CHAPTER
5
ORGANIZATIONAL SET UP UNDER
CONSUMER PROTECTION ACT
LEARNING OUTCOMES
Advisory Bodies: Consumer Protection Councils at the Central, State and District Levels
Their
Adjudicatory Bodies: District Forums, State Commissions,National Commission:
and Jurisdiction (Pecuniary and Territorial), Role of Supreme Court
Composition, Powers,
under the CPA with important case law.
The Consumer Protection
Act mandates establishment of Consumer Protection Councils at
and District, with a view to promote consumer awareness.
the Centre as well as in each State
of the Department of Consumer Affairs
The Central Council is headed by Minster, In-charge
Councils by the Minister In-charge of the Consumer
in the Central Government and the State
for a 4-tier structure of Supreme Court,
Affairs in the State Governments. It also provides
District Forums for speedy resolution of consumer
the National and State Commissions and
the advisory and adjudicatory bodies established
disputes. This chapter discusses about
under the Consumer Protection Act.
5.1
ADVISORY BODIES-CONSUMER
PROTECTION COUNCILS
2019 discusses about the formulation of
laid down in CPA, 1986. The Consumer
Consumer Protection Councils which is similar as
for establishment of the District
Protection (Amendment) Act, 2002 in CPA, 1986 provided
the Act provides for establishment of
Consumer Protection Council in each district. Thus,
State and District. These are:
Advisory councils at three levels: National,
Chapter II of the Consumer Protection Act,
Thehe Central Consumer Protection Council
2.
The State Consumer Protection Council
The District Consumer Protection Council
the rights of the consumers. These
C Object of the Councils is to promote and protect basis. The purpose of these bodies
are
on public- private partnership
ncils
is I e w constituted
the consumer
related policies of the government and suggest measures for
further improvements.
5.2
Consumer Affairs and Customer Ca
are
The Councils are very important and potent deliberative bodies for the consumers and plau
important role in spreading the consumer movement, especially in rural areas. The
The
an
Councils act as the catalyst for change so that the present market systenm tunctions for the
welfare of the consumers and for satisfying their needs. They make investigations and give
publicity to the matters relating to the problems of consumers and advice the Government
ent
in matters of consumer policy and consumer protection.
The Central Consumer Protection Council (CCPC)
The Consumer Protection Act empowers the Central Government to establish a Council t
be known as the Central Consumer Protection Council. The Central Council consists of the
following members:
Consumer
(a) the Minister in charge of the
Affairs in the Central
Government, as ite
Chairman, and
(b)
such number of other official or
non-official members representing such interests as
may be prescribed
Procedure for Meetings of the Central
1.
Council
The Central Council shall meet as and
Council shall be held every year.
when necessary, but at least one meeting of the
and place as the Chairman may think it
The Central Council shall meet at such time
the transaction of its business as may be
and shall observe such procedure in regard to
prescribed
Objects of the Central Consumer Protection Council
the
The objects of the Central Consumer Protection Council shall be to promote and protect
rights of the consumers such a s ,
(a)
the right to be protected against the markting
of goods and services which are hazardous
to life and property;
(b) the right to be informed about the quality, quantity, potency, purity, standard and price
of goods or services, as the case may be so as to protect the consumer against, unfalr
trade practices;
(c)
the right to be *assured, wherever possible, access to a variety of goods and serviees
at competitive prices;
(d)
the right to be heard and to be assured that consumer's interests will receive auc
consideration at appropriate Fora;
(e) the right to seek redressal against unfair trade practices or restrictive trade practices
unscrupulous exploitation of consumers; and
(1)
the right to consumer education or consumer awareness (CPA, 2019).
DgunzanomalSet
u. under
nal Set up
5.3
Consumer Protection Act
Consumer Protection Council
T h e
S t a t e
Protection Act empowers the State Government to establish a Council
mer
he State Consumer Protection Council. The State Consumer Protection Council
The
the following
consists
a)
the
members:
Minister in charge
of Consumer Affairs in the State Government as its Chairman.
or non-official members
hnumber of other official
the State Government.
'be prescribed by
b ) such n u m b e r
representing such interests as
may
C)
to be
auch number of
such
other oficial or non-official members, not exceeding ten,
nominated by the
as may be
Central Government.
shall meet as and when necessary but not less than
T h e State Council
shall be held every year.
two meetings
Chairman may think fit and
shall meet at such time and place as the
Council
State
4) The
as may be
in regard to the transaction of its business
such
procedure
observe
shall
by the State Government.
prescribed
Objects of the State
Consumer Protection Council
The objects of every State
Council shall be to promote and protect the rights
of the Consumers
under section 6 within the State.
as mentioned
The District Consumer Protection
Council
to be called as the District
establish for every district a Council
shall
Government
State
The
in such notification.
from such date as it may specify
Consumer Protection Council with effect
of the following members:
Protection Council shall consist
Consumer
District
The
(2)
who shall be its Chairperson.
(a) the Collector of the District,
members representing such interests
official or non-official
other
of
number
such
(6)
State Government.
as may be prescribed by the
two meetings
when necessary but not less than
The District Council shall meet as and
)
shall be held every year.
(4)
The
District Council shall meet at such
time and place within the
district as the
procedure in regard to the transaction
shall observe such
Chairperson may think fit and
State Government.
of its business as may be prescribed by the
Objects of the District Consumer Protection Couneil
and protect within the
e
cof
ts
gs
the consumers laid down in clauses (a) to () of consumer rights.
of every District Council shall be to promote
5.2
district the
ADJUDICATORY BODIES
quasi-judicial
hod
redressal of consumer disputes,
level, called the
and State and at the national
inexpensive, speedy and summary
Ye
Deen set up
in each District
Consumer Affairs and
5.4
Customer Care
DIstrict Forums, the State Consumer Disputes Redressal Commissions and the Nati.
ational
At present, there are more
Consumer Disputes Redressal Commission respectively.
with the National Consumer Dan
630 District
hmissions, 35 State Commissions
has its o n c e ar Janpath Bhawan
Redressal Commission (NCDRC) at the apex. NCDRC
A
Wing, 5th Floor, Janpath, New Delhi.
nus, there is a
which
three-tier system in the Act,
has
been sct
national levels. They are:
1.
and
known as District Commion:.
Redressal
District Consumer Disputes
Under CPA,
up at district, state
Commission also
but under CPA 2019, in
was used
Forum
1986 the word District
and Commission
between Forum'
now
on
orda
tne word forum has hea
een
avoid confusion
replaced with 'Commission'
Commission also
Redressal
2.
A State Consumer Disputes
3.
A National Consumer Disputes
Redressal
known as the "State
Commission
Commicei
ission
also known as the Nationat
Commission"
w A e
Supresmet a t r t
ationa/LemaisSiOn
wwww.e
Stale o I S S g
District FE
***
ns
While the National Commission is set up by the Central Government, the State Commissl
State
District Forums are set up, in each, State and District, respectively by
eh
blish
and
Government concermed. Provided that the state government may, i f it deems n,
more than one District Forum in a state.
Composition of the District Forum/District Commission
members (one member
Under CPA 1986, District Forum was composed of President and two members o
is a woman) whereas District Commission under CPA 2019 shall consist o r
nmiato
a
Set up
under
Consumer Protection
Act
5.5
President
not
and
h)
n
c
o
than two and notmore than such number of members as
may be
with the Central Government.
l e s s than
nsultation
n
s
u
prescribed,
l
ans for Appointment of President and Member of District Commission
Qualificati
tions for appointment of President and member under CPA, 1986 and CPA, 2019
Qmalilicatio
same
which are as follows:
the
President is a person who has een or is qualified to be a District judge.
T
h
e
nerson shall not be qualified for appointment as member unless he- (a) is of not less
than thirty-five years of age; (b) possesses a bachelor's degree from a recognised
University, and (c) is a person of ability, integrity and standing, and having special
knowledge and professional experience of not less than fifteen years in consumer
affairs, law, public affairs, administration, economics, commerce, industry, finance,
management, engineering, technology, public health or medicine
At least one member or the President of the District Commission shall be a
office for a
4 Under old law CPA, 1986 every member of the District Forum shall hold
woman.
term of five years or upto the age of 65 years, whichever is earlier, and shall be eligible
and every member of the
for reappointment. Whereas under CPA, 2019 the President
District Commission shall hold office for a term of four years or up to the age of sixty-
for reappointment for another term
five years, whichever is earlier and shall be eligible
five years, and such reappointment is
of four years subject to the age limit of sixty
recommendation of the Selection Committee.
made on the basis of the
Procedure for Appointment
made by the State Government
to the District Forum is
Under (CPA, 1986), every appointment
commit-tee consisting of the following:
a selection
on the recommendation of
)
The President of the
State Commission-Chairman,
(i) Secretary, Law Department
(ii) Secretary,
of the State -Member,
Department dealing
incharge of the
Member
Provided that a
member may resign
with
consumer
affairs in the State-
under his hand addressed to the State
his office in writing
become vacant and may
accepted, his office shall
resignation being
Government and on such
of the qualifica-tions mentioned above
ofa person pOSSessing any
appointment
honorarium and
be filled by the
who has resigned. The salary or
of the member
conditions of service of the members of
in relation to the category
and
terms
to, and the
other allowance payable
be prescribed by the State Government,
as
such
may
shall be
Forum
the District
Commission (CPA.
President and Members of the District
Appointment
of
Procedure
other
2019)
(11
The President
and members of the State Commission and
the District Commission shall
Consumer Affairs and
of aa Selens
of
5.6
be appointed
by the State Government
on the
consisting of the following persons, nameiy
a)
Chief Justice of the High
)
(6)
Secretary in charge of
(C)
Nominee of the Chief
The Secretary
convener
Court or any
Chairperson;
him-
Consumer
Consumer
in charge of
of the
Judge of the High CourA
Court norminate
Affairs of the
Secretary of
tomer Care
Selection CusCommi
t,
recommendation
the
State Governme
ated by
nt- Member,
StateMember.
State Governm
Affairs of the
vemment shall be t
e tbe
Committee
Selection
Commission
Jurisdietion
of the District
Forum/District
District
In CPA, 2019 the
the value of the goods
Commission has
services paid
or
the
as
jurisdiction to entertain
consideration
comnl
does not excee
had jurisdiction to
District Forum
laints wibere
entertain
one crore
bmplaints
compensation, if any, claim
In CPA, 1986,
and the com
or services
the
goods
of
value
where the
twenty lakhs.
not exceed rupees
in.
a complaint can be filed
imed dos
rupees.
2.
Regarding territorial
Commission
(a)
complaint,
jurisdiction of the includes:
under CPA,
District
2019 which
where there are mor
nore than
the opposite parties,
or each of
party
the opposite
or.
resides
ordinarily
carries
institution of the complaint,
time of the
for
works
or
one, at the
gain;
branch office or personally
or has a
on business
there are more than one, at the time of the
parties, where
the
opposite
of
(b) any
and voluntarily resides, or carries on busines
institution of the complaint, actually
works for gain, provided that in such case
branch office, or personally
District Commission is given;
the permission of the
or has a
(c)
(d)
the cause of action, wholly
or in
or
part, arises; or
works for gain. Point (d) is a new addition
the complainant resides or personally
1986 only point (a) to (c) have been mentioned
in CPA, 2019 whereas in CPA,
of business from
or opposite parties had place
arlier where cause of the action
a
But now the complainant can file complaint
there, the complaint could be filed.
e-Daakhil website.
from anywhere and also online through
Forum/District Commission
Complaints and Procedure before District
Section 38 under CPA, 2019 provides for the manner for making the complaint whicn
similar to Section 12 in CPA, 1986. The Act defines who can file a complaint and expua
the procedure on admission of complaint (Explained in Chapter 6 in depth). The ns
iSSIOn
is to refer a copy of the admitted complaint within 21 days from the date of is
to the opposite party directing him to give his version of the case within a period o
a
days
shall,
Such period may be extended by 15 days by the District Forum. The District Foruu
on admission of a complaint, if it relates to
any goods:
defect in te
(a)
In Case of Dispute Relating to Goods: Where a complainant alleges a are
t up
under
C o n s u m e r Protection
5.7
Act
D g a n z n o n a lS e r
ich
cannot be
deter
termined without
analysis or test, it is mandatory to get the
The District Commission shall obtain a
lused in an appropriate laboratory.
seal it and authenticate it in the manner
of the goods from the complainant,
sanple
sealed to the appropriate laboratory along with a
ibed and refer the sample so
make an analysis or test, whichever may be necessary,
presthat such laboratory
such goods suffer from any defect alleged in the
direeie to finding out whether
thereon to the District
its
goods
o d s
with
a n a l y s e d
defect and to
findings
report
any other
within
of
forty-five days of the receipt of the reference or
within a period
ission
Commission
be
by the Distriet Commission. The
extended period as may granted to
the credit of the Commission such fees as
int or from
compla
require the complainant
mayre
to deposit
to the appropriate laboratory for carrying
out the necessary
for payment
av be specified,in relation to the goods in question; It may remit the amount deposited
out the analysis or test
analysis ortest
laboratory to enable it to carry
ta its credit to the appropriate the report from the appropriate laboratory, the District
mentioned and on receipt of
such remarks as it may feel
Forum
shall forward a copy
appropriate
of the
report along with
to the opposite party.
Relating
hIn Case of Dispute
Services:
Relating to
to Goods not
Requiring Testing
Analysis/Dispute
refer a copy of such complaint
The District Commission may
of
case within a period
him to give his version of the
opposite party directing
as may be granted by
not exceeding fifteen days
such extended period
or
of the complaint,
a
thirty days
party, on receipt of copy
to the
Commission. Where the opposite
to take
the District
or omits or fails
contained in the complaint,
the
allegations
it
denies or disputes
the District Commission,
time
by
the
given
within
case
to represent his
to its
any action
the basis of evidence brought
c o n s u m e r dispute on
the
shall proceed to settle
party denies or
party, where the opposite
the
opposite
and
of evidence.
notice by the complainant
or ex parte on the basis
contained in the complaint,
the District
disputes the allegations
date of hearing before
to appear on the
fails
default or
Where the complainant
dismiss the complaint for
Commission may either
District
Commission, the
as possible and
shall be heard as expeditiously
complaint
months
decide it on merits. Every
within a period of three
decide the complaint
to
made
be
shall
endeavour
does not
where the complaint
party
opposite
notice
by
rom the date of receipt of
within five months, if it requires
of commodities and
or
testing
be ordinarily
analysis
require
that no adjournment shall
commodities. Provided
of
analysis or testing
and the reasons
sufficient cause is shown
Commission unless
District
the
granted by
recorded in writing by it.
IOr grant of adjournment have been
the adjournment
to the costs occasioned by
ne District Commission shall make such orders as
this Act.
S
may be provided in the regulations made under
the District
so specified,
of after the period
VEnt of a complaint being disposed for the same at the time of disposing of the
reasons
sion shall record in writing, the
before the District Commission,
proceeding
of
any
the
pendency
Where
during
in the racts
plant.
it
as is just and proper
order
interim
such
O it
it may pass
In
and
and
necessary,
cireumstances of the case.
Consumer Affairs and
5.8
Findings
of the District Commission
section 37 and
under
lt, after the proceeding conducted
38 of
Customer Care
CPA, 201 9, the Distiect
suffer from
m any
any of
o
complained against
the de
satisfied that the goods
contained in the Com
allegations
the
of
specified in the complaint or that any
to the opposite party direc
to
issue an order
the services are proved, it shall
Commission is
omplain abou
lirecting him
one or more
of the following things,
namely:
from
the
the appropriate laboratory from the
out by
to remove the defect pointed
(a)
question;
(6)
to replace the goods with
new
goods of similar
any defect;
(C)
(d)
(e)
the price,
to return to the complainant
complainant along with
to pay
awarded by
such amount as may be
consumer
)
G)
k)
cnarges as
it as compensation
paid by
may be decideled;
to the consumer f -t any
of the opposite
due to the negigence
action under Chapter VI;
remove
the defects in goods or deficiencies
unfair trade practice
to discontinue the
them
(h)
price
on such
or
nar
party:
the
to grant punitive damaa
loss or injury suffered by
shall have the power
Commission
District
Provided that the
as it deems fit;
in such circumstances
compensation in a product liahili
awarded by it as
be
as
may
to pay such amount
(to
(g)
such interest
he free from
description which shall be
the case may be, the charges
or, as
goods in
hazardous or
not to offer the
to withdraw the
in the services in question;
or restrictive
trade practice and not to repeat
unsafe goods for sale;
hazardous goods from being
of hazardous goods and
to cease manufacture
offered for sale;
to desist from offering
services which are
hazardous in nature;
that loss or injury
be determined by it, if it is of the opinion
identifiable conveniently
consumers who are not
has been suffered by a large number of
shall not be less than fwent
Provided that the minimum amount of sum so payable
as the cas
or service provided,
five per cent. of the value of such defective goods sold
may be, to such consumers;
to pay such sum as may
advertisement
t o issue corrective advertisement to neutralise the effect of misleading advertisemcuy
the cost of the opposite party responsible for issuing such misleading
(m) to provide for adequate costs to parties;
(n) to cease and desist from issuing any misleading advertisement.
Composition of the State Commission (CPA, 2019)
Each State Commission shall consist of(a) a President; and
in
prescribed
(b) not less than four or not more than such number of members as may
may be pi
consultation with the Central Government
5.9
nsumer Protection Act
under
Consu
up
O g a n z a n o n aS
l er.
nalSet
alifications for
Appointment of
CPA4,
2019)
President and Members of the State Commission
qualified for appointment as President, unless
not be
shall not
shall
Court:
the High
he is, or has been,
A p e r s o n
)
a
Judge of
2
)
A
for appontment as a member unless he
shall not be qualified
of age and possesses
ean
p e r s o n
is of not less
than forty years
officer of a district court or of
of at least ten years as presiding
court
an experience
combined service as such in the district
(a)
at equivalent level or
tribunal
anv
of such members shall
Provided that not more than fifty percent
and tribunal:
be appointed; or
h)
and is a person of ability,
from a recognised university
degree
bachelor's
a
and professional experience
and has special knowledge
standing,
and
affairs,
integrity
affairs, law, public
industry, finance, management,
economics, commerce,
than twenty
of not less
administration,
years in
engineering, technology, public
3) At least
1.
Appointment Qualification
Commission
Under old law, State
who is or has been a Judge
health or medicine:
Commission shall be a
President of the State
or the
one member
Composition,
consumer
of the State Commission (CPA,
woman.
1986)
The President is one
State Government.
and is appointed by the
consisted of three members.
of a High Court
integrity and standing
and have adequate
are persons of ability,
The two other members
in dealing with, problems relating
or have shown capacity
of,
affairs or administration,
knowledge or experience
industry, public
commerce, accountancy,
law,
to economics,
a woman.
one of whom shall be
2
Further the appointments
.
are
for State Commission
selection committee consisting
the
recommendation of a
i)
President of the State
Government on
of the following, namely:-
Commission-Chairman,
(i) Secretary of the Law Department
(11) Secretary,
made by the State
of the State
dealing
incharge of the Department
-Member,
with c o n s u m e r affairs in
the State-
Member.]
and
and the other terms
allowances payable to,
other
the
ne
salary or honorarium and
Commission is prescribed by
of the State
mem-bers
the
Conditions of service of,
State Government.
5.
Very
C
ge of sixty-seven years,
Cedure
to
term of five years or up
holds office for a
re-appointment.
and is not eligible for
whichever is earlier
member of the State Commission
Members
of Appointment President and
of the State
Commission (CPA, 2019)
District Commission shall
Commission and the
State
Selection Committee,
resident and members of the
recommendation of
the State Government on the
ppointed by
eonsisting of the following persons, namely:
a
Consumer Afairs and
5.10
(a)
Customer Care
High Court nominated
Chief Justice of the High Court or any Judge of the High Co
him-
Chairperson;
(6) Secretary in charge of Consumer
(c)
(2)
Affairs of the State Governn
the State-Member,
Nominee of the Chief Secretary of
The Secretary in charge of Consumer
vernment- Member,
Affairs of the State Governman
Government shall
convener of the Selection Committee
the
Jurisdiction of the State Commission (CPA, 2019)
The State Commission shall have jurisdiction(a)
to entertainthe goods
(i) complaints where the value of exceed
or serVICes
paid as consideration eu
rupees ten crore: Provided that
but does not
rupees one crore,
where
the Central Government deems it necessary so to do, it may prescribe such o
value, as it deems fit;
(ii) complaints against unfair contracts, where the value of goods or services naid
as
consideration does not exceed ten crore rupees;
District Commission within the Stater and
(b) to call for the records and pass appropriate orders in any consumer dispute
(ii) appeals against the orders of any
which is pending before or has been decided by any District Commission within
the State, where it appears to the State Commission that such District Commission
has exercised a jurisdiction not vested in it by law or has failed to exercibe a
jurisdiction so vested or has acted in exercise of its jurisdiction illegally or
with material irregularity.
(2) The jurisdiction, powers and authority of the State Commission may be exercised by
Benches thereof, and a Bench may be constituted by the President with one or mo
members as the President may deem fit: Provided that the senior-most member sal
preside over the Bench.
3) Where the members of a Bench differ in opinion on any point, the points shal r
decided according to the opinion of the majority, if there is a majority. but
aembers are equally divided, they shall state the point or points on which tney
and make a reference to the President who shall either hear the point or points hi
other
or refer the case for
hearing on such point or points by one or more of tne
nbers
members and such point or points shall Qualifications, etc., of President and meun
of State Commission. Salaries, allowances and other terms and conditions ofserv
President and members of State Commission. Transitional provision. Officers and
accora
employees of State Commission. Jurisdiction of State Commission be decided
deci
to the opinion of the
those
including
case, incu
majority of the members who have heard the case,
may
who first heard it: Provided that the
President or the other members, as tnconth
be, shall give opinion on the point or points so referred within a period ol
from the date of such reference.
Consumer Protection Act
5.11
u punder
oyannona7
S eu
t p,
stituted in
shall be institute
a State Commission within the limits of whose
A complain
ction,a
)
t
h
e
site party or each of the opposite parties, where there are more than
ime of
of the
the in:
institution of the complaint, ordinarily resides or carries
time
o p p o s i z
one,
at the
usiness or has
on
business
of the
(b)
a
branch office or personally works for gain; or
institu
has a
at
anch office or personally works for gain, provided
brancl
or
ermission
c)
Or C)
of the State Commission is given;
the c a u s e
in such case, the
or
f action, wholly or in part, arises;
ar(d)the complainant
lurisdiction of
the
the time of
opposite parties, where there are more than one,
or carries on business
ittion of the complaint, actually and voluntarily resides,
any
the State
resides or personally works for
Commission
gain
(CPA, 1986)
value of the
to entertain complaints where the
The
claimed exceeds rupees twenty lakhs
the compensation, if any,
and
services
gOods or
limit has been subject to upward
one crore. This pecuniary
exceed
rupees
not
hut does
Consumer Protection Act.
time to time in the
from
revisions
Further State
Forums within the State.
orders of any District
the
orders in any consumer
2. Appeals against
for the records and pass appropriate
call
can
Commission
District Forum within the
or has been decided by any
before
Forum has exercised
dispute which is pending
Commission that such District
State
the
to
so vested
State, where it appears
failed to exercise a jurisdiction
vested in it by law, or has
not
a juris-diction
or with material irregularity.
its jurisdic-tion illegally
of
exercise
in
acted
or has
has jurisdiction
State Commission
Composition of the National
Commission (CPA, 2019)
The National Commission shall consist
of
() a President; and
0not less than four and not more
than such number of members
Qualifications of President and Members
of National
as may be prescribed.
Commission (CPA, 2019)
to provide for qualifications,
notification, make rules
Government
by
may,
removal and other
he Central
allowances, resignation,
and
salaries
of the National
PPointment, term of office,
President and members
and conditions of service of the
Commission
ms
members of the National
and
President
ommission: Provided that the
Central Government
rules made by the
the
in
as
specified
term
fice for such
his office and shall
1d
enters upon
on which he
five
years from the date
CXceeding
or members shal
Ot
further that no President
the
for re-appointment: Provided
e
in the rules made by
ha
attained such age as specified
Centrale
as such after he has
Government which shall not exceed,-
4in the case of the President, the age of seventy years,
Consumer Affairs and
5.12
(b)
in the case ofaany other member, the age of
CustCuiomer Care
ty-seven years.
(2) Neither the salary and allowances nor the other terms and conditions
President and members of the National CommisSion shall be varied
d to
to his
after his appointment.
Since the Rules for qualification and salary for President and member in Natin.
have not come into force they are governed by the provisions of
Servi
disadvantage
ional Commissioy
A. 1986
sSIOn
which ate
discussed as follows.
Composition of the National
Commission (CPA, 1986)
The National Commission is composed of a President and four other
1.
who hasbeen
mbers (one
person
or is qualifie o
woman). The president
be a
President is appointed by the Centrol
The
Court.
Central Govermmen
Judge of the Supreme
is a
member is a
after consultation with the Chief
Justice of India.
of ability, integrity and standino
The other four members should be persons
have
adequate knowledge or experience and show capacity in dealing with, probleme relating
2.
.
to
economics, law, commerce, accountancy, industry,
.
admi
public affairs
affairs or
or administration
other members is made by the Central Government on he
selection committee consisting of.
Every appointment of the
3.
recommendation
(a)
a
of a
person who is a
Judge of the Supreme Court, to be nominated by the Chief
Justice of India-Chairman,
(b)
the Secretary in the Department of Legal
Affairs in the Government ofIndia
Member,
(c) Secretary of the Department dealing
with consumer affairs in the Government
of India-Member.]
4.
The salary or honorarium and other allowances payable
to and the other tems and
conditions of service of the members of the National Commission are as prescribed by
the Central Government.
5.
Every member of the National Commission holds office for a term of five years or
to the age of seventy years, whichever is earlier and is not eligible for reappointment
Jurisdiction of National Commission (CPA, 2019)
The National Commission shall have jurisdiction
(a)
to entertainexceeds
i) complaints where the value of the goods or services paid as consideratou
ecessary
rupees ten crore: Provided that where the Central Government deems t
so to
(11)
do, it may prescribe such other value, as it deems fit
complaints against unfair contracts, where the value of goods or se
as
consideration exceeds ten crore rupees
(11) appeals against the orders of any State Commission;
es
pad
Consumer Protection Act
S e t u pu n d e r o
panianona7 S ey
t p,
gpeals
5.13
against the
orders of the Central Authori
ority,
iv)
alnd
for
records and pass appropriate orders in any consumer dispute which is
been de
to
b)
th
ee
or has been decided by any State Commission where it appears to the
eforeor
call
g
National
Commission tha
endinommission
that such State Commission has exercised a jurisdiction not
by law, or has ailed to exercise a jurisdiction so vested, or has acted in
in it
of its jurisdiction illegally or with material irregularity.
Vested
exercise
the
Review
by
National Commission in Certain Cases (CPA, 2019)
National
The
Commission shall have the power to review any of the order
passed by it if
the face of the record, either of its own motion or on an
any of the parties within thirty days of such order.
error apparent on
there I s a n
ion made by
application m a c
a e r to
Powe
Set aside ex parte
orders (CPA, 2019) Where an order is passed by the National
mission ex parte, the aggrieved party may
Comm.
seting
aside such
Transfer of
make an application to the Commission for
order.
Cases (CPA, 2019)
Commission may,
own motion, the National
of the complainant or of its
application
the
On
interest of justice, transfer any complaint pending
the proceeding, in the
of
or
stage
at any
District Commission of another State
Commission of one State to a
District
before the
Commission.
Commission to another State
before one State
National Commission (CPA, 2019)
Office of President of
in
Vacancy
vacant or a person occupying
National Commission is
the
of
President
of
duties of his office,
When the office
unable to perform the
or otherwise,
reason of absence
Provided
Commission:
such office is, by
National
senior-most member of the
the
Member is
these shall be performed by
vwho has been a Judicial
or a person
Court
a
of
High
number of such members
that where a retired Judge
member or where the
such
Commission,
over the
a member of the National
such members, shall preside
amongst
senior-most person
S more than one, the
Commission.
President of that
of
absence
the
in
National Commission
Jurisdiction of National
Commission (CPA, 1986)
T h e National Commission
shall have jurisdiction
value of the goods
Complaints where the
crore; and
claimed exceeds rupees one
any
appeals against the orders of
to entertain
or services
State Commission;
and compensation,
if any,
and
orders in any
appropriate
the records and pass
can call for
State Commission
National Commission
decided by any
exercised
or has been
before
which is pending
State Commission has
such
Sumer dispute
that
Commission
so vested,
the National
exercise a jurisdiction
a p p e a r s to
to
failed
material irregularity.
law, or has
it
a
2 The
on
Scted
not vested in
by
jurisdiction illegal-ly
in the exercise of its
or with
5.14
3.
Consumer
The National Commission shall, in the disposal of any complain.Afairs and cu
or
before it, have
any
laints
(a)
me
the powers of a civil court as specitied in sub-sections (4)..
and (6)sf es
13;
pIcn
T h e
D i s t
(6)
the power to issue an order to the opposite party directina
referred to in clauses (a) to () of
or more of the
busa
sub-sechim to
things
The
14 (see 1list below), and follow such procedure as may he )
Central Government. These powers are given under section 1nbed
14 of the
Protection Act.
ConS
Total Number of Cases Disposed by Consumer Forums since Incention
cases have been disposed. Thus t
registered 5485267 cases and 4930342
within various consumer courts and the dion
5,54,925 cases which are pending
posal ral
89.88%.
Table 5.1 depicts that 138676 cases were registered since inception up to 31"Aie1
with the National Commission out of which 84.01% cases were disposed of. whi
were still pending with the National Commission. In case of State Commission &
45
cases were registered since inception up to Aug 2021 and 86.43 percent cases weredi
of. A staggering number of 4472029 cases were registered throughout the District Commisi
in the country and performance of District Commissions was better as 90.74 % cases we
NR
now
is
utilized
at
redressal
t
consumer
being
system
disposed of. This indicates that
awareness to seek redressal. But&
district levels, which is a positive sign of generating
number of cases pending in the various forums is more than 5.5 lakh which is an alamig
the main purpose was speedy redresu
figure. When these consumer forums were formed
cases. Consumer Protection At
of consumer cases, where a consumer could itself plead its
2019 implementation is a good news for all aggrieved consumers.
Forums Since nception
(Update on 31-8-2021)
Name of Agency
| No.
State Commissions
B
Cases disposed of
Cases
inception
sinc inception
Pending
138676
116508
22168
874562
755863
118699
4472029
4057971
% oftolal
Disposal
84.01%
National Commission
2
Cases filed since
District Commissions
TOTAL
86.43%
5485267
90.74%
414058
89.88%
4930342
554925
Annual Report: Department of Consumer Affairs
protechio
Role of Supreme Court under the CPA: (Five recent cases on cons
decided by Supreme Court)
of India
Under the Constitution
an order of Supreme
and legal authorities
including government of India. The supren
a
on
om
e sintoe
is binding
Court of India
ren
go
Till 31-8-2021, the Consumer courts at National, State and District level
SI.
Sta
ints
ption
Table 5.1: Total number of Cases Disposed by Consumer
auil
Su
n