The case might also be jurisdiction exercise differing from the legal elements especially in the cases of irregularities in materialistic aspects which require immediate solution. The commission is headed by a sitting or retired judge of the Supreme Court of India. This contention of the petitioner is however, not acceptable as it has been expressly laid down in proviso to Section 28 A 3 of the Consumer Protection Act that when a notice properly addressed is sent by registered post and has not been received back within 30 days from the date of issue of the notice, a declaration could be made that the notice had been duly served on the party. Moreover, the vehicle was a commercial vehicle, being used for a commercial purpose and hence, the present complaint was not maintainable under the provisions of the Consumer Protection Act, 1986 as complainant did not fall under the category of âconsumerâ. Section 19 of the Act grants an appeal against the decision of the National Commission within 30 days to the State Commission.
Functioning of District Forum, State Commission and National Commission is consumer friendly, and thus a consumer can file a complaint and also address arguments in person. The National Commission is the Apex body of Consumer Courts, it is also the highest Appellate Court in the hierarchy. The case of the complainant is that at the time of expiry of the fitness certificate on 17. It is clear, therefore, that the order passed by the State Commission was in accordance with law and the petitioner was rightly proceeded against ex parteby them. It is headed by a sitting or retired Judge of the Supreme Court of India. This commission has its headquarters at national capital, New Delhi with any of the Supreme Court sitting or retired judge to head it.
Per contra, the learned counsel for the respondent stated that there were no sufficient reasons to justify the delay in filing the petition before this Commission. It is the court that deals with the appeals against the grassroots level consumer protection agencies. Promoting the welfare of the consumers has become one of the major concerns for the government. It is the value of the goods or services, as the case may be, and not the value or cost of removing the deficiency in the service which is to be considered for the purpose of determining the pecuniary jurisdiction of national commission. Its objective is to promote and protect the rights of consumers as laid down in the consumer protection act. You may contact us by dialing toll free no. Approaching a consumer court is very simple and extremely cheap as you can represent yourself without having to hire a lawyer and not required to pay any court fee but just a nominal fee.
The Act mandates establishment of Consumer Protection Councils at the Centre as well as in each State and District, with a view to promoting consumer awareness. I have studied Civil Law and Consumer Protection Law in detail, along with some aspects of Criminal Law. The petitioner was a service provider. Consumer Protection Councils The consumer protection Act, 1986 provides for the establishment of consumer protection councils at the state and district level to advise and assist the consumers in seeking and enforcing their rights. Also, punishments for these offences have also been mentioned. Genesis for the modern consumer disputes With advent of rapid industrialization and multifaceted development accompanied with flooding of advertisements for goods and services has led to many changes. Moreover, the petitioner chose to file a review application before the State Commission, which was dismissed by the State Commission on 20.
Consumers can file a case against a seller if they are harassed or exploited by sellers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc. The council is required to meet at least once in a year State consumer protection council It has been established in each state by the respective state governments. Twenty Lakh and less than Rs. The Consumer Protection Act, 1986 protects the interests of consumers by establishing three-tier quasi-judicial consumer dispute redressal machinery at the National, State and District levels for settlement of consumer disputes. Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court.
You can get the contact directory of the State Consumer Dispute Redressal Commissions, provided by the National Consumer Disputes Redressal Commission. The facts of the case are that the complainant, Baghel Singh is the registered owner of truck No. Act as passing suitable orders in the non-consumer dispute related issues and or ask for the thorough assessment of any records concerned that may have remained undecided before the State Commission. It provides consumers with speedy and inexpensive redressal grievances mechanism and specific relief or award of compensation. The state commission had dismissed the complaint, seeking possession of the flats along with compensation. The allotment was cancelled by the builder, and they stated that balance sale-consideration was not paid by the buyer. The National Commission is empowered to issue instructions regarding 1 adoption of uniform procedure in the hearing of the matters, 2 prior service of copies of documents produced by one party to the opposite parties, 3 speedy grant of copies of documents, and 4 generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.
Section 21 of Consumer Protection Act, 1986 posits that the National Consumer shall have jurisdiction:- to entertain a complaint valued more than one crore and also have Appellate and Revisional jurisdiction from the orders of State Commissions or the District fora as the case may be. The National Commission has the power to review any order made by itself when there seems to be an error on the record, as stated in Section 22. This can be in the form of compensation, removing defects or deficiencies, discontinuing unfair trade practice, withdrawal of hazardous good for sale and so on. The fitness certificate was issued on 5. Resorting to legal remedies however is suggested as a last resort only. These articles, the information therein and their other contents are for information purposes only. Dispute Redressal Agencies Section 9 of the Consumer Protection Act advocates three-tier redressal of consumer disputes at the national, state and the district levels.
The cases can be of conflict of opinion as well like the already exercised a jurisdiction which fails to tune with the law concerned besides the other factors such as failure of jurisdiction exercised as deemed. If you browse and use this website www. The State Commission may transfer a complaint to it from the District Forum at any stage of the proceeding. Section 19 of the Act grants an appeal against the decision of the National Commission within 30 days to the Supreme Court. The insurance company was bound by the terms and conditions of the insurance policy and hence, they had rightly repudiated the claim.
The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases. Details related to members of the Commission, state commissions, district forums, and consumer protection legislations are also available. He has drawn attention to a stamp affixed on the certified copy of the order of the State Commission, stating that a certified copy of the order was supplied free of cost to the parties on 11. In accordance with Section 14 of the Act, the District Forum has the power to grant damages. Its main function is to maintain the fair practices by the sellers towards consumers. The petition was filed on 18.
The service can be of any description and the illustrations given above are only indicative. The National Commission may receive a transfer of a complaint from the State Commission at any stage of the proceeding in the interest of justice. Against the order of the State Commission a consumer can come to the National Commission. The petitioner has however, stated that at that time, the truck was plying in West Bengal and on its return to the native place, the certificate was got issued again on 6. Respondent s For the Petitioner : Mr. If a consumer does not have the proper documents required for filing a case then it would be very difficult for the consumer to win or even file a case.