Types Of Consumer Redressal Machinaries And Forums

1. TYPES OF CONSUMER REDRESSAL
MACHINERIES AND FORUMS
Submitted To :
Ms. Mamta Sharma
AMITY SCHOOL OF INSURANCE, BANKING
AND ACTUARIAL SCIENCES
Submitted To :
Apurva Jha (I&B)
Sujit Kumar Bhowmick (I&B)
Rahul Gupta (I&FP)
Rishebh Clement (I&FP)

2. Meaning of Consumer
An individual who buys products
or services for personal use and not for
manufacture or resale. A consumer is
someone who
can make the decision whether or not to
purchase an item at the store, and
someone who can be influenced
by marketing and advertisements. Any
time someone goes to a store
and purchases a toy, shirt, beverage, or
anything else, they are making
that decision as a consumer.

3. Consumer Redressal Machineries
and Forums
For enforcement of the rights of the consumers, the
Act has created special consumer Courts. As Act
provides for a three-tier consumer grievance redressal
machinery with the District Forums at the base, the
Slate Commission at the middle level and the National
Commission at the apex level. The State and national
level bodies also function as appellate authorities.
Any verdict given by the National Commission can be
challenged in the Supreme Court.

4. Three-Tier Grievance Redressal Machinery
& Forums
The District Forum
State Commission
National Commission

5. Making a Complaint

6. DISTRICT CONSUMER REDRESSAL
FORUM
• Pecuniary Jurisdiction: Value of goods or services and compensation, if
any, claimed < Rs 20 lakhs [Section 11].
• Composition: Its President shall be a person who is, has been, or is
qualified to be a District Judge appointed by State Government. Two
other members, one of whom shall be a woman, who shall be not less
than thirty-five years of age, possess a bachelor’s degree from a
recognized university and shall be persons of ability, integrity and
standing, and have adequate knowledge and experience of at least ten
years in dealing with problems relating to economic, law, commerce,
accountancy, industry, public affairs or administration [Section 10].
• Term of office: For 5 years or up to age of 65 years whichever is earlier. A
member shall be eligible or reappointment for another terms of five
years within the specified age limit [Section 10(2)].

7. STATE CONSUMER REDRESSAL
COMMISSION
• Pecuniary Jurisdiction: Value of goods or services and the compensation, if any,
claimed > Rs 20 lakhs but < Rs 1 crore [Section 17].
• Composition: Its President shall be a person who is or has been a Judge of High
Court appointed by the State Government. Two other members, one of whom
shall be a woman, who shall be not less than thirty-five years of age, possess a
bachelor’s degree from a recognized university and shall be persons of ability,
integrity and standing, and have adequate knowledge and experience of at least
ten years in dealing with problems relating to economic, law, commerce,
accountancy, industry, public affairs or administration [Section 16].
• Term of office: For 5 years or up to age of 67 years whichever is earlier. A
member shall be eligible or reappointment for another terms of five years
within the specified age limit [Section 16(3)].
• Circuit Benches: The State Commission shall ordinarily function in the State
Capital but may perform its functions at such other place as the State
Government may in consultation with the State Commission notify from time to
time [Section 17B)].

8. NATIONAL CONSUMER REDRESSAL
COMMISSION
 Pecuniary Jurisdiction: Value of goods or services and the
compensation, if any, claimed > Rs 1 crore [Section 21].
 Composition: (a) Its President shall be a person who is or has been
a Judge of Supreme Court appointed by the Central Government.
(b) Not less than 4 and not more than such number of members and
at least one them shall be a woman, who shall have qualifications,
namely:
i. be not less than 35 years of age,
ii. possess a bachelor’s degree from a recognized university and
iii. be persons of ability, integrity and standing, and have adequate
knowledge and experience of at least ten years in dealing with
problems relating to economic, law, commerce, accountancy,
industry, public affairs or administration [Section 20].

9. CONTINUED…
 Term of office: Every member shall hold office for a term of 5
years or up to age of 70 years whichever is earlier. A member
shall be eligible for reappointment for another terms of five
years within the specified age limit [Section 20(3)].
 Circuit Benches: The National Commission shall ordinarily
function at New Delhi but may perform its functions at such
other place as the Central Government may in consultation
with the National Commission notify from time to time
[Section 22C].

10. PROCEDURE FOR FILING THE APPEALS
• Appeal against order passed by the
• District Forum  State Commission
• State Commission  National Commission
• National Commission  Supreme Court
• Within a period of 30 days from the date of an order. An appeal
may be entertained after expiry of period provide
Forum/Commission concerned is satisfied with cause of delay.
• Procedure for filing an appeal is the same as that of complaint,
except that the application should be accompanied by the orders
of the District Forum or the State Commission or the National
Commission, as the case may be. The reasons for filing the appeal
should be clearly specified.

11. FEE FOR FILING AN APPEAL
• An appeal before State Commission  50 % of the amount to be paid to the
complainant in accordance with order of a District Forum or Rs 25,000.00,
whichever is less [Provision to Section 15].
• An appeal before National Commission  50 % of the amount to be paid to
the complainant in accordance with order of a State Commission or Rs
35,000.00, whichever is less [Provision to Section 19]. The amount shall be
remitted in the form of Demand Draft drawn on a national bank in favour of
the Registrar, National Commission payable at Delhi [Rule 14-A].
• An appeal before the Supreme Court can only be filed after the appellant has
deposited fifty per cent of the amount that he is required to pay to the
complainant in accordance with order of a District Forum or Rs 50,000.00,
whichever is less [Provision to Section 23]. The amount shall be remitted in the
form of Demand Draft drawn on a national bank in favour of the Registrar,
Supreme Court payable at Delhi [Rule 16].

12. HEARING OF APPEAL
• An appeal filed before the State Commission or the National Commission
shall be heard as expeditiously as possible and an endeavor shall be made to
finally dispose of the appeal within a period of 90 days from the date of its
admission .
• Provided that no adjournment shall be ordinarily granted by the State
Commission or the National Commission, as the case may be, unless
sufficient cause is shown and the reasons for grant of adjournment have
been recorded in writing by such Commission.
• Provided Further that the State Commission or the National Commission, as
the case may be, shall make such orders as to the costs occasioned by the
adjournment as maybe provided in the regulations made under this Act.
• Provided Also that in the event of an appeal being disposed of after the
period so specified, the State Commission or, the National Commission, as
the case may be, shall record in writing the reasons for the same at the time
of disposing of the said appeal.

13. TIME SCHEDULE FOR DISPOSAL OF
COMPLAINTS/APPEALS
• Every complaint  decided within  3 months from
the date of receipt of notice by opposite party, where
there is no requirement for testing of sample etc. In
the event of such a requirement, the prescribed time
is 5 months.
• Appeals disposed of within a period of 90 days.
• The Forum shall make such orders as to the cost
occasioned by the adjournment
• If a complaint/appeal is disposed of after the
specified period, then the Forum/Commission shall
record in writing reasons for the delay.

14. WHO CAN FILE A COMPLAINT ?
A complaint in relation to any goods or services may be
filled by-
– A consumer or
– Any voluntary consumer association registered under the
Companies Act, 1956 (1of 1956)or under any other law for
the time being in force or
– The Central Government or any State Government; or
– One or more consumers, where there are numerous
consumers having the same interest or
– In case of death of a consumer, his legal heir or
representative.
NOTE :- A power of attorney holder cannot file a complaint
under the Act.

15. Information Required for a
Complaint
– Name and full address of complainant
– Name and full address of opposite
party
– Description of goods and services
– Quality and quantity
– Price
– Date & proof of purchase
– Nature of deception
– Type of redressal requested

16. LIMITATION PERIOD FOR FILING A
COMPLAINT
• District Forum or State Commission or the National
Commission within 2 years from the date on which the cause
of action has arisen. The Forum/Commission concerned can
overlook the delay for recorded reasons [Section 24A].
• Appeals are require to be filed within 30 days from the date
of receipt of the court's order.
• It may be noted that these time frames are not absolute
limitations. If the Consumer Forum is satisfied that there
was sufficient cause for not filing the complaint within the
prescribed period, it can entertain a complaint beyond
limitation time. However the Forum must record the reasons
for condensation of delay.

17. GRIEVANCE REDRESSAL SYSTEM

18. THANK YOU