consumer protection act 1986-presentn
TRANSCRIPT
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CONSUMER DISPUTES REDRESSAL
AGENCIES
1. Consumer Disputes Redressal Forum:
Known as District Forum
2 Consumer Disputes Redressal
Commission: Known as State
Commission
3. National Consumer Disputes Redressal
Commission established by Central
Government. Sec. 9.
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A person who is or who has been or is qualified tobe District Judge who shall be its President.
Two other members who shall be persons of
ability, integrity and standing and have adequateknowledge in dealing with problems relating to
economics, law, commerce, accountancy, industry,
public affairs or administration one of who shall be
woman. Every member of the District forum shall hold office
for a term of 5 years or upto the age of 65 years
whichever is earlier.
COMPOSITION OF DISTRICT
FORUM Sec. 10
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JURISDICTION OF DISTRICT FORUM
Sec.11
COMPLAINTS: 1. where the value of the goods or
services and the compensation claimed
does not exceed 5 lakhs. 2. a complaint shall be instituted in a
District Forum within local limits of whose
jurisdiction the opposite party carries onbusiness.
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MANNER IN WHICH COMPLAINT SHALL
BE FILED Sec.12
1. The consumer to whom such goods are
sold.
2 Any recognised consumer association.
3. One or more consumer where there
are numerous consumers having the same
interest.
4. The Central or State Government.
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PROCEDURE ON RECIEPT OF
COMPLAINT-Sec 13
a).Distt. Forum shall refer a copy of complaint toopposite party directing him to reply within 30days.
b) in case of denial by opposite party the Distt.Forum shall proceed to settle the consumerdispute.
c) Where the complaint alleges a defect in the
goods which cannot be determined withoutproper analysis or test of goods, it can refer toappropriate Lab. For testing.
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d) Fees to be paid by complainant
e) To make payment to lab and send copy toopposite party.
f) In case of dispute with regard tocorrectness of report, the district forum
may require to submit objection in writingg) The district forum will give opportunity to
complainant as well as opposite party of
being heard as to the correctness orotherwise of the report of laboratory andissue appropriate orders.
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2. If the complaint received relates togoods in respect of which the procedure
specified above cannot be followed, or ifcomplaint relates to any services
(a) refer a copy of complaint to oppositeparty to reply within 30 days.
(b) in case of denial, the District Forumshall proceed to settle the consumerdispute.
(i) on the basis of evidence brought to itsnotices by the complainant and oppositeparty.
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(ii) on the basis of evidence brought to its
notice by the complainant where opposite
party omits or fails to take any actions torepresent his case within time prescribed.
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3. No proceeding shall be called in
question on the ground of principle of
natural justice.
4. The District Forum has the powers of
Civil Court under code of civil
procedure1908.
5. Every proceeding before Distt. Forum
shall be deemed to be a judicial
proceedings.
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FINDINGS OF DISTRICT FORUM
SECTION 14.
If Distt. Forum is satisfied that the goods
complained suffers from any of the defects
specified in the complaint, it shall issue an
order to the opposite party directing him todo one or more of the following things:
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(a) to remove defects
(b) to replace the goods
(c) to return complainant to the price
(d) to pay compensation
(e) to remove defects
(f) to discontinue unfair trade practices
(g) not to refer the hazardous goods forsale
(h) to withdraw hazardous goods (i) to provide adequate cost to party
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APPEAL UNDER SECTION 15;
Any person aggrieved by an order of Distt.
Forum may prefer an appeal to State
Commission within a period of 30 days.
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COMPOSITION OF STATE COMMISSION U/S 16
Each State Commission shall consist of
1) (a) a person who is or has been a judge of HighCourt, who shall be its President.
(b) two other member as in case of Sec. 10(1)(b). Provided that every appointment made
under this clause shall be made by the selectioncommittee consisting of following:
i) President of State Council Chairman.
ii) Secretary of Law Deptt. State Govt.
iii)Secretary in charge of- Consumer affairs2) As prescribed by the government.
3) State commission shall hold office for 5 years.
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JURISDICTION OF STATE
COMMISION-SEC 17.
Commission has jurisdiction
a) To entertain
i) Complaint of value 5 lacs to 20 lacs.ii) Appeal against the order of Distt. Forum
b) To call for records where Distt. Forum
exceeded power as alleged.
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PROCEDURE APPLICABLE TO
State commission.
Procedure applicable to state commission:
The provisions of S.12, 13, 14 and Rules
made thereunder for disposal of complaintsby District Forum shall be applicable to the
disposal of disputes by state commission.
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APPEAL SEC-19
Appeal to National Commission within a periodof 30 days.
COMPOSITION OF NATIONAL COMMISSION
Section 20(1):
(a) a person who is or has been a judge ofSupreme Court who shall be preside t.
(b) 4 other members as prescribed U/S 10(1)(b)
Provided their appointment shall be made byselection committee consisting of the following:
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(a) a person who is judge of Supreme
Court
(b) Secretary, Deptt. Of Legal Affairs
Secretary, Deptt. Of consumer Affairs
SALARY; As prescribed by Govt.
Members of Commission shall hold office
for a period of 5 years or upto age of 70years whichever is less.
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APPEAL UNDER SECTION 23 Any person aggrieved by the order of NC
may prefer an appeal to the SupremeCourt within a period of 30 days.
LIMITATION PERIOD Sec. 24-A
The Distt. Forum
State Commission or
National Commission - shall not admita complaint unless it is filed within twoyears from the date on which the cause of
action has arisen.
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ADMINISTRATIVE CONTROL
U/S 24 B (1) The National Commission shall have administrative
control over all the State Commissions in the followingmanners:
(i) Calling for periodical returns regarding institution,
disposal, tendency of cases (ii) Adoption of uniform procedure
(iii) Generally overseeing the functioning of the StateCommission , Distt. Forum to ensure that the objects andpurpose of the Act are best served.
The State Commission shall have administrative controlover all Distt Forums.
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ENFORCEMENT OF ORDERS
Enforcement of orders by the Forum,State
commission, and the National commission under
sec. 25 : In the same manner as if it were made
by a a Court in a suit pending therein It shall be lawful for Forum, Commission or N.C.
to send orders to Courts within local limits of
whose jurisdiction (1) Regd. Office of a
Co.situated (2)where person resides
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PENALTIES U/S 27
In the event of failure in compliance of
order by the said Forum/Commission,
such person or trader shall be punishable
with imprisonment for a term which shallnot be less than one month but may
extend to 3 years, or fine not less than
rupees 2000/- which may extend to rupees10,000/- or with both.
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In the case of Indian Medical Association Vs.
V.P.Shantha, AIR 1996 S.C.550, three Judge
Bench consisting of the Honble Judges, Kuldip
Singh, SC Agarwal and BL Hansaria,laid the
following principles regarding the services
rendered by the medical practitioner are within
the ambit of S. 2(1)(o) or not: (1) Service rendered to a patient by a medical
practitioner (except where the doctor renders
service free of charge to every patient or under a
contract of personal service) by way consultation