Consumer Protection Act 1986-Presentn

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    CONSUMER DISPUTES REDRESSAL

    AGENCIES

    1. Consumer Disputes Redressal Forum:

    Known as District Forum

    2 Consumer Disputes Redressal

    Commission: Known as State

    Commission

    3. National Consumer Disputes Redressal

    Commission established by Central

    Government. Sec. 9.

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    A person who is or who has been or is qualified tobe District Judge who shall be its President.

    Two other members who shall be persons of

    ability, integrity and standing and have adequateknowledge in dealing with problems relating to

    economics, law, commerce, accountancy, industry,

    public affairs or administration one of who shall be

    woman. Every member of the District forum shall hold office

    for a term of 5 years or upto the age of 65 years

    whichever is earlier.

    COMPOSITION OF DISTRICT

    FORUM Sec. 10

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    JURISDICTION OF DISTRICT FORUM

    Sec.11

    COMPLAINTS: 1. where the value of the goods or

    services and the compensation claimed

    does not exceed 5 lakhs. 2. a complaint shall be instituted in a

    District Forum within local limits of whose

    jurisdiction the opposite party carries onbusiness.

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    MANNER IN WHICH COMPLAINT SHALL

    BE FILED Sec.12

    1. The consumer to whom such goods are

    sold.

    2 Any recognised consumer association.

    3. One or more consumer where there

    are numerous consumers having the same

    interest.

    4. The Central or State Government.

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    PROCEDURE ON RECIEPT OF

    COMPLAINT-Sec 13

    a).Distt. Forum shall refer a copy of complaint toopposite party directing him to reply within 30days.

    b) in case of denial by opposite party the Distt.Forum shall proceed to settle the consumerdispute.

    c) Where the complaint alleges a defect in the

    goods which cannot be determined withoutproper analysis or test of goods, it can refer toappropriate Lab. For testing.

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    d) Fees to be paid by complainant

    e) To make payment to lab and send copy toopposite party.

    f) In case of dispute with regard tocorrectness of report, the district forum

    may require to submit objection in writingg) The district forum will give opportunity to

    complainant as well as opposite party of

    being heard as to the correctness orotherwise of the report of laboratory andissue appropriate orders.

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    2. If the complaint received relates togoods in respect of which the procedure

    specified above cannot be followed, or ifcomplaint relates to any services

    (a) refer a copy of complaint to oppositeparty to reply within 30 days.

    (b) in case of denial, the District Forumshall proceed to settle the consumerdispute.

    (i) on the basis of evidence brought to itsnotices by the complainant and oppositeparty.

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    (ii) on the basis of evidence brought to its

    notice by the complainant where opposite

    party omits or fails to take any actions torepresent his case within time prescribed.

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    3. No proceeding shall be called in

    question on the ground of principle of

    natural justice.

    4. The District Forum has the powers of

    Civil Court under code of civil

    procedure1908.

    5. Every proceeding before Distt. Forum

    shall be deemed to be a judicial

    proceedings.

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    FINDINGS OF DISTRICT FORUM

    SECTION 14.

    If Distt. Forum is satisfied that the goods

    complained suffers from any of the defects

    specified in the complaint, it shall issue an

    order to the opposite party directing him todo one or more of the following things:

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    (a) to remove defects

    (b) to replace the goods

    (c) to return complainant to the price

    (d) to pay compensation

    (e) to remove defects

    (f) to discontinue unfair trade practices

    (g) not to refer the hazardous goods forsale

    (h) to withdraw hazardous goods (i) to provide adequate cost to party

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    APPEAL UNDER SECTION 15;

    Any person aggrieved by an order of Distt.

    Forum may prefer an appeal to State

    Commission within a period of 30 days.

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    COMPOSITION OF STATE COMMISSION U/S 16

    Each State Commission shall consist of

    1) (a) a person who is or has been a judge of HighCourt, who shall be its President.

    (b) two other member as in case of Sec. 10(1)(b). Provided that every appointment made

    under this clause shall be made by the selectioncommittee consisting of following:

    i) President of State Council Chairman.

    ii) Secretary of Law Deptt. State Govt.

    iii)Secretary in charge of- Consumer affairs2) As prescribed by the government.

    3) State commission shall hold office for 5 years.

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    JURISDICTION OF STATE

    COMMISION-SEC 17.

    Commission has jurisdiction

    a) To entertain

    i) Complaint of value 5 lacs to 20 lacs.ii) Appeal against the order of Distt. Forum

    b) To call for records where Distt. Forum

    exceeded power as alleged.

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    PROCEDURE APPLICABLE TO

    State commission.

    Procedure applicable to state commission:

    The provisions of S.12, 13, 14 and Rules

    made thereunder for disposal of complaintsby District Forum shall be applicable to the

    disposal of disputes by state commission.

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    APPEAL SEC-19

    Appeal to National Commission within a periodof 30 days.

    COMPOSITION OF NATIONAL COMMISSION

    Section 20(1):

    (a) a person who is or has been a judge ofSupreme Court who shall be preside t.

    (b) 4 other members as prescribed U/S 10(1)(b)

    Provided their appointment shall be made byselection committee consisting of the following:

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    (a) a person who is judge of Supreme

    Court

    (b) Secretary, Deptt. Of Legal Affairs

    Secretary, Deptt. Of consumer Affairs

    SALARY; As prescribed by Govt.

    Members of Commission shall hold office

    for a period of 5 years or upto age of 70years whichever is less.

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    APPEAL UNDER SECTION 23 Any person aggrieved by the order of NC

    may prefer an appeal to the SupremeCourt within a period of 30 days.

    LIMITATION PERIOD Sec. 24-A

    The Distt. Forum

    State Commission or

    National Commission - shall not admita complaint unless it is filed within twoyears from the date on which the cause of

    action has arisen.

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    ADMINISTRATIVE CONTROL

    U/S 24 B (1) The National Commission shall have administrative

    control over all the State Commissions in the followingmanners:

    (i) Calling for periodical returns regarding institution,

    disposal, tendency of cases (ii) Adoption of uniform procedure

    (iii) Generally overseeing the functioning of the StateCommission , Distt. Forum to ensure that the objects andpurpose of the Act are best served.

    The State Commission shall have administrative controlover all Distt Forums.

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    ENFORCEMENT OF ORDERS

    Enforcement of orders by the Forum,State

    commission, and the National commission under

    sec. 25 : In the same manner as if it were made

    by a a Court in a suit pending therein It shall be lawful for Forum, Commission or N.C.

    to send orders to Courts within local limits of

    whose jurisdiction (1) Regd. Office of a

    Co.situated (2)where person resides

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    PENALTIES U/S 27

    In the event of failure in compliance of

    order by the said Forum/Commission,

    such person or trader shall be punishable

    with imprisonment for a term which shallnot be less than one month but may

    extend to 3 years, or fine not less than

    rupees 2000/- which may extend to rupees10,000/- or with both.

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    In the case of Indian Medical Association Vs.

    V.P.Shantha, AIR 1996 S.C.550, three Judge

    Bench consisting of the Honble Judges, Kuldip

    Singh, SC Agarwal and BL Hansaria,laid the

    following principles regarding the services

    rendered by the medical practitioner are within

    the ambit of S. 2(1)(o) or not: (1) Service rendered to a patient by a medical

    practitioner (except where the doctor renders

    service free of charge to every patient or under a

    contract of personal service) by way consultation