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Consumer Disputes Redressal Agencies

Consumer Disputes Redressal Agencies

(a) District Consumer Disputes Redressal Forum established by the State Government in each district of the State. The State Government may establish more than one District Forum in a district. It is a district level court that deals with cases valuing upto Rs.20 lakhs.

(b) State Consumer Disputes Redressal Forum established by the State Government takes up cases valuing less than Rs.1 Crore.

(c) National Consumer Disputes Redressal Commission established by the Central Government , which works as a national level Court and deals with amounts more than Rs.1 Crore.

None of the above fora can entertain a complaint unless it is filed within two years from the date on which the cause of action had arisen. Notwithstanding the above, a complaint may be entertained after the period of two years, if the complainant satisfies the concerned forum that he had sufficient cause for not filing the complaint within such period and the reason for condonation of the delay is recorded by the concerned forum.

Filing of complaints

A complaint may be filed by the consumer to whom the goods are sold or services are provided. Any recognised consumer association One or more consumers with same interest The central government or state government.

Insurance
[Post Image Courtesy of Stuart Miles at FreeDigitalPhotos.net]

Power of Civil Court to District Forum

The District Forum shall have the powers of Civil Court while trying a suit in respect of the following matters:

(a) The summoning and enforcing attendance of any defendant or witness and examining the witness on oath

(b) The discovery and production of any document or other material object producible as evidence.

(c) The reception of evidence on affidavit

(e) The requisition of the report of the concerned analysis or test from the appropriate laboratory of from any other relevant source.

(e) Any other matter which may be prescribed. Relief to the Complainant If the complaint is proved the Forum shall order to remove defect pointed out by the appropriate laboratory from the goods in question or to replace the goods with new goods of similar description which shall be free from any defect or to return to the complainant the price, or, as the case may be, the charges paid by the complainant or to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to negligence of the opposite party or to remove the defect in goods or deficiency in the services in question. The following relief may be provided to the Complainants:

(a) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them;

(b) not to offer hazardous goods for sale;

(c) to withdraw the hazardous goods from being offered for sale;

(d) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;

(e) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently;

(f) to issue corrective advertisements to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;

(g) to provide for adequate cost to parties.

Appeal

An appeal shall be filed within thirty days. Delay in filing appeal may be condoned if there is sufficient cause.

Limitation Period

Limitation period shall apply within two years from the date on which the cause of action has arisen.

Insurance Law And Practice - ICSI

About Author Mohamed Abu 'l-Gharaniq

when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries.

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