Written by: BHARTI KUMARI, LAW STUDENT, GALGOTIAS UNIVERSITY
Who is the consumer?
Consumer means any person who consumes goods and services.
Goods includes rice, sugar and wheat etc.
Services includes transportation, telephone service and electricity etc.
Or
Any person who buy any goods or services for consideration which has been paid, or promised, or partly paid and partly promised under any scheme of deferred payment.
Consumer Protection – Meaning
It means safeguarding the consumers from the clutches of unfair and restrictive trade practices of the producers/sellers.
Acts and its Amendments
● The consumer protection act was enacted on 5th December, 1986.
● The act has been amended three times in the years 1991, 1993, and 2002. Later on all act is changed and made "COPRA" (consumer protection act ) 2019.
● Further, it was amended in 2019. And act was passed by the Indian parliament and received the assent of the president on 9th August, 2019.
The consumer protection act provides redress to a consumer if the goods are defective, or if there is deficiency in the services hired.
The act established three- tier consumer grievances under the consumer protection act 2019 to redress consumer grievances is known as Redressal Agencies. The three agencies are District Commission, State Commission, National Commission.
1. District Commission
Every district Commission shall consist of a president who has been qualified to be a district judge, who shall be its president and two other members one of them shall be a woman the complaint for goods and services worth Rs 1 crore or less can be filed in this commission. If the aggrieved party is not satisfied with the judgment of district commission then they can appeal in the State commission within 45 days by depositing 50% of the penalty amount.
2. State commission
Each state commission shall consist of a person who has been a judge of High court. He shall be appointed by the state government, one of the members shall be a woman. The complaint for goods and services worth more than 1 crore but less than 10 crores. If the aggrieved party is not satisfied with the decision of state commission then they can appeal in the national commission within 30 days by depositing 50% of the fine money.
3. National Commission
National Commission shall consist of a president who has been a judge of supreme court. He shall be appointed by the central government and four members one of whom shall be a woman. The complaint for goods and services exceed 10 crores. If aggrieved party is not satisfied with the judgment of national commission then they can appeal in the supreme court within 30 days.
Basis | District commission | State commission | National commission |
Composition | Every district commission shall consist of, president and two other members; one of the member has to be a woman. | It consists of president and not less than two other members; one of the member has to be a woman. | It consists of a president who has been judge of supreme court and atleast four other members and one of them member has to be a woman. |
President | District judge or equivalent | High court judge or equivalent | Supreme court judge or equivalent |
Appointment of president | appointed by the state government on the recommendation of a selection committee. | appointed by the state government after consultation with the cheif justice of the high court. | appointed by the central government after consultation with the cheif justice of India. |
Monetary Jurisdiction (the value of goods and services should be) | Upto Rs 1 crore | exceeds Rs 1 crore and upto Rs 10crores. | exceeds Rs 10 crores. |
Appeal | Any person can appeal who is not satisfied with the order of district court that person can appeal against such order in state commission within 45 days. | Any person who is not satisfied with the order of state commission can appeal in the national Commission within 30 days by depositing 50% of the fine money. | Any person who is not satisfied with the order of national commission can appeal in the supreme court within 30 days by depositing 50% of the fine money |
Conclusion
The main purpose of the Consumer Protection Act, 2019 is to protect the rights and interest of the consumers by demonstrating authorities for timely and actual administration and settlement of the consumers disputes.
References
https://www.lexology.com/library/detail
Bình luận