Consumer Dispute
Section 2 (1) (e) provides
"consumer dispute" means a dispute where the person against whom a
complaint has been made, denies or disputes the allegations contained in the
complaint;
A Consumer dispute would arise
when there is a complaint by a consumer and the person against whom the
complaint has been made denies or disputes the allegations contained in the
complaint.
When a material proposition of
fact or law is affirmed by one of the party and denied by the other, the issues
arise and Court frames those issues in the form of questions. Each of such
allegations made by the Complainant and denied by the defendant becomes a
“consumer dispute.
CONSUMER PROTECTION COUNCILS
The consumer Protection Act
provides for the constitution of consumer protection councils at Central, State
and District levels.
1. The Central Consumer Protection
Council: The
Central Government may, by notification, establish with effect from such date
as it may specify in such notification, a council to be known as the Central
Consumer Protection Council (hereinafter referred to as the Central Council).
Membership:
a)
The
Minister in charge of consumer affairs in the Central Government, who shall be
its Chairman, and
b)
Such
number of other official or non-official members representing such interests as
may be prescribed.
The objects of the Central
Council shall be to promote and protect the rights of the consumers such as-
a)
The
right to be protected against the marketing of goods 2[and services]
which are hazardous to life and property;
b)
The
right to be informed about the quality, quantity, potency, purity, standard and
price of goods 1[or services, as the case may be], so as to
protect the consumer against unfair trade practices;
c)
The
right to be assured, wherever possible, access to a variety of goods and
services 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 1[or
restrictive trade practices] or unscrupulous exploitation of consumers; and
f)
The
right to consumer education.
2. The State Consumer Protection
Councils
The State Government may, by
notification, establish with effect from such date as it may specify in such
notification, a council to be known as the Consumer Protection Council
(hereinafter referred to as the State Council).
Membership:
a.
The
Minister in-charge of consumer affairs in the State Government who shall be its
Chairman;
b.
Such
number of other official or non-official members representing such interests as
may be prescribed by the State Government.
Objects of state council:
The objects of every State
Council shall be to promote and protect within the State the rights of the
consumers laid down in clauses (a) to (f) of section 6. (Objects of National
Council)
3.
The
District Consumer Protection Council
Section 8-A as inserted by the Consumer
Protection (Amendment) Act, 2002
The State government shall establish for
every district, by notification, a council to be known as the District Consumer
Protection Council
Membership
The District Consumer
Protection Council (hereinafter referred to as the District Council) shall
consist of the following members:
a.
The
collector of the district (by whatever name called) who shall be its Chairman;
and
b.
Such
number of other official and non-official members representing such interest as
maybe described by the state government.
Objects of the District Council:
The Objects of every District
Council shall be to promote and protect within the district the rights of
consumers laid down in the clause (a) to (f) of Section 6 (National Consumer
Protection Council)
ESTABLISHMENT
OF CONSUMER DISPUTES REDRESSAL AGENCIES
There shall be established for the
purposes of this Act, the following agencies, namely,-
a)
A
District Consumer Disputes Redressal Forum to be known as the "District
Forum" established by the State Government in each district of the
State by notification. The State Government may, if it deems fit, establish
more than one District Forum in a district;
b)
A
State Consumer Disputes Redressal Commission to be known as the "State
Commission" established by the State Government in the State by
notification; and
c)
A
National Consumer Disputes Redressal Commission established by the Central
Government by notification.
CONSUMER
COURTS AS PER VALUE / AREA OF CLAIM
The Consumer courts are 3 tiered.
1.
District
Consumer Disputes Redressal Forums: At
the lowest level are the District Forums and these are established in each
District and have jurisdiction to entertain complaints where the value of goods
or services and the compensation if any, claimed does not exceed Rs.20,00,000
(TWENTY LAKHS), and a complaint can be filed in a District Forum within the
local limits of which
a. The opposite party resides or
b. Carries on his business or works for gain
or
c. Where the cause of action arises.
2.
State
Consumer Disputes Redressal Commission: The State Consumer Disputes Redress
Commission is established in each state and these have jurisdiction to
entertain complaints where the value of goods or services and the compensation
if any, claimed exceeds Rs.20,00,000 (TWENTY LAKHS) but does not exceed
Rs.1,00,00,000 (ONE CRORE).
3. National Consumer Disputes Redressal
Commission: The National
Consumer Disputes Redressal Commission has jurisdiction to entertain complaints
where the value of the goods or services and compensation if any claimed
exceeds Rs.1,00,00,000 (ONE CRORE)
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