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Consumer Protection Act Consumer Dispute AND Forums

The document summarizes the key aspects of the Consumer Protection Act of 1986 in India. It establishes three levels of consumer disputes redressal agencies - district forums, state commissions, and a national commission. District forums handle claims up to Rs. 20 lakhs, state commissions between Rs. 20 lakhs to 1 crore, and the national commission above Rs. 1 crore. The agencies have powers to summon parties, discover evidence, and pass enforceable orders to provide speedy remedies to consumers.

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Eric Potts
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97 views23 pages

Consumer Protection Act Consumer Dispute AND Forums

The document summarizes the key aspects of the Consumer Protection Act of 1986 in India. It establishes three levels of consumer disputes redressal agencies - district forums, state commissions, and a national commission. District forums handle claims up to Rs. 20 lakhs, state commissions between Rs. 20 lakhs to 1 crore, and the national commission above Rs. 1 crore. The agencies have powers to summon parties, discover evidence, and pass enforceable orders to provide speedy remedies to consumers.

Uploaded by

Eric Potts
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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CONSUMER PROTECTION ACT

CONSUMER DISPUTE
AND
FORUMS
CONSUMER PROTECTION ACT ,
1986
CONSUMER PROTECTION ACT, 1986

The law relating to consumer protection is


contained in the consumer protection Act, 1986.

The Act applies to all the goods and services.

The Central Government may however by


notification published in the Official Gazette
exempt any goods or services[Sec.1]
Establishment of consumer disputes
redressal agencies [sec 9]

There shall be establishment for the purpose of


this Act, the following agencies, namely:-

a.A consumer disputes redressal forum to be


known as District forum.
b.A consumer disputes redressal commission to
be known as the State commission
c. A national consumer disputes redressal
commission established by the central
government by notification.
Consumer Dispute
Consumer Dispute
consumer dispute means a dispute
where the person against whom a
complaint has been made, denies or
disputes the allegations contained in
the complaint.
Consumer disputes redressal
agencies

The consumer protection Act, 1986 provides


for a three-tier remedial machinery for speedy
redressal of consumer disputes namely:

District Forum
State Commission and
National commission
District Forum
District Forum
It is to be established by the state Government in
each district of the state.
It consist of a president and two members,
appointed by the state Government.
The forum shall have the powers of court , but
follow simpler and quicker procedures.
The district forum has the power to take up cases
where the value of the goods and services and
the compensation demanded are up to
Rs.20 lakh.
Jurisdiction(sec 11)

The district forum shall have jurisdiction to


entertain complaints where the value of
the goods or services and the
compensation, if any, claimed does not
exceed Rs.20,00,000.this is however
subject to other provisions of this Act
Powers of district
forum
The district forum shall have the same
powers as are vested in a civil court
under the code of civil procedure, 1908,
while trying a suit in respect of the
following matters, namely,
a)The summoning and enforcing attendance
of any defendant or witness and examining
the witness on oath;
b)The discovery and production of any
document or other material object
producible as evidence.
c) The reception of evidence on affairs;
d)The requisitioning of the report of the
concerned analysis or test from the
appropriate laboratory or from any other
relevant source; and
e)Any other matter which may be prescribed.
State Commission
State Commission
The state commission shall be established by the
state government.
The state commission, like the district forum, has
a qualified legal person, a judge of a High court,
as the prescribed and two eminent members.
A person can go to the state level body in the
appeal from the district forum.
Also, if the value of the goods, services and
damages is between Rs.20 lakh and Rs.1
crore, the consumer can go directly to the state
commission.
Jurisdiction [sec 17(1)]
The state commission shall have
jurisdiction-
A. To entertain- complaints where the
value of the goods or services and
compensation , if any, claimed exceeds
Rs.20 lakhs but dies not exceed Rs. 1
crore; and
B. Appeals against the orders of any
district forum within the state.
Procedure (sec 18)
The provision of sec 12,13 and 14 and the
rules mode thereunder for the disposal of
complaints by the district forum shall, with
such modifications as may be necessary, be
applicable to the disposal of disputes by the
state commission.
National commission
National commission
The National commission is the top most layer in
the three level hierarchy of the consumer
disputes redressal agencies.
It shall be established by the central government.
The president of this commission is qualified law
person in the rank of a judge of the supreme
court and four eminent and knowledgeable
persons and one of them shall be a woman.

Conti..
A consumer can go to the national forum in
appeal from the state commission.
The national commission shall have
jurisdiction to entertain complaints where
the value of goods and services and
compensation claimed exceeds Rs.1 crore.
The territorial jurisdiction of the national
commission is the whole of india except the
state of Jammu and Kashmir.
Jurisdiction (sec 21)
Subject to the other provisions of this Act, the
national commission shall have jurisdiction-

1)To entertain-complaints where the value of the


goods or services and compensation, if any ,
claim bed exceeds Rs.1 crore, and appeals
against the order of any state commission , and
2)To call for the records and pass appropriate
orders in any consumer dispute which is pending
before or has been decided by any state
commission.
Finality of orders (sec 24)

Every order of a District forum, the State


commission or the National commission shall, if not
appeal has been preferred against such order under
the provisions of this Act, be final.

Sec24-A and 24-B which have been inserted


by the consumer protection (Amendment) Act,2002
deal with limitation period and administrative
control respectively.
Enforcement of orders of the District
forum, The State commission or The
National commission [Sec 25 as
substituted by the consumer
protection (Amendment) Act , 2002]

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