Consumer Protection Councils

The consumer protection Act, 1986 as amended by the (Amendment) Act, 2002 provides for
constitution of consumer protection councils at Central, State and District levels.

1. Central Consumer Protection Council

Establishment:
The Central Government shall establish, by notification, a Council to be known as the Central
Consumer Protection Council.
Membership:
The central Council shall consist of the following members, namely:
1) The Minister in charge of the Consumer Affairs in the Central Government, who shall be
its Chairman, and
2) Such number of other official or non-official members representing such interest as may
be presented.
According to rule 3 of the Consumer Protection Rules, 1987, the central Council shall consist of
the following 150 members, namely:
a) The minister in charge of Consumer Affairs in the Central Government, who shall be the
Chairman of the Central Council;
b) The minister of State or Deputy Minister in the Department of Civil Suppliers who shall
be the Vice Chairman of the Central Council;
c) The minister of Food and Civil supplies or minister in charge of Consumer Affairs in
States;
d) 8 Members of Parliament, 5 from the Lock Sabha and 3 from the Rajya Sabha;
e) The commissioner for Scheduled Castes and Scheduled Tribes;
f) Representatives of the Central Government Departments, autonomous organizations
concerned with consumer interests, not exceeding 20;
g) Representatives of the Consumer Organization or Consumer- not less 135;
h) Representatives of women- not less than 10;
i) Representatives of farmers, trade and industries- not exceeding 20;
j) Persons capable of representing consumer interests not specified above- not exceeding
15;
k) The Secretary in the Department of Civil Supplies shall be the member secretary of the
Central Council.
The term of the Council shall be 3 years.
Any member may, by writing under his hand to the Chairman of the Central Council, resign from
the Council; the vacancies so caused or otherwise shall be filled from the same category by the
Central Government. The person shall hold office so long as the member whose place he fills
would have been entitled to hold office, if the vacancy had not occurred.
Procedure for meetings of the Central Council:
The Central Council shall meet as and when necessary and at least one meeting of the Council
shall be held every year.
Objective of the Central Council: [Sec. 6]
The objects of the Central Council shall be to promote and protect the rights of the consumers
such as:
a) The right to be protected against the marketing 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 so as to protect the consumer against unfair –trade practices
c) The right to be assured, wherever possible, access to a variety of goods and services at
competitive prices;
d) The right to be heard and to be assured that consumers interests will receive due
consideration at appropriate forums;
e) The right to seek redressal against unfair trade practices or unscrupulous exploitation of
consumers; and
f) The right to consumer education.
The central council shall give wide publicity to the rights of the consumers and the consumer
dispute redressal agencies and procedure of filing complaints therein though television, radio,
newspapers and magazines to give impetus to consumer movement in the country.
2. The State Consumer Protection Councils
Establishment:
The state government shall, by notification, establish with effect from such date as it may specify
in such notification, a council to be known as the consumer protection council for (referred to as
the state council).
Membership:
The state council shall consist of the following members, namely:
a) The minister in charge of consumers affaire in the state government who shall be its
chairman;
b) Such number of other official or non- official members representing such interests as may
be prescribed by the state government.
c) Such number of other official or non-official members, not exceeding ten, as may be
nominated by the central government.
Meetings:
The state council shall meet as and when necessary but not less then 2 meetings are held every
year.
Objects of the state council:
The objects of every state council shall at to promote and protect within the state the rights of the
consumers laid down in Sce.6.

3. The District Consumer Protection Council

The state government shall establish for every district, by notification, a council to be known as
the district consumer protection council with effect from such date as it may specify in such
notification.
The district consumer protection council (here in after referred to as the district council) shall
consist of the following members, namely:
a) The collector of the district, who shall be its chairman; and
b) The state government may prescribe such number of other official and non- official
members representing such interests as.
Meetings:
The district council shall meet as and when necessary but not less than two meetings shall be
held every year.
Objects of the District council:
[Section 8-B inserted of by the consumer protection) Act, 2002]. The objects of every district
council shall be to promote and protect within the district the rights of the consumers down in
clauses (a) to (f) of Sec. 6.

The Redressal System:

The Act envisages three-tier quasi-judicial machinery at the National, State and District levels.

1. District Consumer Dispute Redressal Forum:

District Consumer Disputes Redressal Forum-popularly known as District Forum-consist of one
president and two other members. The president is a person who is or has qualified to be a
District Judge nominated by the state government, who sell be president, a education, trade or
commerce and a lady social worker.
The District Forum deals with complaints involving costs and composition less than Rs.20 Lakh.
At present, there are 604 District Forums functioning in India.

2. State Consumer Dispute Redressal Forum:

State consumer Disputes Redressal Commissions-known as state Commission-is next in the
hierarchy of consumer Redressal Forum under CPA. State Commission consists of a president
and two members. The president is a person who is or has been a Judge of a High court and two
other members, who shall be persons of ability, integrity and standing and have adequate
knowledge or experience of, or have shown capacity in dealing with problems relating to
economics, law, commerce, accountancy, industry, public affairs or administration, one of whom
shall be woman: provided that every appointment made under this clause shall be made by the
state Government on the recommendation of a selection committee consisting of the following,
namely:-
i. President of the state commission-chairman.
ii. Secretary of the law Department of the State-Member.
iii. Secretary, in-charge of Department dealing with consumer affairs in the state- Member.
State Commission deals with complaints involving costs and compensation higher then Rs.20
Lakh and less than Rs.1 cr. There are 35 State Commissions.

3. National Consumer Dispute Redressal Forum:

National Consumer Disputes Redressal Commission-Popularly known as National Commission-
is the top most layer in the three-level hierarchy of the Consumer Forums. It was constituted in
the year 1988. The National Commission consists of a president and four other members. The
president should be the one who is or has been a Judge of the Supreme Court, and the members
should be persons of eminence in economics, law, commerce, accountancy, industry, public
affairs or administration.
The National Commission deals with compliments involving cost and compensation higher than
Rs.1 cr.
In order to attain the object of the CPA, the National Commission has also been given sufficient
powers of administrative control over all the state Commission by calling for periodical returns
regarding the institution, disposal and pendency of cases. It is empowered to issue instructions
regarding:
1. Adoption of uniform procedure in the hearing of the meters.
2. Prior services of copies of documents produced by one party to the opposite parties.
3. Speedy grant of copies of documents.
4. Generally overseeing the functioning of the State Commission or the District Forums to
ensure that the objects and purposes of the Act are best served without interfering with
their quasi-judicial freedom in any way.

Reference:
1. K. Aswathappa, Essentials of Business Environment, 7th Ed., Himalaya Publishing House, Mumbai –
400-004

2. Francis Cherunilam, (2004), Business Environment, 5 th Ed., Himalaya Publishing House, Mumbai –
400-004

3. Sheikh Saleem (2001), Business Environment, 1st Ed., Pearson Education, New Delhi. 100-017

4. Marketing Mastermind (August 2007), Consumer Rights, The ICFAI University Press.