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Transcript of business law
Section 2(1)(d)(ii) “Consumer”
means any person who hires or avails of
any services for a consideration which has
been paid or promised or partly paid and
partly promised or under any system of
deferred payment.
Consumers can not be asked to wait
for years for settlement of even small
claims. Hence, the Consumer Protection
Act, 1986 was enacted to better protect
the interest of the consumers. It is one of
the most progressive and comprehensive
pieces of legislation.
The Act provides for a separate
three-tier quasi-judicial consumer
dispute redressal machinery at the
National, State and District levels and
it intended to provide simple, speedy
and inexpensive redressal for
consumer’s grievances.
PREAMBLE:
“An Act to provide for better
protection of the interests of consumers
and for that purpose to make provision for
the establishment of consumer councils
and other authorities for the settlement of
consumers' disputes and for matters
connected therewith.”
Section 9. ESTABLISHMENT OF CONSUMER
DISPUTES REDRESSAL AGENCIES.
DISTRICT FORUM
STATE COMMISSION
NATIONAL COMMISSION
District Forum
State Commission
National Commission
Consumer dispute which is pending before/has been decided by any District Forum .
Complaints where the value of the goods or services and compensation, if any
Supreme court
Any person, aggrieved by an order made by the National Commission, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Pecuniary Jurisdiction: Value of goods or services and compensation, if any, claimed < Rs 20lakhs [Section 11].
Composition: Its President shall be a person who is, has been, or is qualified to be a District Judge appointed by State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 10].
Term of office: For 5 years or up to age of 65 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 10(2)].
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Pecuniary Jurisdiction: Value of goods or services and the compensation, if any, claimed > Rs 20 lakhs but < Rs 1crore [Section 17].
Composition: Its President shall be a person who is or has been a Judge of High Court appointed by the State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 16].
Term of office: For 5 years or up to age of 67 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 16(3)].
Circuit Benches: The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may in consultation with the State Commission notify from time to time [Section 17(B)].
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Pecuniary Jurisdiction: Value of goods or services and the compensation, if any, claimed > Rs 1 crore [Section 21].
Composition: (a) Its President shall be a person who is or has been a Judge of Supreme Court appointed by the Central Government.
(b) Not less than 4 and not more than such number of members and at least one them shall be a woman, who shall have qualifications, namely:be not less than 35 years of age, possess a bachelor’s degree from a recognized university and be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 20].
Term of office: Every member shall hold office for a term of 5 years or up to age of 70 years whichever is earlier. A member shall be eligible for reappointment for another terms of five years within the specified age limit [Section 20(3)].
Circuit Benches: The National Commission shall ordinarily function at New Delhi but may perform its functions at such other place as the Central Government may in consultation with the National Commission notify from time to time [Section 22C].
CONSUMER DISPUTES REDRESSAL COMMISSION
Pecuniary Jurisdictio
n
> RS 1crore
>Rs 20lakhs < Rs1crore
< Rs20lakhs
DISTRICTFORUM
STATECOMMISSIO
N
NATIONAL COMMISSION
even number except
president
Total members
Judge of Supreme
Court
Judge of High Court
District Judge
Composition
President
3 3
5 years or up to age
of 65 years
5 years or up to age
of 70 years
5 years orup to age of
67 years
Term of office
Eligible/reappoint
ment
For another terms of five years within the specified age limit
One member is reserved as a women
REFERENCES
• www.google.com
• www.wikipedia.com
• Texts and notes
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