(..15..)
ENFORCEMENT OF CONSUMER RIGHTS[1].
DISTRICT FORUM
QUESTION BANK
Q.1. Discuss briefly the composition and jurisdiction of the “District Forum” under the Consumer Protection Act.
Q.2. Discuss the Jurisdiction, Powers, and functions of the ‘District Forum’.
SYNOPSIS
- CONSUMER DISPUTE REDRESSAL AGENCIES:-
- COMPOSITION OF DISTRICT FORUM (S. 10).
(1) COMPOSITION.
(2) Method of appointment S. 10 (2)-
(3) Terms of office (S. 10 (2)):-
(4) Salary and allowances S. 10 (3):-
III. JURISDICTION OF THE DIST FORUM (S. 11):-
(1) Pecuniary Jurisdiction:-
(2) Territorial Jurisdiction:-
(3) Who can make a complaint (S. 12):-
(4) Procedure on receipt of the complaint (S. 13).
(5) Powers of the District Forum:-
(6) Finding of the District Forum (S. 14):-
(7) Appeals (S. 15):-
NOTES
(1) CLASS ACTION.
(2) ADMINISTRATIVE REMEDIES.
I. CONSUMER DISPUTE REDRESSAL AGENCIES:-
Under S. 9 of the Consumer Protection Act, Consumer Dispute Redressal Agencies are established. These agencies settle consumer disputes. Viz.
1) Consumer Dispute Redressal Forum, known as “District Forum”, established by the State Government in each District of the State.
2) The Consumer Dispute Redressal Commission, also known as the ‘State Commission,’ was established by the State Government.
3) The National Consumer Dispute Redressal Commission, also known as the “National Commission,” was established by the Central Government.
We will discuss them one by one.
II. COMPOSITION OF DISTRICT FORUM[2] (S.10).
(1) COMPOSITION[3].
Each District Forum shall consist of the following (S. 10 (1))-
- a) a person who is, or has been or is qualified to be a District Judge, who shall be its (District Forum’s) President.
- b) two other members, who shall be persons of ability, integrity, and standing and have adequate knowledge or experience of or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs, or administration, one of whom shall be a woman.
(2) Method of appointment (S. 10) (2))-
The State Government shall make every appointment as mentioned above on the recommendation of a selection committee consisting of the following namely-
- a) The President of the State Commission- Chairman (of the selection committee).
- b) Secretary, Law Department of the State- Member (of the selection committee).
- c) Secretary in charge of the Department dealing with consumer affairs in the State – Member (of the selection committee).
The Selection Committee consists of one chairman and two members who recommend to the State Government the appointment of the President and Members of the District Forum.
(3) Terms of office (S.10 (2)):-
Every member of the District Forum shall hold office for a term of – five years or up to the age of 65, whichever is earlier- and shall not be eligible for reappointment. A member may resign his office before the expiry of his term. Such vacancy may be filled by appointing a person with the necessary qualifications.
(4) Salary and allowances S. 10 (3):-
Salary or honorarium and other allowances payable to, and other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government.
III. JURISDICTION OF THE DISTRICT FORUM (S.11):-
(1) Pecuniary Jurisdiction[4]:-
The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed twenty lakhs.
(2) Territorial Jurisdiction:
A complaint shall be instituted in the District Forum with the local limits of whose jurisdiction-
- a) the opposite party; or – each of the opposite parties (where there are more than one)- at the time of the institution of the complaint, actually and voluntarily resides or carries on business- or has a branch office or personally works for gain; or
- b) any of the opposite parties (whether there are more than one), at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain.
- c) the cause of action, wholly or in part, arises.
In The Manager Air India Ltd. V/s. A Moideen Kutty[5]
Facts– The complainant was not provided with a seat in an aircraft despite a confirmed ticket. The ticket was purchased in Kerala. Air India had a head office in Coimbatore in the State of Tamil Nadu.
The objection about the territorial jurisdiction of the State Commission of Kerala was raised where the ticket was purchased.
National Commission Held- The State Commission of Kerala has jurisdiction.
(3) Who can make a complaint (S. 12):-
A complaint in relation to any goods sold (or delivered or agreed to be sold or delivered) or any service provided (or agreed to be provided) may be filed with a District Forum by any of the following-
- a) The consumer to whom such goods are sold or delivered (or agreed to be sold or delivered) or services provided (or agreed to be provided).
- b) any recognised consumer association. Such an association can make a complaint even though the consumer concerned is not its member.
- c) by one or more consumers (Class action), where there is a number of consumers having the same interest, on behalf of or for the benefit of all the consumers so interested, with the permission of the District Forum. (Discussed in the end note)
- d) The central or the State Government may also file the complaint.
For the purpose of aforesaid provisions, ‘recognised consumer association’ means any voluntary consumer association recognised under the Companies Act 1956 or any other law for the time being in force.
(4) Procedure on receipt of the complaint (S.13)[6]
(d) Powers of the District Forum:-
The District Forum shall have the same powers as the civil court under the Code of Civil Procedure to settle the dispute under S. 13.
(e) Every proceeding before the District Forum shall be considered a judicial proceeding.
(5) Finding of the District Forum (S. 14):-
The aggrieved consumer gets the following remedies. If, after conducting the proceeding under S.13, the District Forum is satisfied that the goods complained against are suffering from any of the defects specified in the complaint or any of the allegations contained in the complaint about the services is proved, it shall order the opposite party, to do one or more of the following things (remedies)-
(a) To remove the defect pointed out by the appropriate laboratory from the goods in question.
(b) To replace the goods with new goods of a similar description, which shall be free from any defect.
(c) To return the complainant the price, or as the case may be, the charges paid by the complainant.
(d) 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 the negligence of the opposite party.
(e) To remove the deficiencies in the services in question.
(f) To discontinue the unfair or restrictive trade practices (or not to repeat them).
(g) Not to offer hazardous goods for sale.
(h) To withdraw the hazardous goods from being offered for sale.
(i) To get adequate costs paid.
(6) Appeals (S. 15):-
Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of 30 days from the date of the order, in such form and manner as may be prescribed. However, the State Commission may entertain an appeal even after the expiry of 30 days if it is satisfied that there was sufficient cause for not filing an appeal within 30 days.
NOTES
(1) CLASS ACTION-
There was no provision for ‘Class Action’ before the amendment in 1993 in S. 12 and 13 of the Act. Therefore, the amendment is brought to protect many consumers who may suffer damages at the hands of a producer, supplier, or seller but, being poor and not possessing sufficient resources, may not be able to bring individually separate proceedings against the delinquent. Ss. 12 and 13 amendments provided for‘ class action’. These provisions enable one or more consumers, where there are numerous consumers having the same interest, to file a class-action complaint with the permission of the Consumer Forum on behalf of or for the benefit of all consumers so interested. Where it is found that a claim has been proved, it awards damages to all the consumers of that class and may give judgment in favour of each of them.
The provisions of the Civil Procedure Code, under rule 8 of Order 1 of the First Schedule, apply with necessary modification to ‘Class action’.
The burden of proving ‘Class action’ and ‘same interest’ lies with Plaintiff.
(2) ADMINISTRATIVE REMEDIES.
Apart from judicial remedies, administrative remedies (abovementioned) are also provided to solve the consumer’s dispute; for that purpose, a number of tribunals, e.g., Railway Rate Tribunal, Industrial Tribunal, Income Tax Appellate Tribunal, etc., are established. These tribunals are constituted by the passing of an Act in Parliament. They are established for speedy justice. Strict rules of evidence do not bind them.
Apart from these tribunals, a number of Dispute Redressal Cells are established in departments such as the postal, Telecom, and Electricity Departments; they have proved helpful in solving consumer disputes.
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[1] ग्राहक अधिकाराची अंमलबजावणी [ उपभोक्ता अधिकारों का प्रवर्तन ]
[2] जिल्हा ग्राहक तक्रार निवारण मंच [ जिला उपभोक्ता शिकायत निवारण फोरम]
[3] श्रचना [ संरचना ]
[4] आर्थिक अधिकार क्षेत्र [ वित्तीय क्षेत्राधिकार ]
[5] 2002 CPR (NC)
[6] (a) On receipt of a complaint the District Forum shall refer a copy of the complaint to the opposite party, mentioned in the complaint, directing him to give his version of the case within a period of 30 days. Such a period may be extended by a maximum of 15 days, by the District Forum.
(b) When the opposite party, on receipt of the copy of the complaint, denies or disputes the allegations referred to in the complaint or omits or fails to take any action to represent his case within the time limit mentioned above, the District Forum shall proceed to settle the consumer dispute.
(c) Procedure where Laboratory test is required: – If the alleged defect in the goods is such that it cannot be determined without proper analysis or test of the goods, the forum should obtain a sample of the goods from the complaint. The same should be protected by seal and sent to an appropriate laboratory, with a direction that they should be tested for alleged defect or for any other defect. The time allowed to the laboratory is 45 days, though the District Forum can extend the period beyond 45 days.
The forum demands the deposit of the amount from the complainant, for the requisite fee for the laboratory, and remits the same to that laboratory.
On receiving the report from the laboratory, the Forum should forward a copy of it to the opposite party along with its remarks, if any.
If the party disputes the correctness of the report or the correctness of the method of analysis, the Forum shall require him to submit his objections in writing. Before issuing any final order in the matter the Forum will provide an opportunity for both parties to present their views about the report and then proceed with the settlement of a dispute.