Q. 7. WHAT IS NUISANCE?

DISCUSS WITH ILLUSTRATIONS WHEN NUISANCE BECOMES WRONG OF

TORTS.
INTRODUCTION- Nuisance is a form of Tort, which has some resemblance with Tresspass, another form
of Torts. But nuisance is somewhat lighter form in comparison to Tresspass. The common thing between
these two kinds of Torts is it is related to the property of another. Also the common point in these two
kinds of Torts is that these torts are also covered under the criminal wrongs when the trespass or nuisance
are of a grave nature. In the case of Nuisance, the offence under the IPC is constituted when it is Public
Nuisance.
MEANING OF NUISANCE-
In common language Nuisance means the act that is irritating. Such irritating act may be unlawful or in
certain cases it may not be a violation of the law. To constitute Tort of nuisance, the act must be unlawful,
and is interference in the use of one’s land or any right connected with it.
NUISANCE DEFINED-
Winfield defined the term Nuisance as: “Nuisance as a Tort means an unlawful interference with a
person’s use or enjoyment of land or some right over or in connection with it .”
This definition was adopted in the case of Bhanwarlal v. Dhanraj, AIR 1973 Raj 212.
Pollock defines Nuisance as: “Nuisance is the wrong done to a man by unlawfully disturbing him in the
enjoyment of his property or in some cases in the exercise of common right.”
Pollock’s definition was adopted in the English case of Howard v. Walker ( 1947)2 All ER 197.
ESSNTIALS OF NUISANCE / WHEN NUISANCE BECOMES A TORT-
The following are THREE essential elements which make the Tort of Nuisance:
1. Unreasonable Interference.
2. Interference with the use or enjoyment of land.
3. Damage caused.
These essentials may be explained with illustrations from reported cases as under:
1. UNREASONABLE INTERFERENCE- It is interference that must be unreasonable, meaning thereby that a
normal nature of interferference in the enjoyment of right on one’s land does not constitute a Tort. It is
only when it is more than the ordinary or reasonable extent of it. The following were declared to be
unreasonable interferences in the enjoyment of rights over one’s land:
In Radhey Shyam v. Gur Prasad, AIR 1978 All 86, running of a floor mill in the residential building was held
to be nuisance because it will create unreasonable noise and interference in the life of other persons
residing in the same building.
In Ushaben v. Bhagya Laxmi Chitra Mandir,AIR 1978 Guj 13, the plea for permanent injunction restraining
the defendants from showing film “Jai Santoshi Maa” because it will hurt the plaintiff’s religious feelings,
was not accepted as unreasonable interference in life.
STANDARAD OF ORDINARY MAN AND OVERSENSITIVE PLAINTIFF NO GROUND- What is reasonable or
unreasonable, it is to measured on the yardsticks of an ordinary man and an oversensitive man can not
claim it unreasonable interference as per his own standards. An English case of Robinson v. Kilvert (1889)
declared it.
NUISANCE IS CONSTITUTED WHEN IT IS CONTINUOUS- In a case of bad smell etc. it will be a nuisance if it
is continuous and/or for long intervals. A bad smell or other problem for a short while and its single
instance does not constitute Nuisance. In Stone v. Bolton , (1949) All ER 237, held that to constitute
nuisance, it must be “a state of affairs” to constitute nuisance.
MALICE MAKES IT ACTIONABLE WRONG- If the defendant creates nuisance with a bad intention and to
create problem to the plaintiff, like loud music or voices near the adjoining wall of the plaintiff’s bedroom,
it becomes actionable as a Tort of Nuisance, it was held in the English case of Christie v. Davey (1893).

2. INTERFERENCE WITH THE USE OR ENJOYMENT OF LAND- Such interference may be:
(i) Injury to the property, or
(ii) Injury to comfort of occupants of certain property.
INJURY TO PROPERTY-
An unauthorized interference by the defendant with the property of plaintiff through some direct tangible
or intangible object which causes damage to the property is Nuisance. It may be branches of a tree or
Escape of Roots, Water ,Gas, Smoke or Fumes, Vibrations on to the neighbour’s land. All these have been
held Nuisance as injury to the property.
SUPPORTFROM NEIGBOUR’S LAND- Which the neigbour has right to remove is not actionable as damage
to property. But if such support is a GRANT i.e. sanctioned or by Prescription i.e. by way of long
uninterrupted use, then such removal of support becomes actionable wrong as Tort of Nuisance.It was
held it Dalton v. Angus (1881).
INJURY TO COMFORT- Right to Air and Light have been held prescriptive and essential easement rights
recognized both under the English and Indian Laws. Indian Easements Act, 1882 under section 15 and
section 25 of the Limitation Act, 1963 recognise such easement rights.
ESSENTIALS FOR EASEMENT RIGHT IN INDIA-
1. Right has been peaceably enjoyed.
2. It was used as an easement i.e. right in the property of another.
3. It was used as a Right.
4. Exercise of right was without interruption i.e. continuously without breaks or objections.
5. Right has been in use for atleast 20 years.
INJURY TO COMFORT OR HEALTH- If it is real and not only fanciful has been held to be Nuisance. Rule of
Ordinary Prudent Man and reasonable use shall be applied.Loud noises through out night hours in the
adjoining stable, club, music, fireworks etc have been held nuisances.
3. DAMAGE TO PROPERTY- As it is general to constitute a Tort, damage is normally required to be proved.
But in private nuisance, where injunction is to be obtained,the damage can be presumed by the Court and
plaintiff is not required to prove it. On the other hand, in Public nuisance, damage is generally required to
be proved to claim compensation.
TWO KINDS OF NUISANCE-
1. Public Nuisance or Offence of Nuisance
2. Private Nuisance or Tort of Nuisance
PUBLIC NUISANCE- It is nuisance on a public way or public place which is causing nuisance or interference
to a large number of people. Under section 268 IPC it has been declared an offence.The term has been
defined as:
“ Public Nuisance- Aperson is guilty of a public nuisance who does any or is guilty of an illegal omission
which causes any common injury, danger or annoyance to the public or to the people in general who dwell
or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use any public right.”The Code thereafter deals with
different kinds of such negligent acts like spreading infection,of disease, disobedience to quarantine rule,
fouling water of public reservoir, making atmosphere noxious etc etc prescribing punishment from 6
months to 2 years imprisonment.
2. PRIVATE NUISANCE- is Tort of nuisance with 3 essentials of- unreasonable interference, interference
with use of enjoyment of land, and damage.
DEFENCES AVAILABLE IN NUISANCE
The defences that can be used to escape from liability in a tort of nuisance are divided into two categories
as:
1. Effectual Defences, and
2. Ineffectual Defences

EFFECTUAL DEFENCES- These are complete defences which have been accepted by the courts in different
cases. Such defences are TWO only as:
(i) PRESCRIPTIVE RIGHT TO COMMIT NUISANCE- Prescriptive right is aright in the property of another’s
land which has become legal as an easement. If conditions of the Easement Act like Peacuful enjoyment,
uninterruptedly and continuously as a right for over 20 years, are fulfilled it becomes the prescriptive
right, which cannot be taken away and deprivation of such right amounts to a Tort .
(ii) STATUTORY AUTHORITY-Like a general defence under Law of Torts, an act of an authority empowered
under the statute, like the Railway company can undertake the work assigned to it and nuisance caused
as a result of such act will not be a tort for claiming compensation.
INEFFECTUAL DEFENCES- These are not complete defences uniformly accepted by Courts but may be
pleaded by the defendant to escape from liability or to reduce the compensation. These are the following:
1. Nuisance due to acts of others i.e. apart from defendant some other persons are also causing nuisance.
It may be a defence for shifting the case to another person or of a composite nuisance.
2. Public Good- The plaintiff has done the act for the betterment of general people, like opening a fish
shop or a business for convenience of people going far off.
3. Reasonable Care- That defendant was taking all possible care but of no use.
4. Plaintiff Himself Coming to Nuisance- The defence that defendant could have avoided the damage by
taking another way. It is also ineffectual defence to be tested on general principles of Tort Law.

CONCLUSION- Nuisance as a kind of Tort is becoming important these days when people are becoming
used to more comforts of life, and are also becoming more conscious of their rights. More Indian case law
on the point will make the concept more clear in the times to come.
------------------

Q. 8. DEFINE TRESPASS A ND EXPLAIN TRESPASS AGAINST IMMOVABLE LAND AND TRESPASS AGAINST
BODY CONSTITUTING ASSAULT AND BATTERY.
Introduction-
As per Salmond, Trespass was the first kind of Tort recognized in Law. In fact, it included all kinds of torts.
Salmond writes,” In its widest and original signification, it includes any wrongful act- any infringement or
transgression of the rule of right.” In the second stage, trespass became narrower to mean “any legal
wrong for which appropriate remedy was a writ of trespass – viz. any direct and forcible injury to person,
land or chattel.” Then, as per Salmond came the third stage with its narrowest meaning, in which “it is
limited to one particular kind of trespass in the second sense- viz. the tort of trespass to land.” Salmond
narrates that the term Trespass as “crossing the boundrry” had its beginning from curly hair turning to
be so with long intervals of voyage on the ship without washing the hair. Therefore, Trespass is not only
earliest but also the most important form of Torts. It was yesterday and continues to be today itself.
MEANING OF TRESPASS- The literal meaning of the word Trespass is ‘Tres i.e. curly and ‘Pass’ means
crossing. Therefore, Trespass is crossing the limits of Curly hair. It was Trespass of the Person. In the
property, it was applied as “crossing the boundary of property of another person. It means any direct
injury to a person, his goods or his immovable property.
TWO KINDS- Trespass is of Two Kinds and both the kinds have been dealt and defined separately by the
authors. These are:
1. Trespass to Land, and
2. Trespass to Person.
TRESPASS TO LAND
DEFINITION- Trespass to land is entering upon the premises of another person without his consent, or
even continuing there without his consent, or even it may be going beyond the limits consented by the
possessor of the premises. It is unlawful or unpermitted entry upon the premises of another person.
Indian Penal Code defines the term Criminal Trespass under section 441 as:
“ 441. Criminal Trespass- Whoever enters into or upon property in the possession of another with the
intent to commit an offence or to intimidate, insult, or annoy any person in possession of such property.
Or having lawfullyentered into or upon such property, unlawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with intent to commit an offence,
Is said to commit “criminal trespass”.
MAKING OUT TRESPASS AS A TORT- From the above definition of an offence i.e. Criminal Wrong, if we try
to make out Trespass as a Civil wrong i.e. A Tort of Trespass to Land, it could be defined as:
Whoever enters upon the landed property in possession of another person without his consent without
the consent of such person, or continues to overstay there beyond the time or limits of such permission
to annoy the possessor, is said to have committed the tort of Trespass.
AS per English Case Law- Trespass to land means interference with the possession of land without lawful
justification. In Lawrence v. Ober (1815), the Court further clarified that trespass could be committed
either by person himself entering the land ofanother person or doing the same through some material
object, e.g. throwing of stones on another person’s land, driving nails into the wall, placing ladder against
the wall or leaving debris upon the roof etc.
Therefore, Trespass to land can be defined as “An unauthorized interference in the possession of another
person’s premises”. As per Salmond, the tort of trespass to land consists in the act of:
1. Entering upon land in the possession of the plaintiff; or
2. Remaining upon such land; or
3. Placing or projecting any object upon it.
In each such case, it is without a lawful justification.
ESSENTIALS OF TRESPASS TO LAND-
The following essentials emerge out of definitions:
1. An unauthorized interference
2. Such interference is in the use of land or premises
3.. The land or premises are in the possession of another person
UNAUTHORISED INTERFERENCE-
It is interference in the possession and use of land or premises by the person who has no permission of
law or the person in legal possession of such premises. In Graham v. Peat (1801), the plaintiff was
holding land under a void lease. It was held to be a trespass. On the other hand, in the famous Six
Carpenters’ Case(1610) six carpenters ordered wine and bread, consumed it and refused to make
payment. It was held not a case of trespass because entry of carpenters was not unauthorized. In
Madhav Vithal Kudwa v. Madhavdas Vallabhdas, AIR 1979 Bom 49, where the tenant of first floor used
to par k his car in the yard of groundfloor. In the case of trespass, the High Court declared the defendant
had the legal authorization, as a part of tenancy, to park his car. It was not trespass, the same being an
authorized act.
INTEREFERENCE IN THE USE OF PREMISES- Trespass is basically related to possession of land, and not
connected with ownership of land. The possessor has a right to use the premises. As in the Madav Vithal
Kudwa’s case, the tenant was held to have right to use the yard space for parking his car i.e. using it.
Likewise, in Six Carpenters’ case, the matter was decided to the point of entering into premises and
sitting i.e using it with implied consent of the owner of the premises.
PREMISES IN THE POSSESSION OF ANOTHER- The term possession is important. Here, it is made clear
that even if the owner enters upon the premisises he has given on rent, he has a right to enter the
premises with the permission of the tenant. Under the Specific Relief Act, even the person in wrongful
possession is protected for getting an Injunction unless he is dispossessed in a legal manner and by
proving his better title. Therefore, trespass is constituted when the trespasser enters upon the premises
in the legal possession of another person.
REMEDIES AVAILABLE IN TRESPASS-
In a suit for trespass to the land or premises, the following reliefs may be claimed and granted by the
Court:
1. RE-ENTRY- In case the plaintiff has been dispossessed, he has hir right to get re-entry in his premises
by order of the court, and if need be with help of the police.
2. ACTION FOR EJECTMENT- It is getting order of the court for getting the trespasser removed from the
premises who has wrongfully occupied the possession. Section 6 of the Specific Relief Act, 1963 gives
this speedy remedy.
3. M ESNE PROFITS- Mesne Profits are the profits which the person in wrongful possession has earned or
could have earned during such wrongful possession of the land or premises. The plaintiff has a right to
seek this relief from the Court along with seeking re-entry.
4. DAMAGES- AS is in every Tort, the damage caused to the premises shall be recovered as the damages
or compensation.
5. DISTRESS DAMAGE FEASANT- In case, the trespasser has kept some object like cattle etc on the
premises, the real possessor has a right to keep such object till his amount of compensation is paid. This
right is subject to many ifs and buts, and can be excercised only if court permits and such cattle and
chattel continue to remain on the premises after the trespasser has ejected.
DEFENCES AVAILABLE TO TRESPASSER-
The defendant can plead the following defences in his favour:
1. LEGAL RIGHT- That the defendant had a legal right to enter upon the land or premises, say he is a
tenant or a licence holder.
2. CONSENT OF THE PLAINTIFF- That his entry was with the valid consent of the plaintiff.
3. STATUTORY AUTHORITY- An official, say the Police Officer, Income Tax Official or any other statutory
authority has entered upon the premises to perform his legal duties and the plaintiff was resisting to it.
Under Cr. P. C. section a police officer can make a forcible entry to arrest the accused if he was not
permitting entry through the main door.
4. BETTER LEGAL TITLE- If the defendant has a better legal title than the plaintiff over the land, he can
plead to get a right to his possession over the premises.
5. ENTRY BY MISTAKE- Although mistake is not a valid ground but if it is genuine, like under a mistaken
belief he entered into the premises, it can be accepted as a defence.
6. ENTRY TO SAVE HIMSELF- Supposing some miscreants were following the defendant with weapons, to
save himself, if he enters into some premises not in the occupancy of any person, the defendant can
take tis defence.
CONCLUSION- Trespass to the land is a TORT as well as a criminal wrong, as recognized under section
441 and other sections like lurking house trespass etc under IPC. As a Tort also,it is the first and most
important kind of Tort.
TRESPASS OF THE BODY/PERSON
MEANING- Trespass to the body means touching or causing harm to the body of a person without his/her
consent and without any lawful authority. In this kind of Tort, force may have been used or not. This is a
Tort i.e. a civil wrong and also recognized as an Offence i.e. criminal wrong, particulary when force is used
or intended to be used.
THE REASON OF PROTECTING LIBERTY-Salmond’s new editions of treatise on Law of Torts refer to it with
reference to modern cases. It has been observed, “ So any direct and immediate interference with
personal liberty is actionable without proof of damage.—therefore, all or nearly all medical treatment and
all surgical treatment of an adult administered without consent is tortuous. This is incontestable.”
BATTERY AND ASSAULT TWO IMPORTANT KINDS-
Battery and Assault are two important kinds of Trespass against person or body recognized under the
English law.
BATTERY AS A TORT-
DEFINITION Salmond gives the definition on the basis of English case law as:
“Intentionally to bring any material object into contact with another’s person is a sufficient application of
force to constitute a Battery for example to throw water on him, or to pull chair from under him, whereby
he falls on the ground , orto appky a tone rinse to his scalp. So it is battery forcibly to take from him some
object he holds or wears.”
Battery consists of Intentional application of Force to another person Without any law ful justification,
TWO ESSENTIAL INGREDIENTS OF BATTERY- Are:
1.Use of Force
2. Without any lawful justification.
USE OF FORCE- Force here does not mean sufficient to cause Hurt, it may be very trivial (small). Simple
touching of another person’s body with Anger has been held to constituting Battery in the English case of
COLE v. TURNER.It may also not be a body touch. Touch of stick, throwing water or spitting on a man’s
face , pulling chair to make person fall have been held to be Battery.
But a passive obstruction from entry entry like door or wall to prevent entry in the room was declared to
be Not Battery in INNES v. WYLIE.
WITHOUT LAWFUL JUSTIFICATION- The essential requirement for wrong of Battery is –(1) It should be
intentional and (2) It should be without lawful Justification. Use of force to oust a trespasser is justified,
like touching the person without railway ticket to go out is no battery. In Cherubin Gregory v. State of
Bihar, AIR 1965 Mad 438 where naked electric wire was used to prevent persons from using a Laterine
was held to be Unjustified force, and declared Battery.
TORT OF ASSAULT- In simple words: An Attempt to commit Battery is said to be ASSAULT. It is
reasonable apprehension of causing Battery.
DEFINITION- In STEPHENS v. MYRES (1830) it was defined as: “ The act of putting another person in
reasonable fear or apprehension of an immediate Battery by means of an act amounting to an attempt
or threat to commit a battery amounts to an actionable assault.”
The following essentials of Assault emerge from this definition:
1. An Act
2. Aimed at putting other person in Fear or Apprehension
3. Fear or apprehension of Immediate Battery
4. Amounting to Attempt or Threat of Battery.
Mere Words Not Assault- In MEDE’s case (1823) it was held- The intent to do violence must be
expressed in threatening acts, not merely in threatening speech.
Words with Act is Assault- IN TUBERVILLE (1669)- it was held the words accompanying an act constitutes
Assault.
If the act is justified it is not Assault- In BAVISETTI VENKATA SURYA RAO v. NANDIPATI MUTHAYYA, AIR
1964 AP 382, the threat to sell of earrings to pay the arrears of land on the last day of such payment was
held by the High Court to be justified and not Assault.
ASSAULT IS ATTEMPT OF BATTERY- In PURSELI v. HORN (1838)- it was held: Generally assault precedes
Bttery. Showing a fist is Assault but actual striking it amounts to Battery. Throwing water on a person is
Assault and when it falls on him, it becomes Battery. But it is not essential that every Battery should
include Assault- like a blow from behind is Battery and at no stage it was Assault.
CONCLUSION- In India like other Torts, Battery and Assault are not often used as actionable wrongs. But
the criminal wrongs related to it,however, in its grave forms as provided under IPC are often put to
use.Mant times such wrongs have been declared TRIVIAL ACTS and not accepted as actionable wrongs.

Q.9. DEFINE DEFAMATION AND GIVE DEFENCES AVAILABLE IN THIS TORT.

INTRODUCTION- Defamation is both a Tort as a civil wrong as well as an Offence punishable under the
Indian Penal Code under section 500. A satisfying fact about India is that unlike many other kinds of Torts,
Defamation is is used as the subject-matter of civil litigation by Indians, and , therefore, has been widely
known as a Tort.
DEFINITION- Defamation is injury to the property of reputation of a person without justification.
In DIXOn v. HOLDEN (1869) it was held that A man’s reputation is his property, and if possible, more
valuable than other property. The Court held: “If a person injures the reputation of another, he does so
at his own risk, as in the case of an interference with the property,”
Salmond defines: “Adefamatory statement is one which has a tendency to injure the reputation of the
person to whom it refers, which tends, that is so to say to lower him in the estimation of right thinking
members of the society generally and in particularly to cause him to be regarded with feelings of hatred,
contempt, ridicule, fear, dislike or disesteem.”
IPC DEFINES the TERM DEFAMATION UNDER SECTION 499 AS:
“Whoever, by words either spoken or intended to be read, or by signs or by visible representation, makes
or publishes any imputation concerning any person intending to harm, or knowing or having reason to
believe that such imputation will harm, the reputation of such person, is said to, except in the cases
hereinafter, to defame that person.
ESSENTIAL ELEMENTS- 1. It is imputation i.e. a statement of allegation/derogatory.
2. Such statement may be expressed by the wrongdoer in words which may be spoken or in wrting to be
read, or it may also be signs or visible representation by any other made.
3. Such a statement is made public i.e. in the presence of others (if orally) or read by others i.e. other than
the person defamed.
4. The intention of the wrongdoer is to lower the image of person wronged in the estimation of others.
5. The statement must be referred to the plaintiff.
FOUR EXPLANATIONS- IPC clarifies Defamation by way of 4 Explanations as under:
1. Defamation of a dead person- If it would have been defamation had he been alive, and injures the
feelings of his family members. English law of Torts does not recognize defamation of the dead man.
2. Defamation can be of a Legal or Corporate Person like a Company, Society, Trade Union etc.
3. The Ironical or Sarcastic words can also be defamation.
4. The imputation worth lowering the reputation of a person is defamation.

TWO KINDS OF DEFAMATION- As defamatory statement can be either spoken or in written form i.e. in
temporary form or permanenr (long duration) form, it is distinguished as:
1. LIBEL
2. SLANDER
WHAT IS LIBLEL-Libel is representation in some permanent form, like writing, printing, picture or statute.
English law tries to name it defamation to the eye is Libel, but again the case law has made certain
exceptions to this mode of classification.
WHAT IS SLANDER- On the other hand, Slander is representation of defamatory statement in a
temporary or transient form. English law tries to name it by the mode of Ear.
DISTICTION OF EYE AND EAR IS NOT CLEAR- For example, a defamation by signs in the presence of some
persons, it is temporary in nature but it is defamation to the eye. It has been held to be Slander, and not
libel . Likewise, a matter recorded on a gramophone disc is addressed to the ear but it is of permanent
nature. Therefore, in some English cases it was declared libel and in others a slander.
NO DISTICTION UNDER INDIAN LAW- Indian Law under IPC and also under Law of Torts does not make
any distinction between Libel and Slander. Defamation is actionable in both forms, and that too under a
single head of”Defamation”. However, it may be the Court gives more compensation in cases of
defamation in its permanent form, because damage often becomes much more than it is in its transient
form. But in many cases, defamatory statement in a speech, when getting published in the newspaper
becomes defamation in its permanent form. In HCD SILVA v. EM POTENGER, (1946), J. GENTLE observed:
“ In my view, the English rule regarding proof of special damage in actions or slander does not apply in
India.’ In DP CHOUDHARY v. MANJULATA, AIT 1997 Raj 170, it was also held that all defamatory words
are actionable per se and in such cases general damage is presumed.
WHY DISTICTION IN ENGLISH LAW?
1. Under criminal law, only Libel is an offence or crime. Slander is no offence.
2. Under law of torts, slander generally is actionable on proof of special damage. Libel is actionable per
se i.e. without proof of damage. But slander also has been accepted under some exceptioable cases as
actionable per se. Slander of Women ACT, 1891 recognises it.
DISTICTION DOES NOT HOLD GOOD- Indian Law is more clear than the English law to make it clear that
distinction between Slander and Libel does not hold good in the present situations of development,
where it more difficult to classify, whether a defamatory statement is of permanent or transient nature.
English law is also recognizing non-existence of such distinction under modern statutes on the point and
the case law facing diverse and confusing situations.
DEFENCES TO AVOID LIABILITY OF DEFAMATION- IPC gives the following 10 defences as Exceptions to
liability-
1. Imputation of truth which public good requires to be made or published.
2. Public conduct of public servants.
3. Conduct of any person touching any public question.
4. Publication of reports of proceedings of courts.
5. Merits of case decided in court or conduct of witnesses or other persons.
6. Merits of public performance.
7. Censure passed in good faith by person having lawful authority over another.
8. Accusation made in good faith to authorized person.
9. Imputation made in good faith by person for protection of his or other’s interests.
10. Caution intended for good of person to whom conveyed or for public good.
CONCLUSION- Tort of defamation is gaining importance and recognition in the present-day world not
only in developed societies but also in the developing legal systems in India.The increasing case law will
make it further unambiguous.
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Q.10. DEFINE THE TERM ‘CONSUMER’ AS GIVEN UNDER THE CONSUMER PROTECTION ACT,2019. WHAT
WAS THE NEED AND REASONS TO ENACT THIS SPECIAL LAW? DISCUSS.
INTRODUCTION- The Consumer Protection Act, 2019 is the revised form of Consumer Protection Act,1986.
A special law for protection of consumers was a revolutionary step in Indian legislation to protect the
interests of consumers, as citizens of independent India.
CONSUMER DEFINED- Since the benefits of the Consumer Protection are available to consumers alone,
and every buyer of goods is not a consumer in this sense, therefore, it is foremost required to
Know the persons who fall in the definition of term “Consumer”.
Clause (7) of section 2 of the Act defines the term Consumer to convey:
PART-I OF DEFINITION (BUYER OF GOODS)-
1. Any person
2. Who buys any goods for consideration- wholly paid/ partly paid and partly promised/ wholly promised
Under any system of deferred payments (like hire purchase)
3. It includes any Person who uses the goods with approval of the person who has bought such goods
after paying consideration or promised under system of deferred payments(like hire purchase)
COMMERCIAL BUYER NOT CONSUMER- The definition makes it clear that a person who obtains the goods
for resale or use for a commercial purpose ( i.e. for using it for any business or trade) is not a consumer.
PART-II OF DEFINITION (BUYER OF SERVICES)-
1. Any person
2. Who hires or avails any service
3. For a consideration – paid or promised or partly paid and partly promised under system of deferred
payments
4. It includes the beneficiary of such service other than who the person who hired or availed services for
consideration, when such services are availed with the approval of person who paid/promised paying
consideration.
COMMERCIAL USER EXCLUDED- As is in the case of goods, a person who avails such services for any
commercial purpose.
SOME CLARIFICATIONS GIVEN- Under the Explanation added with the definition, it has been made clear-
1. If a buyer of goods uses exclusively for earning his livelihood by means of self employment (like a
Taxi/Auto driver), he is a consumer and not excluded naming such purchase for a commercial purpose.
2. ONLINE/OFFLINE TRANSACTIONS ARE BUYING?HIRING- The terms in the definition-“buys any goods”
and “hires or avails any services” include offline or online transactions through electronic means or by
teleshopping or direct selling or multi=level marketing.
SOME EXAMPLES OF CONSUMERS- Based on decided case law:
WHO HELD CONSUMERS- Employee who is member of EPF Scheme, An insured person or owner/ buyer
of insured vehicle, a hospital patient, telephone consumer, railway passenger who was overcharged,
company purchasing car for the Manager/Director, electric power consumer etc.
NOT CONSUMERS- An examinee of Board examinations, railway passenger whose train was delayed,
availer of free services, company purchasing computer for office use etc.

NEED AND REASONS TO ENACT THE SPECIAL LAW-

1. IT IS A SPECIAL LAW- Earlier the persons covered under the definition of consumer were required to go
for litigation under the Contract Act as a civil litigant, inviting all provisions, practices and procedural
shortcomings of civil court litigation applying to a breach of contract. CPA, 1986 gave a special protection
and status to consumers under the special law.
2. NEED OF CPA-
(i) CPA, 1986- Exploitation of consumers by the shrewd businessmen with high class but misleading
advertisements, misuse of civil court procedures like long delays, expensive litigation and unending
appeals etc made the ordinary buyer of any goods and services disinterested in litigation. But he always
felt frustrated and exploited by the business system and its legal arrangement. To undo all evils of legal
system and to make the consumer- the King of business feel proud of his place in business, Consumer
Protection Act, 1986 was enacted, which proved to a revolutionary legislative measure in India.
(ii) CPA,2019- CPA,1986 brought about a change in the behavior of consumers as well as in the approach
of seller of goods and services. Consumer Forums became flooded with cases, Consumer Councils created
awareness, Voluntary Consumer Organisations appeared on the scene, almost free-like court services
became available. But in the process, many hurdles came which were tried to be removed by effecting
amendments in CPA,1986. The 1993 amendments were major. and some came thereafter in 2003. But
with the changing pattern of sale/purchase of goods and services, largely increased cost of such goods
and services making access to District Forum restricted etc. led to the felt need for overhauling the
consumer law by way of a new legislation. This fructified as CPA, 2019.
WHAT IS NEW UNDER CPA,2019:
1. Enhanced jurisdiction of Distt. Commission ( Earlier Distt. Forum) to One Crore rupees from 20 Lakh.
And of State Commission increased from One crore rupees to Ten crore rupees.
2. A new concept of Product Liability introduced under Chapter VI.
3. Setting up of a Regulatory body (Central Consumer Protection Authority) under Chapter III.
4. Penalties introduced for misleading advertisements and endorsers of such advertisements (s. 89).
5. Concept of Mediation added under Chapter V.
6. Provision for compounding of offences made u/s 96.
7. And many more desirable amendments.

REASONS FOR CONSUMER PROTECTION ACT-

OBJECTS AND REASONS CLAUSE OF 1986 ACT:
The Objective Clause of the Act mentioned: “An Act to provide for better protection of 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.” The
objective was to provide for creating special forums for settling the consumer disputes and cause
awareness of consumer rights.
OBJECTS AND REASONS CLAUSE OF 2019 ACT:
It mentions the following important reasons:
1. The working of consumer dispute redressal agencies under the 1986 Act has served a purpose to a
considerable extent but the disposal of cases has not been fast due to various constraints.
2. Several shortcomings have been noticed while administering provisions of the 1986 Act.
3. Consumer markets for goods and services have undergone drastic transformation since the enactment
of CPA 1986.
4. Modern market place contains a large variety of products and services.
5. Emergence of global supply chains, rise of international trade and rapid development of e-commerce
have led to new delivery systems for goods and services.
6. New options and opportunities have been provided to consumers, leaving scope for more vigilance and
protection.
7. Consumers have been made more vulnerable to new forms of unfair trade and unethical business
practices.
8. Misleading advertisements, tele-marketing and direct selling along with e-commerce posed new
challenges to consumer protection
Accordingly, on the Report of the Standing Committee, 2016 a Bill was introduced in the Lok Sabha on 5 th
January, 2018 which ultimately appeared as the Consumer Protection Act, 2019.
CONCLUSION- CPA, 2019 is the modern law to protect the consumer interests. It has plugged many
loopholes of the 1986 but whether it is sufficient to save the consumers from the baffling offers and
advertisements of sellers and manufactures, it is yet to be seen. Let us hope, the law will be adapted and
amended as soon as new challenges surface on the matrix of consumer markets.
--------------------------------

Q. 11. DESCRIBE THE CONSUMER RIGHTS GIVEN UNDER THE CONSUMER PROTECTION ACT, 2019.

INTRODUCTION- Consumer Protection Act, 2019 is the modern form of Consumer Protection Act, 1986.
Its objective is to protect the consumer interests and to save consumers from unhealthy practices of the
sellers of goods and services.
SIX RIGHTS OF CONSUMERS-
Section 2 under clause (9) enlists the following SIX rights of the consumers:
1. The right to be protected against the marketing of goods and services which are hazardous to life and
property.
2. Right to be informed about the quality, quantity, potency, purity, standard and price of goods, products
or services so as to protect the consumer against unfair trade practices.
3. Right to be assured (wherever possible) access to a variety of goods, products or services at competitive
prices.
4. Right to be heard and to be assured that interests of consumers will receive due consideration at
appropriate forum.
5. Right to seek redressal against unfair trade practices or restrictive trade practices or unhealthy
exploitation of consumer.
6. The right to consumer awareness.
HOW CPA ASSURES CONSUMER RIGHTS?
The Consumer Protection Act, 2019 makes the following provisions for assurance that the said six rights
of consumers shall be protected:
1. RIGHT AGAINST MARKETING HHAZARDOUS GOODS & SERVICES- Section 36 provides for redressal of
the grievance by filing a complaint before the District Commission for value of goods or services up to Rs.
One crore. When such complaint can be filed? The definition of the term itself, as given under Section 2(6)
provides under clauses (v) and (vi) as under:
(v) If the goods being offered for sale are hazardous to life and safety of public because they are not as
per standards of quality prescribed or the trader knows these are unsafe.
(vi) The services being offered are unsafe and hazardous to life and safety.
Sections 90 and 91 provide for punishment for offering such goods or services in situations when no
damage has been caused and if a damage has been caused to the consumers. These punishments are in
addition to the power of the Distt. Commission (and also State and National Commissions) to order
compensation to the consumer, withdraw hazardous goods and services, not to offer them and to stop
manufacture such goods, under section 39 dealing with findings of the Distt. Commission.
2. RIGHT TO INFORMATION OF QUALITY, QUANTITY AND POTENCY ETC.- The term Unfair Trade Practice
has been defined under clause (47) of section 2 which covers all such malpractices. Clause (6) covers unfair
trade practice as a basis of complaint before the competent commission for seeking remedy. Section 39
authorises the Distt. Commission to order compensation to the consumer, to discontinue unfair trade
practice and replace the goods with those of proper quality and standards. Sections 90 and 91 provide for
punishments in addition to compensation.
3. ACCESS TO VARIETY OF GOODS- The earlier Monopolies and Restrictive Trade Practices Act, 1969
(MRTP) and now the Competition Act, 2002 provides for variety of goods and services and regulating a
healthy competition in trade. The CPA 2019 recognises it under the right to education of rights of
consumers including this right.
4. RIGHT TO BE HEARD AND ASSURED DUE CONSIDERATION OF CONSUMER INTERESTS- Chapter II of the
Act provides for establishment of Consumer Councils at District, State and National levels with the
common objective of rendering advice on promotion and protection of consumer rights under the Act.
Chapter III of the Act has provided for establishment of Central Consumer Protection Authority (section
10). Under section 18 the powers and functions of the Authority have been given, which include: to
promote, protect and enforce the rights of consumers as a class and prevent violation of consumer rights
under this Act, to advise the Ministries and Departments of central and State Governments on consumer
welfare measures. Section 17 provides for making complaints of violation of consumer rights to Distt.
Collector, Commissioner of Regional Authority or even to the Central Authority.
5. RIGHT TO REDRESSAL- Chapter IV of the Act provides for establishment of three-level Consumer
Redressal Commissions i.e. District, State and National Commissions for redressal, speedy disposal and
adequate reliefs when consumer is deprived of his deserving goods and services. This part of the Act
constitutes the core of the law and assures redressal of complaints and appeals in a speedy, non-expensive
and consumer-friendly way, also providing for mediation.
6. CONSUMER AWARENESS- It has been recognized as the initial right and fundamental of all consumer
rights. The Consumer Councils at all levels, the Consumer Protection Authority at all its leves and the
Departments of Consumer Affairs in State and Central Governments are assigned the duty of spreading
consumer rights’ awareness on a regular basis. The Voluntary Consumer Organisations have been given
due recognition under the Act for making complaints, coordinating with Consumer Councils and central
Consumer protection Authority.
CONCLUSION The Act of 2019 not only provides for consumer rights as was in the Act of 1986 but it gives
additional emphasis on protection of such rights in a more effective way. The introduction of Mediation
and establishment of Central Consumer Protection Authority with its working arrangement at all levels
has definitely improved the protection of consumer rights.

Q. 12. GIVE A BRIEF ACCOUNT OF CONSUMER PROTECTION COUNCILS AND THEIR FUNCTIONS UNDER
CPA,2019.

INTRODUCTION- The Consumer Protection Act, 2019 (like it was provided under 1986 Act) provides for
Consumer Protection Councils as advisory bodies to the concerned authorities, The purpose is to promote
the consumer rights in an effective and meaningful way Chapter II of the Act from sections 3 to 9 deal
with these Councils.
THREE-TIER CONSUMER COUNCILS-
Three- tiers of the Consumer Protection Councils are:
1. Central Consumer Protection Council- at the National level.
2. State Consumer Protection Councils- at the State level.
3. District Consumer Protection Councils- at the District level.

ESTABLISHMENT OF COUNCILS-
1. Central Consumer Protection Council- Under section 3(1) of the Act, the Central Council shall be
established by the Central Government by notification in the official gazette. It shall come into existence
from the date from the day mentioned in the Notification.
2. State Consumer Protection Council- Section 6(1) provides for establishment of the State Council by the
respective State Government. It is provided that “Every State Government shall establish”. The procedure
is by issuing a Notification in the Official Gazette. Such State Councils shall ceme into existence from the
date mentioned in the concerned Notification.
3. District Consumer Protection Councils- Under section 8(1) the State Government shall establish District
Councils for each of its Districts. The process of such establishment is by Gazette Notification of the State.
Such Councils shall come into effect from the date mentioned in respect of the concerned Council in the
Notification itself.
COMPOSITION OF COUNCILS-
1. The Central Council- Under section 3(2) shall consist of the following Members-
(a) Chairperson- Minister in-charge of the Department of Consumer Affairs in the Central Government.
(b) Members- The number of members as prescribed under the Rules in this regard to represent different
interests as prescribed. Both official and non official members are prescribed to be nominated.
2. State Councils- Under section 6(2) shall consists of the following Members-
(a) Chairperson- The Minister In-charge of the Consumer Affairs in the State Government.
(b) Members-(i) Both Official and Non- official members to represent in the number and interests to be
represented as prescribed under the Rules by the Central Government under section 101(1).
(ii) Members Nominated by the Central Government- under section 6(2) (c) – both official and non-official
. Maximum number is 10.
3. District Councils- Under Section 8(2) to consist of the following-
(a) Chairperson- The District Collector of the concerned District ( named as Deputy Commissioner or by
anyother name).
(b) Members- As prescribed under the Rules in this regard in terms of its number and interests to be
represented. Both official and non-official Members are represented on the District Council.

MEETINGS – INTERVAL AND PROCEDURE-

A. Meeting Intervals-
1. Central Council- As per section 4(1) – To meet as and when necessary but ONE MEETING every year is
mandatory.
2. State Council- Section 6(3)- To meet as and when necessary. But TWO meetings every year are
nrcessary.
3. District Council- Section 8(3) provides, To meet as and when necessary but Minimum of TWO meetings
every year.
B. Time and Place of Meetings- For all the three councils, the time and place of meeting shall be decided
by the Chairperson of the respective Councils.
C. Procedure of Meetings- For transaction of business will be the same as prescribed under the Rules made
by the Central Government under section 101 of the Act.
THE COUNCILS ARE ADVISORY BODIES- Under the relevant sections dealing with the composition of
Central, State and District Councils, it has been clearly provided that the Consumer Councils are advisory
bodies in nature.
OBJECTS OF THE COUNCILS- The Objects of the Central Council (under section 5), State Councils ( section
(7) and District Councils (as mentioned under section 9) are common in language, “To render advice on
promotion and protection of consumer rights under the Act.” The jurisdiction for such advice is obvious:
District for Distt. Council, State for the State Council and the entire country for the Central Council”.
CONCLUSION- The Consumer Protection Councils are importanct institutions for protection and
promotion of consumer interests. Since, the Commissions are directly dealing with redressal of consumer
complaints and Appeals (the State and National Commissions), the Councils are to take a lead for
promoting awareness and also suggest ways and means to the respective Governments as to how the law
can be effective and meaningful in achieving its vision and mission. But generally these Councils remain
defunct for the reason that their objects are not precisely defined and role is not properly appreciated..

Q. 13. DISCUSS THE COMPOSITION AND POWERS OF CONSUMER REDRESSAL COMMISSIONS (FORUMS)
UNDER THE CONSUMER PROTECTION ACT, 2019.

INTRODUCTION- The life blood of Consumer Protection Act lies in the Forums created for redressal of
complaints of consumers at its Three levels, viz. National, State and District. Under the 1986 Act the
District level authority was called District Consumer Redressal Forum but the 2019 Act has named it
District Commission, identical with the State and National Commissions.
COMPOSITION OF COMMISSIONS-
Chapter IV of the Act provides for 3-tier hierarchy of Consumer Redressa Commissions as under:
1. District Consumer Disputes Redressal Commission (District Commission)
2. State Condumer Disputes Redressal Commission (State Commission)
3. National Consumer Disputes Redressal Commission ( National Commission)
COMPOSITION OF DISTRICT COMMISSSION -
Section 29 (1) provides for establishment of the District Consumer Disputes Redressal Commission by the
State Government by Notification in the Official Gazette. Every District shall have the Commission,
however, it has been provided that State Government may establish more than one District Commissions
in a District if it deems fit.
President and Members- Sub-section (2) of section 29 provides that a District Commission shall consist of-
(a) One President, and
(b) Minimum of TWO and maximum of numbers prescribed by the State Govt. in consultation with the
Central Government.
QUALIFICATION & TENURE ETC- As per section 30, the Central Government Rules to be notified shall
prescribe Qualifications, Method of Recruitment, Terms of Office and Removal of President and Members
of the District Commission. Section 31, making Transitional provisions, clarifies that the
President/Member of the District Commission before this Act of 2019 came into force shall continue his
term for which he was appointed.
In case any vacancy of the President or Member arises, section 32 empowers the State Government to
authorize any other District Commission or the President or Member of any other District Commission to
exercise powers and functions of such Commission.
OFFICERS & EMPLOYEES OF DISTT. COMMISSION-
Section 33 provides for officers and employees to be provided by the State Govt. to assist the District
Commission in the discharge of its functions The President of the Commission shall have the general
superintendence ofver such employees.
JURISDICTION OF DISTT. COMMISSION-
Territorial Jurisdiction- As per section 34(2), the District Commission shall have jurisdiction within its
territorial limits i.e. in case one Distt Commission for the district, if more than one in one Distt. Then as
per territorial jurisdiction defined in the notification. As per sub-section (3), the Distt. Commission shall
ordinarily function from the District headquarter unless another place has notified another place in
consultation with the State Commission.
Parties Deciding Territorial Jurisdiction- Section 34(2) provides for deciding the territorial jurisdiction of
the Distt. Commission as under-
(i) In whose jurisdiction, the opposite party or all the opposite parties ordinarily resides or carries on
business (or its branch exists) or such party works for gain at the time of institution of complaint; OR
(ii) Any of the opposite parties (where more than one) ordinarily resides/ works for gain/ carries on
business at time of filing complaint; OR
(iii) Where the cause of action, wholly or in part arises; OR
(iv) Where the complainant himself resides or works for gain.
Pecuniary Jurisdiction- Upto ONE CRORE rupees the value of goods or services paid as consideration.
PROCEEDINGS IN DISTT> COMMISSION-
The following procedure is adopted for redressal of a complaint in te District Commission-
1. Filing of the Complaint
2. Preliminary Hearing
3. Reference to Mediation
4. Continued Proceedings Before Distt. Commission
5. Findings/Order of the Distt. Commission
6. Provision for Review
1. FILING OF THE COMPLAINT- The process of redressal of consumer complaint by the District Commission
initiates with the Filing of the complaint under section 35(1).
LIMITATION PERIOD- Section 69 provides that the complaint is to be filed within TWO YEARS from the day
when cause of action arises.
Who Can File the Complaint-As per section 35(1) ANY ONE of the following may file the complaint:
(a) The Consumer, whom goods ave been sold/agreed to be sold/delivered/agreed to be delivered; Or
who alleges unfair labour practice in respect of good/services.
(b) Recognised Consumer Association , whether consumer involved is member of such association or not.
(c) One or more consumers where there are numerous consumers having same interest but with
permission of District Commission.
(d) The Central or State Government or the Central Consumer Protection Authority established under
section 10 of the Act.
DOCUMENTS WITH COMPLAINT- Section 35(2) provides – Prescribed fee in the prescribed mode and other
required documents like receipts etc establishing the complaint. The complaint can be filed electronically
or by any other prescribed mode.
2. ADMISSION OF COMPLAINT/PRELIMINARY HEARING-
Section 36 provides that the proceedings in the Distt. Commission are to be held bt the President and
atleast One Member. Under section 36(2) the the Distt. Commission by order may Admit or Reject the
complaint ordinarily within 21 days. The rejection of the complaint can be ordered only after giving
hearing to the complainant. Sub-section (3) of section 36 makes clear that if admissibility is not decided
within 21 days of filing the complaint, it shall be deemed to have been admitted.
3. REFERENCE TO MEDIATION- Section 37 provides that on the first hearing after admission of the
complaint or at any later stage, if it appears to the Commission that there was possibility of settlement
between parties, the Commission may direct the parties to give their Consent in writing within 5 Days for
having dispute settled in Mediation as per provisions of Chapter V of the Act. In case of receiving the
consent, the matter shall be referred to Mediation within 5 days of receiving the consent.
4. HEARING BY THE DISTT. COMMISSION- In case the matter is not referred to mediation or if referred,
there has been failure of settlement, the Distt. Commission shall proceed with the Complaint under
section 38. The detailed procedure for such proceedings is given under section 38(2) if it relates to the
Goods and sub-section (3) when it relates to Services.
(i) The common procedure is sending copy of the complaint to the opposite party asking to reply within
30 days or extended time of 15 days. If in case og goods, Lab Analysis or Test is required, it may be got
conducted at the cost of the complainant. If the opposite party fails to file the reply, the complaint shall
be decided on its merits.
(ii) Decision of the Dispute on the basis of Documentary Evidence and Affidavit before the Commission.
As per sub-section (7) the complaint shall be expeditiously disposed off possibly within 3 months if no lab
test and within 5 months where Lab test or analysis is required. Adjournments shall be given only on
written recorded reasons.
For summoning and other purposes, the Distt. Commission has powers of the Civil Court under CPC.
WHAT FINDINGS/ORDERS CAN BE MADE?
Section 39 lists out all such orders which may be relevant in a case. These include; removing the defect,
replacing the goods, payment of compensation, discontinuance of unfair trade practice, or sale of
hazardous/ unsafe goods or any other order deemed fit like issuing correctited advertisements and
payment of Costs. The Order shall be signed by the President and the Member who conducted
proceedings.
5. REVIEW- In case of any error apparent on the face of record, the Distt. Commission on its own motion
or on application by the party within 30 days of order, may review the order under section 40.
6. APPEAL BEFORE THE STATE COMMISSION- by the party aggrieved by the Order to be filed before the
State Commission.

THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION

State Commission is established by the State Government by Gazette Notification under section 42 of the
CPact, 2019. The composition of the Commission and its Jurisdiction, Functions and Powers are as under:
COMPOSITION OF THE STATE COMMISSION- Section 42(3) provides as under:
1. President- ONE, and
2.MEMBERS- Minimum of FOUR and maximum of number prescribed in consultation with the Central
Commission.
BENCHES OF STATE COMMISSION- Section 47(2) provides for constitution of Benches of the Commission
by the President of the Commission. These may be of one or more Members, in case of more members,
the seniormost members shall preside.
Qualifications- of the President and Members as prescribed under the Rules made by the Central
Commission. Such Rules shall also provide for the method of recruitment, appointment term of office,
resignation and removal etc of the President and Members of the State Commission, it is provided under
section 43. However, section 45makes Transitional Provisions in regard to the Presidents/Members of
State Commissions working at the time when 2019 Act came into force- that they will complete their term
as per their earlier appointment.
SALARIES and Allowances- of the President and Members of the State Commission shall be provided under
the Notification issued by the State Government under section 44.
OFFICERS and STAFF- To assist the State Commission shall be determined by the State Government,
provides section 46. Such staff shall function under the superintendence of the President of the
Commission.
PLACE OF WORKING- Section 42(2) provides that the State Commission shall function from the State
capital and/or places notified by the State Govt. in the Official Gazette after consultation with the State
Commission.
JURISDICTION OF THE STATE COMMISSION-
1. Territorial Jurisdiction
2. Pecuniary Jurisdiction, which can be further divided into:
(a) Original Jurisdiction, and
(b) Appellate Jurisdiction
3. Supervisory/Revision Jurisdiction
TERRITORIAL JURISDICTION OF STATE COMMISSION- The territorial jurisdiction of the State Commission
is confined to the State itself. However, under section 62 the National Commission may transfer cases of
of one State Commission to another State Commission. Like it is in the Distt. Commission, section 47(4)
provides that the territorial jurisdiction shall be decided by the party instituting the complaint where-
(a) where the opposite party of each of the opposite parties or any of the opposite parties ordinarily
resides/ carries on business/ has branch office/ works for gain, or
(b) where the cause of action wholly or in part arises,or
(c) where the complainant himself resides or personally works for gain.
ORIGINAL PECUNIARY JURISDICTION- Under section 47(1), the State Commission can entertain consumer
complaints where the value of the goods and services paid as consideration is more than One crore but
does not exceed TEN Crore rupees. However, Central Govt. may prescribe another value.
LIMITATION TIME- Section 69(1) provides TWO Years limitation for filing the complaint with the State
Commission under original jurisdiction.
APPELLATE JURISDICTION- Under section 47(1)(a)(iii), the State Commission can entertain appeals
against the orders of any District Commission within the State.
LIMITATION- Section 41 provides for filing the Appeal within 45 days from the date of order of the District
Commission. However,State Commission may entertain Appeal after 45 days if satisfied that delay was
justified in the circumstances. The procedure and format of Appeal will be as prescribed under the Rules.
POWER OF REVIEW- Section 50 gives the power of Review to the State Commission in case it finds an error
on the face of record. Review may be on its own motion or on the application of any party. It is excercised
within 30 days of its order.
POWER OF REVISION- Under clause (b) of section 47(1), the State Commission is authorized to call for
records and pass appropriate orders in any consumer dispute pending before or decided by any District
Commission within the State, where it appears that such Distt. Commission has excercised jurisdiction not
vested in it or it has failed to exercise jurisdiction vested in it or has acted illegally or with material
irregularity.
POWER TO TRANSFER CASES OF DISTT> COMMISSION- Under section 48, the State Commission has power
to transfer cases from one Distt. Commission to another Distt. Commission within the State on the
application of a party or even on its own motion.
PROCEDURE IN THE STATE COMMISSION-
1. WHILE HEARING COMPLAINTS UNDER ORIGINAL JURISDICTION- Section 49 provides that the procedure
shall be the same as for disposal of complaints by the District Commission as given under sections 35,
36,37 ,38 and 39. However, Sub-section (2) of section 49 additionally provides that the State Commission
may also declare any terms of the contract null and void which are unfair to any consumer.
2. DEPOSITING 50% AMOUNT- Section 41 provides that the State Commission shall entertain the Appeal
only if the appellant has deposited 50% of the amount ordered by the District Commission.
3. HEARING APPEALS/ THE APPELLATE JURISDICTION- Section 52 provides for expeditious disposal of
Appeal to make effort to dispose off the appeal within 90 days . In case it exceeds this time, the written
reasons shall be mentioned.

THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

ESTABLISHMENT BY CENTRAL GOVERNMENT- Section 53 (1) provides that the Central Govt. shall establish
the National Commission by Notification in the Official Gazette.
PLACE OF FUNCTIONING- Under section 53(2), ordinarily it shall be the NCR (National Capital Region) or
other places which the Central Govt. notifies in consultation with the National Commission.
COMPOSITION OF NATIONAL COMMISSION- Section 54 provides it as:
PRESIDENT- One
MEMBERS- Minimum FOUR and maximum as prescribed.
QUALIFICATIONS- of President and Members as prescribed under Rules made by the Central Govt. Such
rules shall also provide the selection procedure, terms and conditions of appointment, salary and
allowances of the President and members of the National Commission.
MAXIMUM TENURE- will be of 5 years, however, eligible for re-appointment.
AGE REQUIREMENT- As specified in the Rules but maximum age for President is 70 years anf for Members
it is 67 years of age. Section 56 makes Transitional Provisions allowing already appointed President and
Members to continue their Term under the old Rules and provisions.
OTHER OFFICERS AND STAFF- To be appointed by the Central Govt. in consultation with President of the
National Commission under section 57. The staff shall function under the controlof the President of
National Commission.
BENCHES OF THECCOMMISSION- Under section 58(2), the National Commission mayfunction through its
Benches consisting of One or more members.
JURISDICTION OF THE NATIONAL COMMISSION-
1. ORIGINAL JURISDICTION- Under section 58(1), if the value of goods or services as paid consideration is
more than TEN CRORE rupees (or other value fixed by Central Govt), National Commission is empowered
to entertain consumer complaints.
LIMITATION- Under section 69 it is same for all commissions i.e TWO years from cause of action with
power to entertain after it if delay is for a sufficient cause. It is to condoned by recording reasons.
2. APPELLATE POWERS- Under section 51, any person aggrieved by order of the State Commission may
file Appeal to the National Commission within 30 DAYS from orders of the State Commission, however,
for sufficient reasons delay may be condoned.
PAYMENT OF 50% AMOUNT- In case an amount has been ordered to be paid by the State Commission,
the Appeal can only be filed after the appellant has deposited 50% of such amount.
3. DECIDING SUBSTANTIAL QUESTION OF LAW- Section 52(2) that National Commission has the power to
hear Appeals against the orders of the State Commission if it involves a substantial question of law.
4. ExPEDITIOUS DISPOSAL OF APPEAL_ Under section 52, it is to be disposed off within 90 days unless
extended for recorded reasons.
5 PROCEDURE- For entertaining complaints is same as for District and State Commissions ie as given under
sections 35 to 39.
6. POWER TO REVIEW- Its orders if error on face of record. It is suo moto or on application of a party
within 30 days of such order.
7. TRANSFER OF CASES- From one State Commission to another State Commission or from District
Commission of one State to the Distt. Commission of another State under section 62.
8. APPEAL AGAINST ORDER OF NATIONAL COMMISSION- Lies to the Supreme Court under section 67
within 30 days of the order. The condition of depositing 50% amount ordered by the National Commission
applies in such appeal as well.
9. ADMINISTRATIVE CONTROL- Under section 70, National Commission has administrative control over all
State Commissions. And State Commissions have such control over the District Commissions of their State.
CONCLUSION- The Consumer Redressal Commissions provide a great relief to the consumers in providing
speedy services and with very less fee. It has brought a revolution in adjudication of consumer disputes.
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