Q. 3. What are the provisions of Consumer Protection Act, 1986 regarding consumer disputes redressal agency?
Ans: The Consumer Protection Act,1986 provides for three tier system for solving consumer disputes at District level, State level and National level. These agencies are known as District Forum, State Commission and National Commission.A) District Forum
B) State Commission
C) National Commission
A) District Forum
1) Meaning: Consumer disputes redressal agency which settles consumer complaints at district level is called District Forum.
2) Establishment: District Forum is established by the State Government It is compulsory tor every state to establish District Forum 1n each district.
3) Membership: District Forum has three members.
4) Composition: District Forum consists of a president and two other members.
5) Period: Each member oi the District Forum shall hold office for a period of five years or up to the age of 65 years whichever is earlier.
6) Headed by: District Forum is headed by working or retired judge oi district court.
7) Complaint: District Forum can entertain the complaint where the value of goods or services and compensation claimed is up to Rupees Twenty lakhs (20 Lakhs).
8) Appeal against order: An appeal against the order of the forum can be made to the State Commission within a period of 30 days from the date of the order.
9) Powers: For the purpose of settlement, the District Forum enjoys the same powers 3n a Civil Court.
10) Level oi authority: It is the lowest authority to settle the consumer disputes under the Consumer Protection Act. 1986.
B) State Commission
1) Meaning: Consumer disputes redressal agency which settles the consumer complaints at state level is called State Commission.
2) Establishment: State Commission is established by the state government. It is compulsory for every state to establish State Commission in the state.
3) Membership: State Commission has three members.
4) Composition: State Commission consists of a president and two other members.
5) Period: Each member of the State Commission shall hold the office for a period of five years or up to the age of 67 years whichever is earlier.
6) Headed by: It is headed by working or retired judge of high court.
7) Complaint: The state commission can entertain complaints where the value of goods or services and the compensation claimed exceeds Rupees Twenty Lakhs (20 Lakhs) but up to Rupees one crore (1 crore).
8) Appeal against order: An appeal against the order of the state commission may be made to the National Commission within 30 days from the date of the order.
9) Powers: State Commission shall have administrative control over all the District Forums within state.
C) National Commission
1) Meaning: Consumer disputes redressal agency which settles consumer complaints at the national level is called as National Commission.
2) Establishment: National Commission is established by the Central Government.
3) Membership: National Commission has five members.
4) Composition: National Commission consists of a president and four other members.
5} Period: Each member of the National Commission shall hold office for the period of five years or up to the age of 70 years whichever is earlier.
6) Headed by: National Commission 18 headed by working or retired judge oi supreme court.
7) Complaint: The National commission entertains the complaints where the value of the goods and services and the compensation claimed exceeds Rupees one crore.
8) Appeal: An appeal against the order of the National Commission can be made to the Supreme Court within 30 days from the date of order.
9) Powers: National commission shall have administrative control over all the State Commissions.
10)Level of authority: it is the highest authority to settle the consumer disputes under the Consumer Protection Act 1986.
State the ways and means of Consumer Protection?
Ans: Ways and Means of Consumer Protection:
Even though we have the Consumer Protection Act and much other legislations passed by the government to protect the interests of consumers, consumer exploitation is not restricted. As a matter of fact, the judiciary system alone cannot restrict consumer exploitation. So many other ways and means are adapted for consumer protection. They are as follows:
1. Lok Adalat: It is one of the ways to resolve consumer problems. It can also be referred to as People’s Court. It is established by the government to settle disputes by compromise. It is held by State Legal Service. It accepts cases pending in regular courts and can be settled by compromise. Some organizations hold Lok Adalat regularly.
e.g. Railways, Electricity Boards, Telephone Exchanges, Insurance Companies in public sector.
2. Public Interest Litigation (Janahit Yachika): Under this scheme any person can approach court of law in the interest of the public. It does not involve any individual interest. Its aims is to provide legal remedy to unrepresented groups of the society.
3. Redressal Forums: Under the Consumer Protection Act, 1986, Consumer Dispute Redressal Agencies have been established by the State and Central Government. These _ agencies are District Forum, State Commission and National Commission. They offer speedy and inexpensive redressal for consumer complaints.
4. Awareness Programmes: The Government oi India has adopted various publicity measures to increase the level of consumer awareness. The government makes use of journals, brochures, posters, TV, etc. to convey the message oi consumer protection, consumer court, etc. The society in general observes World Consumer Rights Day on 15 December.
5. Consumer Organization: Many consumer organizations are active throughout the world as well as in India. It was realized that just by talking about moral conduct or about code of fair business practices or even by making legal provisions, it is not possible to discipline all the members of the business community. Instead, it is necessary to strengthen the consumer movement. Thus, more and more consumer organizations are helping the consumers to fight tor their rights through protests, campaigning, lobbying, etc. Consumer Welfare Fund: It is created by the Department at Revenues for providing financial assistance to voluntary consumer movement, particularly in rural areas This money is used in consumer education, complaint handling, counseling, guidance etc.
6. Legislative Measures: Indian Government has passed many Acts to protect consumers. Some of them are:
- Drug Control Act 1950,
Prevention of Foods Adulteration Act 1954.
Essential Commodities Act, 1955.
The Standards of Weights and Measures Act, etc.
An important act was also the Monopolies and Restrictive Trade Practices Act, 1969.
However, these acts could not pretest consumers in the real sense So a more elaborate legislation Was passed i.e. the Consumer Protection Act in 1986 Under this act a consumer can file a suit against any manufacturing or seller in case of loss due to the use of any product or services.
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