It is headed by a sitting or retired Judge of the Supreme Court of India. Justice R. Hon'ble Ms. Justice Deepa Sharma, Hon'ble Mr. C Viswanath, Hon'ble Dr. Kantikar, Hon'ble Mr. Dinesh Singh, Hon'ble Mr.
Subhash Chandra, Hon'ble Mr. Binoy Kumar. The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc.
Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;. Provided that not more than fifty per cent. Provided further that a person shall be disqualified for appointment as a member if he—. Provided that the appointment of a member on whole-time basis shall be made by the State Government on the recommendation of the President of the State Commission taking into consideration such factors as may be prescribed including the work load of the State Commission.
Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-seven years, whichever is earlier, subject to the condition that he fulfills the qualifications and other conditions for appointment mentioned in clause b of sub-section 1 and such re-appointment is made on the basis of the recommendation of the Selection Committee:.
Provided further that a person appointed as a President of the State Commission shall also be eligible for re-appointment in the manner provided in clause a of sub-section 1 of this section:. Provided also that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section 1 in relation to the category of the member who is required to be appointed under the provisions of sub-section 1A in place of the person who has resigned.
Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent.
Hearing of Appeal - An appeal filed before the State Commission or the National Commission shall be heard as expeditiously as possible and an endeavour shall be made to finally dispose of the appeal within a period of ninety 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 may be 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.
Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;. Provided also that every appointment under this clause shall be made by the Central Government on the recommendation of a selection committee consisting of the following, namely:—.
Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of seventy years, whichever is earlier, subject to the condition that he fulfills the qualifications and other conditions for appointment mentioned in clause b of sub-section 1 and such re-appointment is made on the basis of the recommendation of the Selection Committee:. Provided further that a person appointed as a President of the National Commission shall also be eligible for re-appointment in the manner provided in clause a of sub-section 1 :.
Provided also that a member may resign his office in writing under his hand addressed to the Central Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section 1 in relation to the category of the member who is required to be appointed under the provisions of sub-section 1A in place of the person who has resigned.
Transfer of cases - On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Forum of one State to a District Forum of another State or before one State Commission to another State Commission.
Circuit Benches [y1] - The National Commission shall ordinarily function at New Delhi and perform its functions at such other place as the Central Government may, in consultation with the National Commission, notify in the Official Gazette, from time to time. Vacancy in the Office of the President - When the office of President of a District Forum, State Commission, or of the National Commission, as the case may be, is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the District Forum, the State Commission or of the National Commission, as the case may be :.
Provided that where a retired Judge of a High Court is a member of the National Commission, such member or where the number of such members is more than one, the senior-most person among such members, shall preside over the National Commission in the absence of President of that Commission.
Qualifications, terms and conditions of service of President and Member - Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and other members of the National Commission appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 7 of , shall be governed by the provisions of section of that Act :.
Provided that the President and member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, , shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section of the Finance Act, had not come into force.
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent. Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.
Appeal against order passed under section 27 - 1 Notwithstanding anything contained in the Code of Criminal Procedure, 2 of , an appeal under section 27, both on facts and on law, shall lie from -. Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.
Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the District Forum, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. Provided that no such order shall be made after the expiry of a period of two years from the commencement of the Consumer Protection Amendment Act, Power of the National Commission to make regulations - 1 The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
Rules and regulations to be laid before each House of Parliament - 1 Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
It seeks, inter alia , to promote and protect the rights of consumers such as- a the right to be protected against marketing of goods which are hazardous to life and property; b the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; c the right to be assured, wherever possible, access to an authority of goods 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 right to consumer education.
Short title, extent, commencement and application 2. Definitions 3. The Central Consumer Protection Council 5. Procedure for meetings of the Central Council 6. Objects of the Central Council 7. The State Consumer Protection Councils 8. Objects of the State Council 8A. Establishment of Consumer Disputes Redressal Agencies Composition of the District Forum Jurisdiction of the District Forum Manner in which complaint shall be made Procedure on admission of complaint Finding of the District Forum Appeal Composition of the State Commission Jurisdiction of the State Commission 17A.
Transfer of cases 17B. Circuit Benches Dec 23, Consumer Protection Councils The Consumer Protection Act, provides better protection to the interest of consumers. The objects of the Councils, as per the Act, shall be to promote and protect the rights of the consumers such as: protection from marketing hazardous goods and services. District Consumer Protection Council In order to promote and protect the rights of consumers, within the district, the Consumer Protection Act, provides for the establishment of a District Consumer Protection Council in every district.
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