CONSUMERS PROTASION

INTRODUCTIONThe industrial revolution and the development in the international trade and commerceHas led to the vast expansion of business and trade, as a result of which a variety of consumerGoods have appeared in the market to cater to the needs of the consumers and a host of servicesHave been made available to the consumers like insurance, transport, electricity, housing,Entertainment, finance and banking. A well organized sector of manufacturers and traders withBetter knowledge of markets has come into existence, thereby affecting the relationship betweenThe traders and the consumers making the principle of consumer sovereignty almost inapplicable.The advertisements of goods and services in television, newspapers and magazines influence theDemand for the same by the consumers though there may be manufacturing defects orImperfections or short comings in the quality, quantity and the purity of the goods or there mayIs deficiency in the services rendered? In addition, the production of the same item by manyFirms has led the consumers, who have little time to make a selection, to think before they canPurchase the best. For the welfare of the public, the glut of adulterated and sub-standard articlesIn the market have to be checked. Inspire of various provisions providing protection to theConsumer and providing for stringent action against adulterated and sub-standard articles in theDifferent enactments like Code of Civil Procedure, 1908, the Indian Contract Act, 1872, the SaleOf Goods Act, 1930, the Indian Penal Code, 1860, the

Standards of Weights and Measures Act,1976 and the Motor Vehicles Act, 1988, very little could be achieved in the field of ConsumerProtection. Though the Monopolies and Restrictive Trade Practices Act, 1969 arid the PreventionOf Food Adulteration Act, 1954 have provided relief to the consumers yet it became necessary toProtect the consumers from the exploitation and to save them from adulterated and sub-standardGoods and services and to safe guard the interests of the consumers. In order to provide for betterProtection of the interests of the consumer the Consumer Protection Bill, .1986 was introduced inThe Look Saba on 5th December, 1986.

WHO IS THE CONSUMER?

A consumer is an individual, group or an organization that consumes or uses a product for end use purpose or for final consumption. The term ‘customer’ and ‘consumer’ are used interchangeably. However, the customer is the buyer of the Product and he may or may not be the final user of the product.The consumer may or may not be the buyer, but he/she is the user of the product.

According to section 2(1) (d) of consumer protection ACT, 1986 a consumer is defined as follows:

1. Buys any goods for a consideration: any user of such goods when such use is made with the approval of a person who buys goods for consideration.

2. Hires or avails of any services for a consideration: any beneficiary of such services when such services are availed of with approval of the person who hires or avails of any services for consideration.

Consideration had been paid or promised or partly paid or promised, or under any system of deferred payment. There has to be sale transaction for consideration.

What is the consumer protection ACT 1986?The consumer protection Act, 1986 was passed to provide better protection of the interests of consumers and for the purpose of establishing of consumer council and other form for the settlement of the consumer disputes.

Protection of consumer’s right has long been recognized dating back as early as to the year 1824. But protection of consumer right gained importance in April 1985 when the general assembly of the United Nations adopted a set of general guideline (general assembly resolution 39/85) for the protection of the consumers. These guidelines constitute a comprehensive policy framework out-lining what governments need to do promote consumer rights. The framework dealt with:

1. Physical safety2. Protection and promotion of consumer interest.3. Standards for the safety and quality of the consumer goods and

services.4. Distribution facilities for consumer goods and services.5. Measure enabling consumers to location redress;6. Measure relating to specific area(food, water and pharmaceutical)

and7. Consumer education and information programme.

In accordance with the U.N resolution, India enacted, the much needed “consumer protection Act” in year 1986. The main purpose of the act was to protect the rights of the consumer and to grant an effective, inexpensive and speedy remedy to consumer. Also, to provide for better protection of the consumer interests, consumer council has been established.

With growing needs, this Act has been amended in year 1991, 1993 and 2003. In May 2005, consumer protection regulation came into effect. This Act is a social legislation aimed for the public welfare.

One of the most important Acts in recent times.CONSUMERS PROBLEM

In India, consumers face a number of problems. The main problems are as follows:

1. False weight and measure: customers in India are cheated by the traders and others with false weight and measure. The customers are cheated in unorganized as well as in organized markets such as malls, customers are cheated with wrong weight pasted on the packets

2. Poor after-sales-services: after-sales-service is very poor in India .even companies like MNCs in India failed do so. Customers’ have to give constant reminder for after-sales-service. Customers have to get there equipment repaired from third party even in warranty period.

3. Problem of duplicity in goods: in India customers face problem of duplicate goods. Unethical producers duplicate popular brand names to cheats the customers. There is also duplicate in medicinal products in markets.

4. Problem of artificial shortages: some traders are also indulged in making artificial shortages of goods. This is done to hike the prices of the goods and charge very higher rate from the customer. This adversely affects the customer’s budget.

5. unethical advertisement: customers are cheated with false advertisement there several examples of unethical advertisement:*testimonials by professional or personality who do not even use the product.*use of false statistics with figure of sales, ranking or rating by certain research organization of dubious character.

6. Problem of health and safety hazards: Indian customers face Safety and health hazards problem. There are some examples *shopkeeper or trader may also sell products even after expiry Date.

*certain manufacturer duplicate health related products such As medicines. *Manufacturer may use inferior of material in the manufacturing Of item like electrical switch, food items etc.

CONSUMER RIGHTS

1. Right to choose: a consumer should be given open access and freedom to choose from variety of products and services. Right of choice aim at promoting competition and discarding monopoly .but traders and producers for the sake of business hands and allocate market among themselves .this indirectly eliminate the competition and buyer are compelled to buy whatever is available.

2. Right to safety: a consumer has right to be protected against the marketing of goods, which are dangerous to human health and life. Consumer has right assurance from the producer about the quality, reliability and performance of goods. For products like electrical appliances, automobiles, food articles like sweet fast food, cold drinks etc.

3. Right to informed: a consumer has right to be protected against fraudulent, misleading, advertisement, labeling or other practices and to be given facts needed to make proper choice. For example –a consumer is made to believe “made as Japan” is like “made in Japan”. These practices are done in many more ways.

4. Right to be heard: this permit the consumer to register his dissatisfaction or complaint with the company and government. Even today, many business organization and firms show disregard and are indifferent to consumer complaint and protest. This right allows government to pass suitable resolution to intervene and to safeguard the consumers.

5. Right to redress: many times, it so happen that the actual

performance or quality of the product does not match with what is advertisement or stated on package. In order to sell products, manufactures resort tall exaggerated claim. This right enables the

consumer to get his claim settled, if he becomes a victim of exaggerated claims. If it cannot be settled than money is to refund.

6. Right to consumer education: this is another important right of consumer aims at supplying information and educating consumer regularly. It is a continuous process and work to update consumer knowledge about the development in business and industry and changes made in laws affecting consumers’ interest. It can be done through medium of television, radio, hoarding etc.

NEED AND IMPORTANCE OF CONSUMER PROTECTIONThrough consumer movement, the consumers can protect themselves against the malpractices of businessmen.Consumer association can protect consumers in the following ways

(a) Creating consumer awareness through guidance and education.(b) Exerting pressure on businessmen and make them more socially

responsible and responsive.(c) Compelling government to take necessary steps to guarantee the

statutory right of consumer. Consumerism compels the government to enact and to implement consumer law strictly and punish defaulting businessmen found guilty of unethical or illegal business practices.

(d) Encouraging consumer to form cooperative societies, thereby resorting to direct buying and selling of goods.

(e) Consumer association can act as a middleman individual consumer and businessmen. It can pass on complaints and suggestions of consumer to business people for suitable action.

(f) Assisting individual consumer on legal matters i.e. the procedure to be followed in filing a complaint in the court, legal advice and assistance, etc sometimes, association can file a cause on its own if the business action are likely to affect a majority of consumers.

(g) The consumer association can take sample of adulterated food items, analyze its contents and submit the report of its finding to

concerned businessman and government authorities for further action.

REASON FOR ENACTING A SPECIFIC ACT

This act was to give the consumer, protection towards his interest. There were a number of factors, which needed to be changed with time.

i. Doctrine of caveat emptorii. Collective bargaining.

iii. Multiple laws.iv. Hurdles in the litigationv. Remedy

The consumer who was earlier more often referred as to a buyer or acceptor when suffered from a defect or deficiency had to face the following difficulties.

i. Doctrine of caveat emptor: this doctrine ‘caveat emptor’ or ‘buyers beware’ was applicable. This doctrine held the buyer totally responsible, although the seller was aware of the defect or deficiency. This doctrine stated, “The buyer must keep his eyes and ears open and mind active while buying”. The buyer has to be responsible and cautions.

ii. Collective bargaining: the seller lobby was strong while Buyers were individuals. It was very difficult for an individual buyer fight the sellers.

iii. Multiple laws applicable: the number of laws prevailing were innumerable, like

(a) The Indian contract Act, (b) The sale of goods Act,(c) The essential commodities Act,(d) Prevention of food adulteration Act, and(e) Water Act, and so on.

Example: a person buys a bottle of water. If it were contaminated by the poor quality of plastic container, which law would apply?This confusion caused a lot of difficulties to the already aggrieved buyer.

iv. Hurdles in the litigation: in the above example, if the person falls ill due to contamination of water, he should only go to the regular court for a remedy. Go to the regular court was both expensive and time consuming. This was an additional burden on the innocent buyer. This was in addition to the physical and mental agony.

v. Remedy: the buyer if successful in winning the battle would generally get a remedy in the form of punitive and deterrent measure i.e. the guilty seller would be punished (punitive) and it would put fear in the mind of likeminded seller (deterrent). However, this did not satisfy the innocent buyer who has already suffered physically, mentally and monetarily.

Because of the above difficulties, the innocent buyer was reluctant to seek remedy, although he was the injured party, resulting in the seller resort to more and more unfair practices.

Therefore, a need was felt to provide the innocent consumer a remedy, which was quick, easy, least costly, effective and compensatory in nature, keeping these in view, the Consumer Protection Act, 1986, was enacted.

OBJECT AND REASON

1. The right to be protected against marketing of goods, which are Hazardous to life and property.

2. The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the c0onsumer against unfair trade practices.

3. The right to be assured, whenever possible, access to variety of goods at competitive price.

4. The right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums.

5. the right to se4ek redressal again unfair trade practice or unscrupulous exploitation of consumer, and

6. Right to consumer education. The following right have been added by amendment Act, 1993 and 2002 respectively.

7. the right to be protected from unfair trade practices as defined under section, 36A of MRTP Act, 1969 and

8. Protection from spurious goods or offering such goods for sale or adapting deceptive practices in the provision of services.

CONSUMER PROTECTION COUNCILS

Introduction: the object of the Act states “The Consumer Protection Bill, 1986 seeks to provide better protection of the interest of consumer and for that purpose, to make provision for the establishment of consumer councils”. This reiterated in the objects the Act as “The right to be heard and to be assured that consumer interests will receive due consideration at appropriate forums”. Councils are set up at national, state and district level. The resolutions passed by councils are only recommendatory in nature.

CENTRAL CONSUMER PROTECTION COUNCIL

Membership: the central council shall consist of 150 members namely: The minister in charge of department of civil supplies, who shall

be the chairman of the central council and deputy minister, shall be the vice chairman of the central council.

8 members of parliament.

20 representatives of the central government department and autonomous organization concerned with consumer interest.

Not less than 35 member of consumer’s organization.

Representatives of women not less than 10.

Representatives of farmers, trade and industries not exceeding and others.

Term of office:

The term of the central council is three years. Any members may resign before his tenure. The vacancy so caused

or otherwise, shall be filled from the same category and such person shall hold office as long as the member, in whose place he has joined, would have been entitled to hold.

Procedure of meeting:

Although the council may meet as and when necessary, but at least one meeting shall be held every year.

The time and place shall be at the discretion of the chairman. Every member shall be given not less than 10 days notice in

writing. The notice shall specify the place, day band hour of the meeting

and shall contain statement of business to be transacted. No quorum is required as the resolution passed as only

recommendatory.

Object of central council:

The right to be protected against marketing of goods, which are Hazardous to life and property.

The right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the c0onsumer against unfair trade practices.

The right to be assured, whenever possible, access to variety of goods at competitive price.

The right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums.

the right to seek redressal again unfair trade practice or unscrupulous exploitation of consumer, and

Right to consumer education.

State consumer protection council:

Composition:

Every state shall constitute its own state council. The state council shall consist of:

(a) The minister in charge of consumer affairs in the state government who shall be chairman.

(b) The government may prescribe such number of official or non official member representing such interest as required.

(c) Such number of other official or non official members, not exceeding 10 as may be nominated by the central government.

Term of office:

(a) The term of the state council is determined by the state concerned.

(b) Any member may resign before his tenure. The vacancy shall be filled from the same category and such person shall hold official as long as the member, in whose place he has joined, would have been entitled to hold.

Procedure for meeting:

(a) The council may meet as and when necessary. However minimum 2 meeting a year must held.

(b) The place, date and time of meeting shall be at the discretion of the chairperson.

(c) The state government may prescribe the procedure for the meeting.

(d) The recommendations of the state council are recommendatory in nature.

Object of the state council:

The objects of every state council shall be to promote and protect within the state, it also follows same object as central council follows.

District consumer protection council:

The parent Act did not have any provision for setting up of council. It was introduced in 2002. Every state shall establish district council for every district.

Composition:

(a) The collector of the district (by whatever name called) as the chairman.

(b) Such number of official and non official member as the state government deems fit.

Procedure of meeting:

(a) Minimum 2 meeting must be held in a year.(b) The place, date and time of the meeting shall decided by the

chairman.

(c) The state government may prescribe the procedure with regard to the transaction of its business.

(d) The resolutions passed are recommendatory in nature.

Objects:

The objects of the district council are similar to that central and state council. CONSUMER REDRESSAL AGENCIES

They are:(1) district forum (2) state commission(3) national commission

These agencies are judicial in nature. Any person aggrieved under this act is required to approach the above-mentioned agencies as stipulated in the act. However under the constitution of India, every citizen has the right to legal remedies i.e., the right approach the regular court. This right cannot be the totally deprived to the citizen by this act. Hence, where a citizen is unhappy even with decision of the highest redressal agency under this ACT. Namely the national commission, he can approach to Supreme Court. The aim is to ensure the aggrieved person get timely and effective remedy with least burden both monetarily as well as physically and at the same time not a burden the already over burdened court.

DISTRICT FORUM

Establishment:

Each state government shall set up district forum in each district of their state. When necessary, more than one district forum may establish in a district. E.g. in Mumbai there three district forum.

Composition: each district shall have -

(a)A person who is, or has been, or is qualified to be a district judge who shall nbe3 its president.(b) Two other members, one of whom shall be a woman

Qualification: the person must; (a) Be less than 35 years of age

(b) Possess a bachelor’s degree from a recognize university

(c) Be person of ability, integrity and standing, and have adequate knowledge and experience of at least 10 years in dealing with problem relating to economics, law, commerce, accountancy, industry, public affairs of administration.

Disqualification: he is disqualified, if he (a) Has been convicted and sentenced to imprisonment for an Offence which, in the opinion of the state government, involve moral turpitude, or

(b) Is an undercharged insolvent, or

(c) Is of unsound mind and stand so declared by a competent court, or

(d) Has been removed or dismissed from the service of the government, such financial or other interest as is likely to affect prejudicially the discharge by him of his function as a member, or

(e) Has other disqualifications.

Selection committee: Every appointment is made by the state Government on recommendation of selection committee comprising of: (a) The president of state commission -chairman (b) Secretary, law department of the state -member

(c) Secretary, in charge of the department of consumer affairs in the state -member In case the president of the state commission is absent or unable to act, then the chief justice of the state can nominate a sitting judge as chairman.

Term and condition:

Every member of the district forum shall hold office for a term of 5 years or up to the age of 65 years whichever is earlier The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the member shall be such as prescribed by the state government.

Remedies:

The district forum has the power to order one or more of the following remedies:

a) To remove the defect. b) To replace the goods.c) To return the price.d) To pay compensatione) To remove defect or deficiencyf) To discontinue trade practice.g) To prevent hazardous goods from being offered for sale,h) To cease manufacturing of hazardous goods.i) To pay sum as determined by the forum.j) To grant punitive damages.

Power and procedure:

a) Every complaint shall be accompanied with such amount to fee and payable in such manner as prescribed.

b) The forum within a period of twenty-one days from the date of receipt of complaint must decide regarding the admissibility of complaint. In case of rejection of the complaint at the stage of

admission, an opportunity of being heard must be given to the complaint. This has been added by an amendment in 2002.

c) On admission of the complaint, a copy shall be referred to the opposite party, within 21 days from the date of admission. The opposite party is given 30 days or a further extension period, not exceeding 15 days and directing him to give his version of case.

d) Where proper testing of goods is necessary, sample of goods shall be sent to the laboratory for testing. The laboratory shall report the finding within 4-5 days of receipt or within such extension period to the district forum. However the complainant will have to deposit such fees for payment to the laboratory.

e) A copy of the finding shall also be forwarded to the opposite party for information and reply to the same

f) Thereafter the forum after giving reasonable opportunity to the complaint as well as the opposite party, well pass appropriate order.

g) Where the goods require no analysis or is not possible to send for analysis. The opposite party, as in the above is given 30 days or a further extended period not exceeding 15 days to submit their version. Thereafter forum shall hear the complaint and the opposite party and pass appropriate order.

h) The forum shall deal with complaints expeditiously, where no analysis or testing is require, the forum shall decide within three months from the date of receipt of notice to the opposite party and within five months where analysis or testing is necessary. In case of delay beyond the stipulated period, reasons shall be recorded.

i) The forum has the power to pass such interim order as is and proper.

j) For the purpose of trial, forum shall have the same power as vested in a civil court.

k) Complaints must be lodge within 2 years of the cause of action.

Jurisdiction:

The district forum can exercise two kind of jurisdiction:

(a)Monetary or pecuniary jurisdiction: the forum can entertain c complaints where the value of goods or value of services and the compensation claim and not exceed rupees 20 lakhs. The jurisdiction is on the basis of the value of the goods or services.

(b) A complaint shall be instituted in district forum within the local limits of whose jurisdiction.

i. The opposite party resides or carries on business or has a branch office or work for gain, or

ii. Where the opposite parties are more than 1 in number, at least 1 of them resides or carries on business or has a branch office or work for gain within the area of jurisdiction of the forum consent of other parties is necessary, or

iii. The cause of action wholly or partly arises within the territorial jurisdiction of the forum.

STATE COMMISSION

Establishment:

The state commission, which is also known as “consumer dispute redressal commission” is established by the state government. The commission is generally located in the state capital of the state. The area of operation is the state. However circuit benches may be constituted.

Composition:

Each state commission shall consist of a president and member. The minimum number of the member is 2 and cannot exceed more than the number prescribe by the state. One of the members shall be the woman.

Qualification:

a) Chairman: chairman of the state commission must be a person who has been a judge of a high court. The appointment shall be made only with the consultation of the chief justice of the high court.

b) Member: member must have the qualifications, namely;

i. Be not less than 35 years of age.ii. Possess a bachelors degree from a recognized university,

iii. Be person of ability, integrity and standing, and have adequate knowledge and experience, at least 10 years in dealing with problem relaying to economics, law, commerce, accountancy, industry, public, affairs or administration, and

iv. Not more than 50 per cent of the member shall be form amongst persons having a judicial background.

The expression “person having a judicial background” shall mean

persons having knowledge and experience for at least a period of 10 years as a presiding officer at the district level court or any tribunal at equivalent level.

Disqualifications:

The following person shall be disqualified for appointment as a member. If he

a) Has been convicted and sentenced to imprisonment for an offence which involve moral turpitude, or

b) Is an undischarged insolvent, or c) Is of unsound mind, or d) Has been removed or dismissed from the service of the

government, or a body corporate or controlled by the government, or

e) Has in the opinion of the state government, such financial or other interest, as is likely to affect prejudicially the discharged by him of his function as a member, or

f) Has such other disqualification as may be prescribed by the state government.

Selection committee:

Every appointment is made by the state government on the recommendation of the selection committee comprising of:

a) The president of the state commission -chairman.b) Secretary, law department of the state - member.

c) Secretary, in charge of the department of consumer affairs in the state-member.

In case the president of the state commission is absent or is unable to act, then the chief justice of the state can nominate a sitting judge as chairman.

Terms and condition:

The president shall be appointment only in consultation with the chief justice of the high court. The president and member, of the state commission shall hold office for a term of 5 years or up to the age of 65 years, whichever is earlier. The state government shall decide the salary or honorarium, place of sitting, timing, vacation etc.

Jurisdiction:

The state commission exercises the following jurisdiction:(a) Original jurisdiction: means the case is filed in the state

commission directly. It can be on monetary basis or on territorial basis.

Monetary or pecuniary jurisdiction is where the value of goods or services and value of compensation claimed exceed twenty lakhs but does not exceed 1 crore of rupees.

(b) Territorial jurisdiction: a complaint shall be instituted in a state commission within the limits of whose jurisdiction.

i. The opposite party resides or carries on the business. has a branch office or personally works for gain, or

ii. Where there are more than one opposite parties; at least one of whom reside or carries on business or has a branch office or personally works for gain and the consent of those parties who are outside the jurisdiction is obtained or the state commission grants permission or

iii. The cause of action wholly or partly arises.

(c)Appellate jurisdiction: the state commission shall have jurisdiction to entertain appeals again the order of any district forum. However, the appeal has to be preferred within 30 days of the order passed by the district forum. The state commission may entertain appeal after the said period if satisfied. No appeal shall be entertained by a person, who is required to pay any amount in term of an order or the district forum, unless he deposits 50% of that amount or 25 thousand rupees whichever is less, with the commission. The commission shall Endeavour to dispose of the appeal within ninety days.

(d) Revision jurisdiction:

The state commission shall exercise the power of revision Under the following circumstances;

i. Has been decide when matter is pending before the district forum;

ii. Has been decide by the district forum, but appear to the state commission that the district forum.

1) Has exercise jurisdiction not vested with it, or2) Has failed to exercise jurisdiction not vested, or3) Has acted in the exercise of its jurisdiction illegally or

with material irregularity.

(e) Supervisory jurisdiction:

i. The state commission shall have administrative control over all the district forum within its jurisdiction

ii. In exercise of this power, the state commission can call for any district forum within its jurisdiction, issue instruction, and oversee the functions of the district forum.

Power and procedure:

The power and procedure are same as the district forum with such modification as may be considered necessary.

Remedies:

Same as those permitted by the district forum.

Circuit benches:

The state commission shall ordinarily function in the state capital. The state government in consultant with the state commission may perform its function at such other places. These benches shall comprise of the president and one or more members.

NATONAL COMMISSION Establishment:

The national commission, which is also known as “national commission”, is established by the central government. It is set up at New Delhi. However, the president of the commission may constitute a bench with one or more member.

Composition:

The national commission shall consist of a president and members. The minimum number of members is 4 and shall not exceed 9. One of the members shall be women. Qualification:

a) President must be a person who is or has been a judge of the Supreme Court. The appointment is made with the consultant of chief justice of India.

b) Members of the national commission shall have the following qualification, namely

i. Be not less than 35 years of ago,ii. Possess a bachelor’s degree from the recognized university

iii. Be person of ability, integrity and standing and have adequate knowledge and experience of at least 10 years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, and

iv. Not more than 50% of the members shall be from amongst the person having judicial background.

Disqualification:

The following person shall be disqualified for appointment as members, if any

(a) Has been converted and sentenced to imprisonment for an offence, which in the opinion of the central government, involve moral turpitude, or

(b) Is an undercharged insolvent, or (c) Is of unsound mind declared by a competent court, or(d) Has been removed or dismissed from the service of the

government or a body corporate owned or controlled by the government, or

(e) Has, in the opinion of the central government, such financial or other interest as is likely to affect prejudicially the discharged by him of his function as a member, or

(f) Has such other disqualification as may be prescribe by the central government.

Selection committee:

All appointment to the national commission shall be made by the central government on the recommendation of the selection committee comprising of;

(a) A judge of the supreme court nominate by the chief justice of India who shall be the chairman;

(b) The secretary in the department of legal affairs in the government of India who shall be a member;

(c) Secretary of the department dealing with consumer affairs in the government of India who shall also be a member.

Term and conditions:

Every member of the commission shall hold office for a term of 5 years or up to the age of 70 years whichever is earlier. The salary and honorarium and other allowance payable shall be as prescribe by the central government. The working hours, vacation, leave etc. shall be as prescribe by the central government.

Jurisdiction:

The national commission exercises four kind of jurisdiction, namely:(a) Original jurisdiction: the national commission exercise original

jurisdiction where the value of goods or services and compensation if any exceed rupees 1 crore. This is also

called as pecuniary or monetary jurisdiction.(b) Appellate jurisdiction: the national commission shall have

jurisdiction to entertain appeal against the order of state commission. Appeal has to be proffered within 30 days of the order passed by the state commission. Appeal may be entertained beyond the said period of 30 days, if the commission is satisfied. However no appeal shall be entertained by a person, who is required to pay amount in term of an order of state commission unless the appellant has deposited in the prescribed manner 50% of the amount or 35 thousand rupees, whichever is less. The commission shall Endeavour to dispose of the appeal within the appeals within 90 days.

(c) Revisional jurisdiction: the revisional jurisdiction exercise by the national commission is similar to that exercise by the state commission.

(d) Supervisory jurisdiction:

i. The national commission shall exercise administrative control over all state commissions.

ii. In the exercise of this power, the national commission can call for records of any information from any state commission, issue instruction and oversee them.

iii. The commissions oversee the function of the state commission and the district forum in order to ensure the objectives of the Act are best served.

Power and procedure:

The power and procedure are the same as that of the district forum with such modification as necessary. The matter shall be decided by the president or senior most members and least by two members.

Remedies:

Same as those permitted by the district forum.

Circuit benches:

The national commission shall function in place other than in Delhi where the apex commission hold is sitting. These benches shall comprise of the president and one or more members. (Incorporate by an amendment in 2002) by a notification in 2004 it was held circuits benches shall be functioning at eleven place viz. Ahmedabad, Allahabad, Bangalore, Bhopal, Hyderabad, Jodhpur, kolkata, Lucknow, Nagpur and Pune.