Redressal mechanism as per consumer protection act

REDRESSAL MECHANISM AS PER CONSUMER

PROTECTION ACT By:-

Reema Shukla

Anand Thorat

Triveni

Rishi Mehta

Nandita Sadani

Hari Divya

CONSUMER PROTECTION ACT Caveat Emptor Rule ( let the buyer beware) in sale of goods

act of 1930, sprout the root of consumer interest protection.

United nations passed resolution of consumer protection in april 1985.

In India 1986 was the enactment of consumer protection act.

Aimed at providing simple, quick, and cheaper protection of consumers interest.

Section 2(1)(d)(ii) of the act

“Consumer” means any person who hires

or avails of any services for a consideration

which has been paid or promised or partly

paid and partly promised or under any system

of deferred payment.

IMPORTANCE Business is a means of human welfare

Growth with social justice

Single vs. multiple objectives

Stakeholder approach

Power centre

Self interest

Customer is the purpose of the business

Ethical obligations

Public support

Principle of trusteeship

CONSUMER RIGHTS

Right to SafetyRight to be InformedRight to ChooseRight to be HeardRight to Seek RedressalRight to Consumer EducationRight to Basic Needs Right to healthy environment

CONSUMERS RESPONSIBILITIES Consumer must exercise his

rights. Cautious consumer. Filing complaint for the

redressal of genuine grievances. Consumer must be quality

conscious. Advertisements often

exaggerate Insist on cash memo .

WAYS AND MEANS OF CONSUMER PROTECTION

Lok AdalatsPublic interest litigation Environmentally friendly productsRedressal forums and consumer protection councilsNational youth award on consumer protection Publicity measuresConsumer welfare fund

REDRESSAL MECHANISM

The Act envisages a three- tier quasi-judicial machinery at the National, State and District levels. National Consumer Disputes Redressal Commission -National Commission. (Exceeding 1 Crore)State Consumer Disputes Redressal Commissions - State Commission. (> Rs. 20 Lakhs < Rs. 1 Crore)District Consumer Disputes Redressal Forums - District Forum. (< Rs. 20 Lakhs.)

DISTRICT CONSUMER DISPUTES 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)].

STATE CONSUMER DISPUTES 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)].

NATIONAL CONSUMER DISPUTES 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:

i. be not less than 35 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 economic, law, commerce, accountancy, industry, public affairs or administration [Section 20].

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].

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.

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].

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.]

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.

CONSUMER GRIEVANCE REDRESSAL CELL (CGRC) AND CONSUMER COORDINATION

COUNCIL (CCC) The department had set up a Consumer Grievance Redressal Cell

(CGRC) in February 2002, for providing services for redressal of complaints of the consumers belonging to the following categories: Sale of defective goods or deficient services and charging of higher prices, etc..

Also, complaints regarding delay in disposal of pending cases with the various districts/States/National Commission were received and processed and necessary follow up action were taken up as pro-active measures in order to redress their grievances to their satisfaction. The Redressal Cell had received 2272 complaints up to 31st March 2007. These complaints were forwarded to the Consumer Coordination Council (CCC) for redressal regarding replacement of goods, re-installation of telephone/electricity, rectification of wrong bills, possession of allotted flats, payment of amounts due to the investors on maturity, etc.The Consumer Grievance Redressal Cell and Consumer Coordination Council do not have any statutory powers to take action on the complaints of consumers. Hence, they forward the complaints to the concerned authorities to get the redressal.

HOW TO FILE A COMPLAINT ?

On plain paper , contents of a Complaint :-

1. The name, description and the address of the complainant.

2. The name, description and address of the opposite party or parties.

3. The facts relating to complaint and when and where it arose .

4. Documents in support of the allegations contained in the complaint.

5. The relief, which the complainant claims.

6. The complaint should be signed by the complainants or his authorized agent.

A complaint can be filed in person, through agent/lawyer, or by Registered Post A.D.

Nominal court fee.

FEE FOR FILING A COMPLAINT [Section 12(2)]S.No

Value of goods or services and the compensation claimed

Amount of fee payable

1. Up to 1 lakh Rs.

Rs. 100.00

2. >=1 Lakh Rs. but < 5 lakh Rs.

Rs. 200.00


Rs. 400.00


Rs. 500.00

In the form of crossed Demand Draft drawn on a nationalized bank or through crossed Indian Postal Order drawn in favour of the Registrar of the State Commission and payable at place where the State Commission is situated. The concerned District Forum shall deposit the amount of fee so received in the State Government Receipt Account [Rule 9-A]

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.

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.

EXTENT AND COVERAGE OF CONSUMER PROTECTION ACT

Applies to all goods and services unless specifically exempted - Central Government.

Covers all sectors ( private, public or cooperative). The provisions of the Act are compensatory in nature. The provisions of this Act are in addition to and not in

derogation of the provisions of any other law for the time being in force.

The Act envisages establishment of Consumer Protection Councils at the Central and State levels, whose main objects will be to promote and protect the rights of the consumers.

Applies to all states – Except Jammu and Kashmir. A suit pending in civil court cannot be heard in

consumer court

SUGGESTIONS OR OPINIONS

Purchase products only after their complete scrutiny -not of attractive advertisements.

Check on weighing and measuring instruments used by traders.

Avoid buying fruits and vegetables from unhygienic place.

Check print of MRP on the packet. Check the quantity as per the figure printed on

the packet. Check the expiry date of the product,

particularly that of eatables and medicines. Always collect bill at the time of purchase.

QUESTIONS

THANK YOU