Jurisdiction of district for is rupees a. Exceed twenty lac b. exceed 50 lac c. Up to twenty lac d. twenty to fifty lac
6). The complaint shall ordinarily be decided within a. Twenty one days from the date on which the complaint was received b. Thirty days from the date on which the complaint was received c. Forty five days from the date on which the complaint was received d. No time limit
7). Any person aggrieved by an order made by the District forum may prefer an appeal such order to the State commission within a. 60 days b. 90 days c. 1 month d. Thirty days
8). Provided that the minimum amount of sum so payable shall not be less than ____ of the value of such defective goods sold or services provided, as the case may be to such consumers a. Rs 25000/- b. 10% c. 5% d. None of these
9). Any person prefer an appeal to state commission shall be deposited amount in prescribed manner a. Fifty percent of that amount b. Twenty five thousand rupees c. Whichever is less of the above A&B d. None of these
10). Every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of ____from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within____, if it requires analysis or testing of commodities. a. 3 Months, 5 months b. 45 days, 90 days c. 30 days, 90 days d. None of these