When we approach the market as a consumer, we expect value for money, i. Legal issues come into play in some form or the other in each and every sector whether it be real estate. If the forum finds any deficiencies, corrections are made and refiled again. The compartment in which he and his wife travelled was in a bad shape-fans not working, shutters of windows were not working, rexin of the upper berth was badly torn and there were rusty nails which caused some injuries to the wife of A. The consumer and respondent appear before the forum.
The sections 16, 17, 18 and 19 of the Consumer Protection Act, 1986 deal with this Commission. Thus we all are consumers in the literal sense of the term. Human values and ethical practices were given great importance in ancient India. The government has been given the duty to ensure these rights through education. Due to power grid failure of the State, A could not get sufficient power to perform the service. The Act not only covers the rights of the consumers but also provides certain duties for them too.
We have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce Grading and Marketing Act, the Indian Standards Institution Certification Marks Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, etc. Globalisation and liberalisation of trade and business has resulted in many products and services being available to the consumers. They can use the police and revenue departments to enforce orders. Of these number of members, one member has to be woman. On receipt of such complaint— a The District Forum should refer a copy of the complaint to the opposite party directing him to give his version of the case within a period of thirty days which can be extended to forty five days.
Section 19 of the Act grants an appeal against the decision of the National Commission within 30 days to the Supreme Court. It provides consumers with speedy and inexpensive redressal grievances mechanism and specific relief or award of compensation. These Agencies are not required to follow the rigid legal procedures. It is the court that deals with the appeals against the grassroots level consumer protection agencies. But there may be instances where a consumer is harassed or cheated.
However, in practice, unwanted and too much delay is occurring in the courts. Composition of the State Commission. What can be termed as an unfair or a restrictive trade practice is another question of law. Authorizing, a close relative to appear on behalf requires a letter of authority. Due to this reason, many of them are not getting proper solutions for their problems as consumers. It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions. Every appeal under this section shall be preferred within a period of thirty days from the date of an order of a District Forum or a Sate Commission or, as the case may be, the National Commission: 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.
I am Sonika Sekhar from National Law University and Judicial Academy, Assam. Although their suggestions are recommendatory in nature, but they have significant impact in policy making. The buyer has to forego his free choice between competing products. State Commission: It consists of a president and two other members. An analysis of above definition reveals that where sale or purchase of a product or service is made conditional on the sale or purchase of one or more other products and services, it amounts to restrictive trade practice. The definition provides a list of eleven sectors to which service may pertain in order to come under the purview of the Act.
The National Commission may also outside of its ordinary place of the capital of India, New Delhi. Appeal against orders of the National Commission Any person, aggrieved by an order made by the National Commission, may appeal against such order to the Supreme Court within a period of 30 days from the date of the order. The Court gives a judgement directing the institute, to pay the complainant, Chetan Prakash, Rs. If the aggrieved party is not satisfied by the jurisdiction of the district forum then they can file an appeal against the judgment in State Commission within 30 days by depositing Rs 25000 or 50% of the penalty amount whichever is less. The Consumer Disputes Redressal Agencies are not competent to Dass the ad-interim orders.
National Commission The National Commission shall consist of a person, who is or has been a judge of the Supreme Court, to be appointed by the Central Government, shall be the President, provided that no appointment shall be made except after the consultation with the Chief Justice of India. A huge variety of consumer goods and services have started appearing in the markets to cater to the ever increasing demand from consumers for not only products, but also services like insurance, transport, electricity, housing entertainment, finance, banking etc. Now we understand that the Consumer Protection Act provides means to protect consumers from getting cheated or harassed by suppliers. Section 15 of the Act grants an appeal against the decision of the District Forum within 30 days to the State Commission. Technological advancements in the field of media led to flooding of advertisements of goods and services further worsening the otherwise grim situation. Where the opposite party, on receipt of a copy of the complaint, denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute, i On the basis of evidence brought to his notice by the complainant and the opposite party, where the opposite denies or disputes the allegations contained in the complaint ; or ii On the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum ; iii Where the complainant or his authorised agent fails to appear before the District Forum on such day, the District Forum may in its discretion either dismiss the complaint in default or if a substantial portion of the evidence of the complainant has already been recorded, decide it on merits.
Appeal against order passed under section 27 — 1. Thus the prime requirement is that the matter must fall within the definition of service, and it must entail a deficiency as per the norms given by the Act. If you browse and use this website www. State Commission may call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State. Penalties Where a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than 2,000 rupees but which may extend to 10,000 rupees or with both. Additionally, the said notice should also be addressed to the nearest forum in the area of the respondent.