State Consumer Disputes Redressal Commissions (India)
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A State Consumer Disputes Redressal Commission is an Indian
autonomous In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be defi ...
,
statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
and
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
al institution formed as a quasi judicial body at the state and union territory level under Section 2(44) of the
Consumer Protection Act, 2019 Consumer Protection Act, 2019 is an Act of the Parliament of India. It repeals and replaces the Consumer Protection Act, 1986. Introduction The Consumer Protection Act, 2019 was introduced in the Lok Sabha as a replacement of COPRA, 1986 on ...
to protect the rights of
consumer A consumer is a person or a group who intends to order, or use purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. ...
s. It is a system of alternate dispute resolution between conflicting parties during the process of
trade Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market. Traders generally negotiate through a medium of cr ...
. The president of the States Consumer Disputes Redressal Commission is appointed by the
state government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonom ...
in consultation with the Chief Justice of state high court.


History and objective

States Consumer Disputes Redressal commission in states and union territories of India was formed to promote and protect the rights of consumers as per the Consumer Protection Act 1986. It was renamed from States Consumer Disputes Redressal Forum with the amendment in Consumer Protection Act 2019 from July 2020.


Composition

Following shall be the composition of States Consumer Disputes Redressal Commission: # President and # Not less than two members and not more than that prescribed in State Act. President will be appointed by state Government in consultation with the Chief Justice of state High Court. The eligibility for president is that he should be serving or served as Judge in any High Court. Members should be of 1. Not less than 35 years of age and 2. recognised university bachelor's degree 3. With good ability,integrity and standing and with proficient experience of 10 years and expertise knowledge in subjects of
accountancy Accounting, also known as accountancy, is the process of recording and processing information about economic entities, such as businesses and corporations. Accounting measures the results of an organization's economic activities and conveys ...
,
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
,
commerce Commerce is the organized Complex system, system of activities, functions, procedures and institutions that directly or indirectly contribute to the smooth, unhindered large-scale exchange (distribution through Financial transaction, transactiona ...
,
economics Economics () is a behavioral science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behaviour and interac ...
,industry,administration and public affairs and problem solving ability in same. Also not more than fifty percent of members of committee should be from judicial background.


Levels and jurisdiction

States Consumer Disputes Redressal Commission(India) was formed for promoting and protecting the rights of consumers through three levels with the below mentioned jurisdiction: * District Commission (earlier referred to as District Forum) can accept complaints from consumer if the value of goods or services is up to ₹50 lakh (Earlier limit was ₹20 lakh). * State Commission can accept complaints from consumer if the value of goods or services is more than ₹50 lakh but less than ₹2 crores. * National Commission can accept complaints from consumer if the value of goods or services is more than 2 crores.


Filing complaints

Following is the process of filing and resolving complaints: Complaints can be filed electronically and examination of disputing parties is done through video-conferencing, which includes hearing and/or examination through any other mode. The time period for resolving dispute in case the complaint does not require analysis and testing of product quality is 3 months from the date of receipt of notice by the opposite party. However, if the complaint requires analysis or testing of product quality the time limit for resolving dispute is within 5 months. Complaints can be filed using E-Daakhil portal.


Penalties and imprisonment

* Manufacturers and Service providers are made punishable as a criminal offence for giving misleading information or for wrong advertisement of product. * Punishment may include fine of Rs 10 lakhs or imprisonment for 2 years or both.


Investigative agency

* Violation of consumer rights or unfair trade practices is investigated by the Investigation wing headed by Director-General level position in Central Consumer Protection Authority


Important terms

Following are the important terms in States Consumer Disputes Redressal Commission: * As per the act "Goods" means anything purchased by consumers either in retail or wholesale from retailers or wholesalers. They can either be produced or manufactured. * As per the act "services" means those which are in the form of "
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
,
telephone A telephone, colloquially referred to as a phone, is a telecommunications device that enables two or more users to conduct a conversation when they are too far apart to be easily heard directly. A telephone converts sound, typically and most ...
,
electricity Electricity is the set of physical phenomena associated with the presence and motion of matter possessing an electric charge. Electricity is related to magnetism, both being part of the phenomenon of electromagnetism, as described by Maxwel ...
,
housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...
,
banking A bank is a financial institution that accepts Deposit account, deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital m ...
,
insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
,
medical treatment A therapy or medical treatment is the attempted remediation of a health problem, usually following a medical diagnosis. Both words, ''treatment'' and ''therapy'', are often abbreviated tx, Tx, or Tx. As a rule, each therapy has indications an ...
etc". * As per the act consumer means " any person who buys any goods or hires or avails any services for a consideration which has already been paid or promised or partly paid and partly promised or under any system of deferred payment". * Person includes anyone buying goods, either through online system or direct or offline, by way of teleshopping, or through mode of electronic includes direct selling or in a
multi-level marketing Multi-level marketing (MLM), also called network marketing or pyramid selling, is a controversial and sometimes illegal marketing strategy for the sale of products or services in which the revenue of the MLM company is derived from a non-salarie ...
. * Consumer does not include person buying or availing goods or services for resale or for any other commercial purpose. * For the purpose of commission the terms are referred in Consumer Protection Act'2019.


Challenges

* The district, state and national level commissions face challenges of understaffing or non fulfillment of vacancies in time. * The report prepared by senior advocate on the directions of
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
found out many shortcomings in the offices of district and state consumer redressal bodies in many states of India. These include absence of storage rooms for case files, lack of member chambers for convenience of members hearing complaints, non availability of court rooms and washrooms in selective cases.


List of States Consumer Disputes Redressal Forum

Following is the list of State consumer disputes redressal commission:


See also

*
National Consumer Disputes Redressal Commission The National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, which can be a public a ...
* Telangana State Consumer Disputes Redressal Commission * West Bengal State Consumer Disputes Redressal Commission


References

{{Reflist


External links


Addresses of States Consumer Disputes Redressal Forum
Quasi-judicial bodies of India Legal organisations based in India Consumer organisations in India Indian commissions and inquiries