CONSUMER COURTS
In India, we have redressal machinery called Consumer Courts
Constituted under the Consumer Protection Act (1986), functioning at national,
state and district levels.
To provide speedy redressal of consumer disputes, three-tier
machinery is set-up:
·
District Forum at the District Level.
·
State Commission at the State Level.
·
Central Commission at the Central Level.
DISTRICT
FORUM:
Composition: Each
District Forum shall consist of :
•
The district forum shall be headed by a person who is qualified to
be a Judge of a district court.
•
A lady social worker-as
its member.
•
A person of eminence in
the field of education, trade or commerce as its member.
Every member shall hold office for a period of 5
years and is not eligible for re-appointment. The district Forum can decide
complaints where the value of the goods and services and the compensation, if
any, claimed does not exceed of 20
lakhs.
Powers of District Forum
·
To summon and enforce
attendance of any defendant or witness.
·
To discover and produce
any document or other material as evidence.
·
To receive evidence on
affidavits.
·
To direct the party to
remove defect from the goods in question.
·
To replace the goods
with new goods of similar description.
·
To return to the
complainant the price of goods in question.
·
To pay such amount to
the consumer for any loss or injury suffered by the consumer due to the
negligence of the producer or seller.
The District Forum settles the disputes by
following specific procedure after receiving the complaint. The decision of the
forum cannot be challenged in any court. The forum enjoys the power of the
civil court. However, appeal against the order of the forum can be made to the
State Commission within a period of 30 days.
State
Commission:
The State Commission has the powers to entertain
complaints where the value of goods and services and compensation if any,
claimed exceeds 20 lakhs but does
not exceed of 1 crore.
The State Commission consist of a person who is or has been a
judge of a High Court who shall be its president and two other members, one of
whom shall be a woman. The procedure for the disposal of complaints to be
adopted by the State Commission is the same as prescribed under the Act for the
District Forum.
National Commission:
The National Commission has the powers to
entertain complaints where the value of goods or Services and compensation, if
any, claimed exceeds 1 crore. It
also deals with appeals against the orders of any State Commission.
The
National Commission shall consist of:
(a) A person who is or has been a judge of the
Supreme Court, to be appointed by the Central Govt. who shall be its president.
(b)
Four other members, one of whom shall be a woman.
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