Question

Explain in detail the three-tier Quasi-judicial machinery under the Consumer Protection Act.

Answer 1

Following are consumer dispute redressal forums established under the Act.

1. District Commission:
   Meaning: A consumer dispute redressal commission at each district established by the State Government is known as District Commission.
   Composition: Each District commission shall consist of the following:
   (a) President: A person who is sitting or retired or qualified to be a District Judge.
   (b) Member: not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government.
   (c) Tenure: Any person appointed as President or a member of the District Commission shall hold office as such as President or as a member till the completion of the term for which he has been appointed. The members will hold office for a term of five years or up to the age of sixty-five years, whichever is earlier.
   Qualification: The members of the National Commission shall have the following qualifications:
   (a) Age: Members should not be less than 35 years of age.
   (b) Education: They should possess a bachelor's Degree from a recognized University.
   (c) Experience: They should have adequate knowledge and at least ten years of experience in dealing with problems related to economics, law, commerce, accountancy, industries, and public affairs or administration.
   Territorial Jurisdiction: Territorial Jurisdiction of the district commission is the entire district in which it is established.
   Monetary Jurisdiction: District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed ₹one crore.
   Appeal: Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission within a period of forty-five days from the date of the order in such form and manner. as may be prescribed.
   The State Government, by notification, may make rules about qualifications, method of recruitment, term of office, resignation, and removal of the president and members of the District Commission. However, any person already appointed as a President or member of the District Commission immediately before the commencement of this Act will remain in the same post till the completion of the term for which he has been appointed.
2. State Commission:
   Meaning: A consumer dispute redressal commission at the state level established by the State Government is known as State Commission. It is also called as State Consumer Disputes Redressal Commission.
   Composition: Each State Commission shall consist of:
   (A) President: A person who is a sitting or retired Judge of the High Court shall be appointed by the State Government as the president of the State Commission in consultation with the Chief Justice of the High Court.
   (B) Member: Not less than four or not more than a such number of members as may be prescribed in consultation with the Central Government.
   (c) Tenure: The members will hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier.
   Qualification: The members of the state commission shall have the following qualifications:
   (a) Age: Members should not be less than 35 years of age.
   (b) Education: They should possess a bachelor's Degree from a recognized University.
   (c) Experience: They should have adequate knowledge and at least ten years of experience in dealing with problems related to economics, law, commerce, accountancy, industries, and public affairs or administration.
   Territorial Jurisdiction: It can entertain original cases as well as appeals against the order of the District Commission which are within the geographical limits of the state.
   Monetary Jurisdiction: to entertain complaints where the value of the goods or services paid as consideration, exceeds Rs. one crore, but does not exceed Rs. ten crores.
   Appeal: Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed. The Central Government, by notification, may make rules about qualifications, method of recruitment, term of office, resignation, and removal of the President and Members of the State Commission. However, any person already appointed as a President or member of the State Commission immediately before the commencement of this Act will remain in the same post till the completion of the term for which he has been appointed.
3. National Commission:
   Meaning: A consumer dispute redressal forum at the National level established by the Central Government by notification is known as National Commission. It is also called the National Consumer Disputes Redressal Commission.
   Composition: National Commission shall consist of:
   (a) President: A person, who is or has been a Judge of the Supreme Court, shall be appointed by the Central Government as the president of the National Commission in consultation with the Chief Justice of India.
   (b) Member: Not less than four and not more than such number of members as may be prescribed.
   (c) Tenure: The members will hold office for a term of five years or up to the age prescribed, whichever is earlier.
   Qualification: The members of the national commission shall have the following qualifications:
   (a) Age: Members should not be less than 35 years of age.
   (b) Education: They should possess a bachelor's Degree from a recognized University.
   (c) Experience: They should have adequate knowledge and at least ten years of experience in dealing with problems related to economics, law, commerce, accountancy, industries, and public affairs or administration.
   Territorial Jurisdiction: It can entertain original cases as well as appeals against the order of the State Commission which are within the geographical limits of the state.
   Monetary Jurisdiction: to entertain complaints where the value of the goods or services paid as consideration exceeds Rs. ten crores.
   Appeal: Any person, aggrieved by an order made by the National Commission may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order. The Central Government, may by notification make rules about the qualification, appointment, term of office, salaries, resignation, and removal of the President and Members of the National Commission. However, the President and the members shall hold the office for a maximum of five years but are eligible for reappointment. The Act further provides that the President can work up to the age of seventy years and members can work up to the age of sixty-seven years.