State / District Consumer Disputes Redressal Commission
The Consumer Protection Act, 2019 has come into effect from 20.07.2020 and the earlier Consumer Protection Act, 1986 has lapsed. In the said Act, the following are the provisions regarding the rights of consumers as under,
Section 2 (7) "consumer" means any person who — (i) buys any goods or hires or avails of any service for a consideration which has been paid but does not include a person who obtains such goods for resale or for any commercial purpose.
Section 2 (9) "consumer rights" includes,—
- The right to be protected against the marketing of goods, products or services which are hazardous to life and property;
- The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;
- The right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;
- The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate commission;
- The right to seek Redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and
- The right to consumer awareness;
Duties and Duties:-
As per the provisions of the Consumer Protection Act, 2019, in the complaint lodged with the Commission, after hearing the narratives/statements of both the parties and giving adjudication within the prescribed period.
Composition:-
In order to better protect the interests of consumers and to redress consumer complaints quickly, the Central Government enacted the Consumer Protection Act, 1986, after which the Consumer Protection Act, 2019 has been enacted to amend the said Act. According to the provisions of this Act, the following system has been established in the state.
- National Consumer Disputes Redressal Commission – Cases above 2 Cr
- State Consumer Disputes Redressal Commission – Cases ranging from 50 lakhs to 2 Cr
- District Consumer Disputes Redressal Commission – Cases up to 50 lakhs
How to file a complaint? –
No specific complaint form has been prescribed for filing a complaint. The complaint should be prepared in Marathi or English language.
- The consumer can file a complaint with the commission himself or through a lawyer.
- The complaint can be sent by post as well as filed online.
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The complaint should be prepared for the Commission in three copies, which should clarify the entire points in the complaint. In it, the name and address of the complainant, the names and addresses of the opposing party, the goods or services purchased or rented by the consumer, when, for how much rupees, the place where the transaction took place should be written. The reason for making the complaint should be mentioned.
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Write detailed details of what defect occurred in the goods/services, when it occurred, when the opposite party was informed about it, what action was taken or not taken by the opposite party. In case of delay in filing complaint, application for condonation of delay stating joint reasons for delay to be attached with the complaint.
- It should be mentioned in the complaint that the complaint falls within the geographical scope of the commission as well as the financial limit.
- It should be mentioned that the complaint has not been filed in any other court, it is not pending or the claim has not been settled, if so, give the details.
- If a fee is applicable to the complaint, details of payment of the fee should be provided.
- The complainant should make the expected demand from the Commission and if he wants immediate relief or an injunction, he should make a separate application for the same.
- Finally, a self-attested affidavit stating that the content of the complaint is true is mentioned should do. Affidavit does not need to be notarized.
- All the documentary evidences regarding the allegations in the complaint should be self-attested on Xerox copy and a separate list should be attached.
(For more details please visit – https://confonet.nic.in (edakhil))