MODULE-5 - CHAPTER-5 ADDITIONAL

CONSUMER PROTECTION COUNCILS

TOPIC CENTRAL COUNCIL STATE COUNCIL DISTRICT COUNCIL

1) ESTABLISHMENT By Central Government by By State Government By State Government…………
notification as per date specified ……....
therein

2) MEMBERS Chairman – Minister incharge ……………………in Collector of District

of Consumer affairs in Central State Government
Government.
Official and Non-official ……………………as …………………….as
Members representing certain prescribed by Central prescribed by State
interests prescribed by Central and State Government Government
Government

3) MEETINGS As and when necessary ………………….. …………………

One meeting per year 2 per year 2 per year
Time and place at discretion of ……………… ………………..
chairman
Procedure prescribed by Central ……………….by State ……………………by State
Government Government Government

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4) OBJECTIVES Generally promote and promote interest of Consumers such as :
a) To be protected against the marketing of good and services which are hazardous to life
and property
b) 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 unfair trade
practices
c) To be assured wherever possible, access to a variety of goods and services at competitive
prices
d) To be heard and to be assured that consumer’s interests will receive due consideration at
appropriate forums
e) To seek redressed against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers
f) Consumer education

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 REDRESSAL AGENCIES

TOPIC DISTRICT FORUM STATE COMMISSION NATIONAL

COMMISSION
1) ESTABLISHMENT By Notification of State …………………….. ……. ……….of Central
Government in one or more one or more state Government- One for India
districts

2) COMPOSITION President - qualified to be ………………….be …………………………be

District Judge High Court Judge and Supreme Court Judge and with
with consultation of consultation of Chief Justice of
Chief Justice of High India
Court
Members – 2 - one to be woman …………..as 4 or prescribed
Qualification : prescribed ………………….
a) 35 years …………………. ………………….
b) BA (Graduate ) …………………. ………………….
c) Expert in the field of : …………………. ………………….
Economics, Law,
Commerce, Accountancy,
Industry, Public Affairs or
Administration
d) 50% to have Judicial ………………….
(10 years) background

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Disqualification
1) Convicted and sentenced …………………… ……………………………
to imprisonment for
offence involving moral
turpitude
2) Is an undischarged ……………………. …………………………….
insolvent
3) Declared of unsound mind …………………….. ……………………………..
by competent court
4) Removed or Dismissed by ……………………… ………………………………
from service of
Government or Corporate
owned by Government
5) Has financial interest ……………………… ………………………………
likely to effect discharge
of function
6) Prescribed by State ………………………. …………………………by
Government Central Government
Selection Committee : ……….. ………….
i) Chairman – President of ……………………… i) Judge of Supreme Court of
State Commission India nominated by Chief
ii) Member – Secretary, Law ……………………… Justice of India
Department of State ii) Secretary of Department of
iii) Member – Secretary, ……………………… Legal Affairs of Government of
Department of Consumer India
Affairs iii) Secretary of Department of
Central Government of
Consumer Affairs of Central

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 Government
Period of Office : 5 years or upto 65 years and ……….upto 67 years ………….upto 70 years
reappointed if not completed …………………….. …………………………
65 years ……………………. …………………………
67 years 70 years
Can resign by notice to State …………………….. …………………………
Government. to Central Government
Salary and Honorarium as ……………………… ……………………….
fixed by State Government Central Government

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3) JURISDICTION Original pecuniary – upto 20 20 Lakhs to 1 Crore Exceeds 1 Crore
Lakhs Appeals against order Appeals against order of any
of any district state commission in the country
commission in the state

4) APPEAL NIL Within 30 days or Deposit of 50% or Rs. 25,000/-

extended period which ever is less.
deposit of 50% or Rs.
25,000/- which ever is
less
5) HEARING OF NIL To be disposed of
APPEAL within 90 day of
admission adjournment
on sufficient ground for
reasons recorded in
writing and imposition
of costs

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6) CIRCUIT BENCHES NIL
7) BENCHES NIL
8) Transfer of Cases NIL
9) Vacancy of Office of By reason of absence or
Prel. inability to perform – to be
performed by senior most
member
10) Finality of Orders If no appeal has been
preferred
11 ) Limitation period 2 yrs from date of cause of
action
Application for condonation
of Delay
Allowed with recorded
reasons
12) Administrative Nil
Control
As per notification of Ct. Government
State Govt. After
Consultation with SC With NC
By President with one
or more members
decision by majority
binding and if equally
divided referred to
pres. Or by pres. To
another member
On Application ST. C. On application or own motion
may from one DF to NC may from DF of one State
another in the interest to another or one Sc to another.
of Justice
…………. ………
……….. ………..
Over District for in
following Matters :
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 i) Periodical return
regarding Institution
Disposal and Pendency
of Cases
ii) Issue Instruction
regarding :
a) Uniform procedure
b) Prior Service of
Documents on other
c) English Translation
of copies
d) Speed Grant of
Copies
iii) Overseeing
functioning of State
Commission and
District form without
interesting with Quasi
Judicial Freedom.
13) ENFORCEMENT In case of Non-compliance
OF ORDERS order attachment of Property
Further Non –Compliance,
sell the property, pay
damages and return balance
14) FRIVOLOUS AND Dismiss award cost upto Rs.
VEXATIONS 10,000/-
COMPLAINTS
15) Penalty for Non- 1 month upto 3 years
Compliance of Orders 2000 upto 10,000

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16) MANNER IN Filed by Consumer,
WHICH Consumer Assoc, One on
COMPLATION SHALL behalf of all, Central
BE MADE Government or State
Government
Accompanied by prescribed
fee
Admit or Reject ( After
opportunity of being heard
within 21 days of Receipts of
complaint
Heard as per procedure under
Act
17) PROCEDURE ON Direct copy to OP within 21 With power of review
ADMISSION OF days of Admission version
COMPLAINT within 30 days or extended Adjournment only with
15days reasons interim orders Examination of Witnesses
If defective goods require can be passed f) Prescribed matter
Testing, obtain sample and Proceedings cannot be - Certain provisions of CPC
dispatch for Testing and challenged on ground AND CR. Pc applicable.
report within 45 days or of violation of
extended period granted principles of Natural
request deposit of fees – remit Justice
to appropriate Powers of Civil Court
Lab. Forward Copy of report for :
to OP Disputed by OP a) Summoning and
disputed by OP Both parties enforcing
to be heard If above attendance of
procedure not applicable any Defendant

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 direct ( OPY TO OP Disputes or witness and
evidence ( Ex –parte or examining them
Dismissal for Default )- on oath
Proceed to pass orders – b) Discover and
period of Disposal 3 to 5 production of
months any document or
object as
evidence
c) Reception of
evidence on
Affidavit
d) Requisition of
report of
analysis
e) Issuing
commission for
18) FINDINGS If there is Defect in goods or Misleading advert
deficiency in services Heard by Pres and one
a) Remove defect member signed by Pres
b) Replace goods and Members and
c) Return price/ Lawful points of dissent
charges recorded
d) Compensation in case of
negligence ( punitive
damages if circumstance
permit )
e) Remove deficiency in
services
f) Discontinued not repeat

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 unfair / restrictive trade
practice
g) Not to offer Hazardous
goods for sale
h) With draw hazardous
goods from sale / seize
them
i) Damages for Injury
caused
j) Issue corrective
advertisement / Neutralise
19) HEARING NIL 90 Days from Date of
APPEAL Admission
Adjournment and delay
reasons to be recorded

MISCELLEANEOUS :
PROTECTION OF ACTION IN GOOD FAITH
SERVICE OF NOTICE
RPAD
REFUSES, CONSIDER SERVED
POWER TO REMOVE DIFALUTIES
VACANCY OR DEFECT IN APPOINTMENT NOT TO INVALIDATE ORDERS
POWER TO MAKE RULES
POWER OF NC TO MAKE REGULATIONS
RULES AND REGULATIONS TO BE LAID BEFORE HOUSE OF PARLIAMENT – 30 DAYS.

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