Types of Redressal Forums for Consumers
The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels.
National Consumer Disputes Redressal Commission:
It is known as "National Commission" deals with complaints involving costs and compensation higher than Rs. One Crore.
State Consumer Disputes Redressal Commissions:
It is known as "State Commission, deals with complaints involving costs and compensation higher than Rs. Twenty Lakhs and less than Rs. One Crore.
District Consumer Disputes Redressal Forums:
It is known as "District Forum, deals with complaints involving costs and compensation less than Rs. Twenty Lakhs.
Jurisdiction:
If the cost of goods or services and compensation asked for is up to rupees twenty lakh ,then the complaint can be filed in the District Forum which has been notified by the State Governmentfor the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located.
If the cost of goods or services and compensation asked for is more than rupees twenty lakh , but less than rupees one crore then the complaint can be filed before the State Commission notified by the State Government or Union Territory Concerned.
If the cost of goods or services and compensation asked for exceed rupees one crore then the complaint can be filed before the National Commission at New Delhi.
Composition:
Each District Forum shall consist of:
1. A person who is, or who has been or is qualified to be, a District Judge, who shall be its President;
2. Two other members, one of whom shall be a woman, who shall have the following qualifications, namely:-
i) be not less than thirty-five years of age,
ii) posses a bachelor's degree from a recognized university,
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:
Each State Commission shall consist of:
A) A person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President : Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;
B) Two other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman :
The National Commission shall consist of:
A) A person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President:1[Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;
B) Not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:
i) be not less than thirty-five years of age;
ii) possess a bachelor's degree from a recognized 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.
Relief available to Consumer:
Depending on the facts and circumstances, the Redressal Forums may give order for one or more of the following relief:
1. Removal of defects from the goods.
2. Replacement of the goods.
3. Refund of the price paid.
4. Award of compensation for the loss or injury suffered.
5. Removal of defects or deficiencies in the services;
6. Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them.
7. Withdrawal of the hazardous goods from being offered to sale. Or
8. Award for adequate costs to parties.
Limitations:
The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which cause of action has arisen.
0 Comments