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The State Commission, Under Consumer Protection Act

The State Commission, Under Consumer Protection Act: The year 1986 is a Magna Carta in the history of Consumerism. It was this year that witnessed the enactment of the Consumer Protection Act.

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The year 1986 is a Magna Carta in the history of Consumerism. It was this year that witnessed the enactment of the Consumer Protection Act. The first ever legislation in India of its kind which solely aimed at the grief staken consumers who the victims of the unfair trade practices and substandard services rendered to them. The preamble to this Act reads as follows: An Act to provide for better protection of the interests of the consumers and to make provisions for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matter connected therewith. Thus the preamble to this Act makes the intention of the framers of this Act crystal clear.

The setting up of the dispute redressal machinery was only to secure and enable speedy justice to the aggrieved consumers. The enactment of the Consumer Protection Act, 1986, a milestone in the history of socio-economic legislation in India, has considerably consolidated the process of consumer protection and has given rise, during the past few years, to new consumer jurisprudence. The act introduced a three-tier quasi-judicial consumer disputes redressal mechanism at the district, state and national level for dispensing inexpensive and time-bound consumer justice. Though passed in 1986, its effective implementation started only in 1990 when the institutions envisaged under the act were established throughout the country, thereby enabling a large number of consumers and organisations to approach these forums for the redressal of their grievances.

The Consumer Protection Act, 1986 underwent some amendments. Among them the important and latest amendment is of 2002. So we can say that the Act is in focus to the needs of the time. With this introduction, let me explain my assignment topic i.e, State Commission under Consumer Protection Act.

1. Composition of the State Commission (Section 16)

Each State Commission shall consist of One President and two or more other members.

1.1 The President

The President shall be a person who is or has been a Judge of a High Court, appointed by the State Government. His appointment should be made in consultation with the Chief Justice of High Court.

1.2 Members

In the state commission there should be not less than two, and not more than such number of members, as may be prescribed, and one of whom shall be a woman.

1.2.1 Qualifications of members

The members should have the following qualifications in order to be a member in the state commission for consumer disputes redressel

(i) be not less than thirty-five years of age;

(ii) possess a bachelor's degree from a recognised 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:

Provided that not more than fifty per cent. of the members shall be from amongst persons having a judicial background. Explanation.- For the purposes of this clause, the expression 'persons having judicial background'' shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level.

1.2.2 Disqualifications of Members Section 16(1)

A new proviso has been added to Section 16(1), by the Consumer Protection Amendment Act, 2002. They are as following

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so 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 State Government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member; or

(f) has such other disqualifications as may be prescribed by the State Government.

1.2.3 Selection committee for appointment of members (Sec.16 (1A))

Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a Selection Committee consisting of the following members, namely:

(i) President of the State Commission...Chairman;

(ii) Secretary of the Law Department of the State ....Member;

(iii) Secretary incharge of the Department dealing with Consumer Affairs in the State..... Member:

Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman.

1.2.4 Term of Office (Section 16 (3))

Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier: Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-seven years, whichever is earlier, subject to the condition that he fulfills the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such re-appointment is made on the basis of the recommendation of the Selection Committee. Provided further that a person appointed as a President of the State Commission shall also be eligible for re-appointment in the manner provided in clause (a) of sub-section (1) of this section.

स्रोत : www.legalserviceindia.com

Govt. revises pecuniary jurisdiction for entertaining complaints by consumer forums

The Govt. has notified the rules for Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021. As per the rules revised pecuniary jurisdiction for entertaining consumer complaints

Govt. revises pecuniary jurisdiction for entertaining complaints by consumer forums

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By Taxmann | Last Updated on 3 January, 2022

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Press release Dated 30/12/2021

The Govt. has notified the rules for Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021. As per the rules revised pecuniary jurisdiction for entertaining consumer complaints in respect of goods and services paid as consideration shall be up to i) 50 lakhs for District Commissions; ii) More than 50 lakh to 2 Crore for State Commissions and iii) More than 2 Crore for National Commission.

As per the existing provisions of the Act, District Commissions have jurisdiction to entertain complaints where value of the goods or services paid as consideration does not exceed one crore rupees. State Commissions have jurisdiction to entertain complaints where value of the goods or services paid as consideration, exceeds 1 crore rupees, but does not exceed 10 crore rupees and National Commission has jurisdiction to entertain complaints where value of goods or services paid as consideration exceeds 10 crore rupees.

Click Here To Read The Full NotificationCheck out Taxmann's Consumer Protection Law & Practice!Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

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    NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

HOMENCDRCCAUSELISTCASE STATUSJUDGEMENTSDISPLAY BOARDCOMMISSIONSACTS

DR. P.D.SHENOY REPORT Recommendations of the Committee Constituted under the Chairmanship of Dr. P D Shenoy, Member,NCDRC, to consider the following is sues:

(i)   To examine the administrative and financial powers of the Presidents of the State Commission and make

recommendations to ensure the effective functioning of the State and District Fora.

(ii)   To study the imposition of cost and levying of fees by the State and District Fora and to suggest guidelines for their

proper and effective utilization.

(iii)   To examine the necessity of conducting induction training to the new Members of the State and District Fora and

make suitable recommendations.

(iv)   To suggest suitable guidelines for grant of pay and perquisites to the Members of the State and District Fora.

The following Members were present:

1.   Hon’ble Mr Justice N K Jain, President, Madhya Pradesh State Consumer Disputes Redressal Commission

2.   Hon’ble Justice Mr B B Vagyani, President, Maharashtra State Consumer Disputes Redressal Commission

3.   Hon’ble Justice Mr R C Kathuria, President, Haryana State Consumer Disputes Redressal Commission.

The recommendations of the Committee are as follows:

1.   To examine the administrative and financial powers of the Presidents of the State Commission and make       recommendations to ensure the effective functioning of the State and District Fora.

In order to translate the mandate, of the Hon’ble Supreme Court in the case of State of Uttar Pradesh vs Jeet Singh Bisht and Others, (Special Leave Petition No. 6928 of 1999) as per order dated 10th July, 2002 as well as the State of Rajasthan and Others vs Anand Parkash Solanki, (Civil Appeal No. 6733 of 2003) as per order dated 25th August, 2003. (Annexure ‘A’ & B) into a reality and to have effective control over the functioning of the State Commissions and the District Fora in terms of the Provisions of Section 24 B of the Consumer Protection Act, 1986;

It is recommended that various State Governments may incorporate the following Rules in their existing Consumer Protection Rules;-

(a)   The President of the State Commission shall be Head of the Department and Controlling Authority for the purposes        of Book/ Code of Financial Powers.

(b)   Appointment of Officers and staff (except the President and Members) of the District Fora and State Commission        shall be made by the President of the State Commission;

Provided that the cadre, number, salaries and allowances of such officers and staff shall be fixed by the State

Government by Rules to be made in consultation with the President of the State Commission.

(c)   Salaries of such officers and staff shall be defrayed out of the consolidated fund of the State.

2.   To study the imposition of cost and levying of fees by the State and District Fora and to suggest guidelines       for their proper and effective utilization.

It is suggested that Regulation 11 (5) which provides for imposition of minimum cost need to be amended and it should be left to the discretion of the Commission or the District Forum concerned to decide about the quantum of cost depending on the facts and circumstances of each case.

As regards utilization of costs, the National Commission may frame appropriate Regulations provided for the purpose and manner of utilizing this amount. For this purpose, guidelines contained in the Legal Services Act, may be followed.

Fees for filing complaints of the valuation upto Rs.10,000/- should be NIL and accordingly Rule 9 A of the Consumer Protection Rules 1987 (Central Rules) may be amended.

With regard to payment of fees on complaints, existing Table of Rule 9 A of Consumer Protection Rules, 1987 may be substituted by the following Table:

S No.

Total value of goods or service and the compensation claimed

Amount of fee payable

DISTRICT FORUM

1.

Upto to one lakh rupees – For complainants who are under the Below Proverty Line holding Antyodaya Anna Yojana cards

NIL

1 A.

Upto Rs.10,000/- NIL

2.

Upto one lakh Rupees – For complainants other than Antyodaya Anna Yojana card holders

Rs.100/-

3.

Above one lakh and upto five lakh rupees

Rs.500/-

4.

Above five lakh and upto ten lakh rupees

Rs.1000/-

5.

Above ten lakh and upto twenty lakh rupees

Rs.2000/- STATE COMMISSION

6.

Above twenty lakh and upto fifty lakh rupees

Rs.5000/-

7.

Above fifty lakh and upto one crore rupees

Rs.10,000/-

स्रोत : ncdrc.nic.in