Types Of Consumer Redressal Machinaries And Forums

Types Of Consumer Redressal Machinaries And Forums

1. TYPES OF CONSUMER REDRESSAL MACHINERIES AND FORUMS Submitted To : Ms. Mamta Sharma AMITY SCHOOL OF INSURANCE, BANKING AND ACTUARIAL SCIENCES Submitted To : Apurva Jha (I&B) Sujit Kumar Bhowmick (I&B) Rahul Gupta (I&FP) Rishebh Clement (I&FP)

2. Meaning of Consumer An individual who  buys products  or  services for  personal  use and not for manufacture or resale. A consumer is someone who can  make the  decision   whether or not to purchase an item at the store, and someone who can be influenced by   marketing  and advertisements. Any time someone goes to a store and purchases a toy, shirt, beverage, or anything else, they are  making  that decision as a consumer.

3. Consumer R edressal M achineries and F orums For enforcement of the rights of the consumers, the Act has created special consumer Courts. As Act provides for a three-tier consumer grievance redressal machinery with the District Forums at the base, the Slate Commission at the middle level and the National Commission at the apex level. The State and national level bodies also function as appellate authorities. Any verdict given by the National Commission can be challenged in the Supreme Court.

4. Three-Tier Grievance Redressal Machinery & Forums

5. Making a Complaint

6. DISTRICT CONSUMER REDRESSAL FORUM Pecuniary Jurisdiction: Value of goods or services and compensation, if any, claimed < Rs 20 lakhs [Section 11]. Composition: Its President shall be a person who is, has been, or is qualified to be a District Judge appointed by State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 10 ]. Term of office: For 5 years or up to age of 65 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 10(2)].

7. STATE CONSUMER REDRESSAL COMMISSION Pecuniary Jurisdiction: Value of goods or services and the compensation, if any, claimed > Rs 20 lakhs but < Rs 1 crore [Section 17]. Composition: Its President shall be a person who is or has been a Judge of High Court appointed by the State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 16]. Term of office: For 5 years or up to age of 67 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 16(3)]. Circuit Benches: The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may in consultation with the State Commission notify from time to time [Section 17B)].

8. NATIONAL CONSUMER REDRESSAL COMMISSION Pecuniary Jurisdiction: Value of goods or services and the compensation, if any, claimed > Rs 1 crore [Section 21]. Composition: (a) Its President shall be a person who is or has been a Judge of Supreme Court appointed by the Central Government. (b) Not less than 4 and not more than such number of members and at least one them shall be a woman, who shall have qualifications, namely: be not less than 35 years of age, possess a bachelor’s degree from a recognized university and be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 20].

9. CONTINUED… Term of office: Every member shall hold office for a term of 5 years or up to age of 70 years whichever is earlier. A member shall be eligible for reappointment for another terms of five years within the specified age limit [Section 20(3)]. Circuit Benches: The National Commission shall ordinarily function at New Delhi but may perform its functions at such other place as the Central Government may in consultation with the National Commission notify from time to time [Section 22C].

10. PROCEDURE FOR FILING THE APPEALS Appeal against order passed by the District Forum  State Commission State Commission  National Commission National Commission  Supreme Court Within a period of 30 days from the date of an order. An appeal may be entertained after expiry of period provide Forum/Commission concerned is satisfied with cause of delay. Procedure for filing an appeal is the same as that of complaint, except that the application should be accompanied by the orders of the District Forum or the State Commission or the National Commission, as the case may be. The reasons for filing the appeal should be clearly specified.

11. FEE FOR FILING AN APPEAL An appeal before State Commission  50 % of the amount to be paid to the complainant in accordance with order of a District Forum or Rs 25,000.00, whichever is less [Provision to Section 15]. An appeal before National Commission  50 % of the amount to be paid to the complainant in accordance with order of a State Commission or Rs 35,000.00, whichever is less [Provision to Section 19]. The amount shall be remitted in the form of Demand Draft drawn on a national bank in favour of the Registrar, National Commission payable at Delhi [Rule 14-A]. An appeal before the Supreme Court can only be filed after the appellant has deposited fifty per cent of the amount that he is required to pay to the complainant in accordance with order of a District Forum or Rs 50,000.00, whichever is less [Provision to Section 23]. The amount shall be remitted in the form of Demand Draft drawn on a national bank in favour of the Registrar, Supreme Court payable at Delhi [Rule 16].

12. HEARING OF APPEAL An appeal filed before the State Commission or the National Commission shall be heard as expeditiously as possible and an endeavor shall be made to finally dispose of the appeal within a period of 90 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 . Provided Further that the State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment as maybe provided in the regulations made under this Act. Provided Also that in the event of an appeal being disposed of after the period so specified, the State Commission or, the National Commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal.

13. TIME SCHEDULE FOR DISPOSAL OF COMPLAINTS/APPEALS Every complaint  decided within  3 months from the date of receipt of notice by opposite party, where there is no requirement for testing of sample etc. In the event of such a requirement, the prescribed time is 5 months. Appeals  disposed of within a period of 90 days. The Forum shall make such orders as to the cost occasioned by the adjournment If a complaint/appeal is disposed of after the specified period, then the Forum/Commission shall record in writing reasons for the delay.

14. WHO CAN FILE A COMPLAINT ? A complaint in relation to any goods or services may be filled by-  A consumer or Any voluntary consumer association registered under the Companies Act, 1956 (1of 1956)or under any other law for the time being in force or The Central Government or any State Government; or One or more consumers, where there are numerous consumers having the same interest or In case of death of a consumer, his legal heir or representative . NOTE :- A power of attorney holder cannot file a complaint under the Act. 

15. Information Required for a Complaint Name and full address of complainant Name and full address of opposite party Description of goods and services Quality and quantity Price Date & proof of purchase Nature of deception Type of redressal requested

16. LIMITATION PERIOD FOR FILING A COMPLAINT District Forum or State Commission or the National Commission within 2 years from the date on which the cause of action has arisen. The Forum/Commission concerned can overlook the delay for recorded reasons [Section 24A].  Appeals are require to be filed within 30 days from the date of receipt of the court's order. It may be noted that these time frames are not absolute limitations. If the Consumer Forum is satisfied that there was sufficient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condensation of delay.

17. GRIEVANCE REDRESSAL SYSTEM

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