– this article throws light on the State Consumer Disputes Redressal Commission as established under the act. For clarification, you may write to our best advocates for State Consumer Disputes Redressal Commission.
The Consumer Protection Act, 1986 talks about the rights of the consumers.
It provides for the promotion and protection of the rights of the consumers. The Act mandates the establishment of following Consumer Protection agencies under section 9:
(a) The “District Consumer Redressal Forum”
(b) The “State Consumer Redressal Forum”
(c) The “National Consumer Disputes Redressal Forum”
WHO IS A CONSUMER?
“Any person who buys any goods or hires/avails any services for a consideration which has already been paid or promised or partly paid and partly promised or under any system of deferred payment.” It is to be noted that sometimes there comes tremendous confusion as to whether a person qualifies under the definition of the consumer. Especially in cases where a person has purchased a quantity bigger than a person can consume for themselves. In such cases, it is advisable to seek the opinion of best consumer law advocates and especially the best advocates for State Consumer Disputes Redressal Commission to help bring light to the minute details. Otherwise, it is clearly established that;
“Any person who purchases such goods or avails of such services for resale or any other commercial purposes is not a consumer.”
WHO CAN FILE A COMPLAINT?
- a consumer
- any voluntary consumer association (registered association only)
- the central or the state government
- legal heirs/representatives (if the consumer is dead)
WHEN CAN A COMPLAINT BE FILED?
- If the goods bought or agreed to be bought suffers from any defect
- If the services hired or availed of or agreed to be hired/availed of suffers from any deficiency
- The trader/service provider has adopted an unfair/restrictive trade practice
- The trader/ service provider uses or offers for sale Goods/ services which are hazardous to life and safety and such hazard could be known with due diligence.
- The trader uses/ offers for sale any goods in contravention of safety standards laid down by the law
- The trader/ service provider has charged a price in excess of:
(a) Price fixed by or under any law for the time being in force
(b) Price displayed on the goods or any package containing such goods;
(c) Price displayed on the price list exhibited by him by or under any law for the time being in force;
(d) Price agreed between the parties;
PROCEDURE APPLICABLE TO STATE COMMISSIONS
The provisions of the act for the disposal of complaints by the District Forum shall be applicable to the State Commission.
COMPOSITION OF THE STATE COMMISSION
Each state commission shall consist of
- a President appointed by the state government in consultation with the chief justice of the High Court
- at least two members and one of whom shall be a woman
The president shall be a person who is or has been a judge of High Court. The members shall have following qualifications:
- Not less than thirty-five years of age;
- Having a bachelor’s degree from a recognized university; and
- Be persons of ability, integrity, and standing
- Possess reasonable knowledge and experience (not less than ten years) in dealing with matters relating to economics, law, commerce, accountancy, industry, public affairs or administration.
There should be 50% or fewer members from judicial background.
(a) Conviction and sentence of imprisonment for an offense which involves moral turpitude
(c) Unsoundness of mind (declared by a competent court)
(d) Removal or dismissal from the service of the Government
(e) Financial or other interest as is likely to affect prejudicially the discharge of functions
(f) Other disqualifications as may be prescribed by the State Government.
(3) The term of office of a member is five years or up to the age of sixty-seven years, whichever is earlier:
Reappointment: A member/President 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.
Resignation: A member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant till further appointment.
JURISDICTION OF THE STATE COMMISSION
The state commission has the jurisdiction to entertain
- Complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore.
- Appeals against the decisions of any District Forum within the State.
It can also call for the records and pass appropriate orders in any con¬sumer dispute which is pending before or has been decided by any District Forum within the State if it appears to the State Commission that such District Forum has gone beyond his jurisdiction or has failed to properly exercise it.
A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,—
(a) The defendant at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or
(b) The cause of action, wholly or in part, arises.
Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order. For any clarification, you may write to B&B Associates LLP and our best advocates for State Consumer Disputes Redressal Commission.