Non-Clinical Support » Legal and Medico Legal issues

Consumer Protection Act, 1986

Consumer disputes redressal agencies

Additional powers requiring production of documents, etc.
The National Commission, State Commission and District Forums are also vested with additional powers, under rule 10 of the Consumer Protection Rules, 1987 to require any person:

• To produce before, and allow to be examined and kept by an officer of the National Commission, the State Commission or the District Forum, as the case may be, specified in this behalf, such books, accounts, documents or commodities in the custody or under the control of the persons so required as may be specified or described in the requisitions, if the examination of such books, accounts, documents or commodities are required for the purpose of this Act;
• To furnish to an officer so specified, such information as may be required for the purpose of this Act:
  • where during any proceedings under this Act the National Commission, the State Commission or the district Forum as the case may be has any ground to believe that any book, any paper, commodity, or document which may be required to be produced in such proceeding are being, or may be destroyed, mutilated, altered, falsified or secreted, it may, by writing order authorized any officer to exercise the power of entry and search of any premises. Such authorized officer may also seize such books, papers, documents or commodities as are required for the purpose of this Act, provided that such seizure shall be communicated to the National Commission or the District Forum, as the case may be, as soon as it is made or within a period not exceeding 72 hours of making such seizure.
  • the National Commission, the State Commission or the District Forum as the case may be, on examination of such seized documents or commodities, as the case may be, may order the retention thereof or may return it to the party concerned.

Findings of the District Forum
If, after the proceeding conducted under Section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint about the services or allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:

• To remove the defect pointed out by the appropriate laboratory from the goods in questions
• To replace the goods with new goods of similar descriptions which shall be free from defect
• To return to the complainant the price or, as the case may be, the charges paid by the complainant
• To pay such amount as may 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
• To remove the defects or deficiencies, in the services in question
• To discontinue the unfair trade practice or the restrictive trade practice or not to repeat them
• Not to offer the hazardous goods for sale
• To withdraw the hazardous goods from being offered for sale
• To provide for adequate costs to parties.

Comment: the provisions relating to goods may apply in case of supply of defective medicines, equipments, blood, etc.

Appeal against orders of the District Forum
Any person aggrieved by an order made by the District Forum may appeal against such order to the State Commission within a period of 30 days from the date of the order. The State Commission may entertain an appeal after 30 days, if it is satisfied that there was sufficient cause for not filing it within that period.

The expression "date of order" should be constructed as date of knowledge of the order, i.e. when copies of the order are received by the party.

State Commission

This shall consist of:

• A person who is or has been judge of a High Court, appointed by the State Government, who shall be its President; and
• Two other members with qualifications and experience (as for District Forum) within the State; and
• Revision petitions against the District Forum.

Procedure to be followed by State Commission
Procedure of the State Commission for entertaining original complaints is the same as for District Forum.

Procedure of hearing appeals by State Commission
The procedure for hearing of appeals by the State Commission has been prescribed by the State Rules framed by the States which are almost identical for each State. Reference may be made to the relevant State Rules by the readers of that State.

Appeal may be decided ex parte in case the opposite party fails to file a reply to the appeal and /or fails to appear himself or through his agent/advocate on the date fixed. It may be decided on merit, in case the appellant fails to appear on the date fixed for hearing.

Appeals against orders of State Commission
Any person aggrieved by an order made by the State Commission may appeal against such order to the National Commission within a period of 3 days. The National Commission may entertain an appeal after 30 days if it is satisfied that there was sufficient cause for not filing the appeal within that period.

National Commission

This shall consist of:

• A person who is or has been a judge of the Supreme Court (to be appointed by the Central Government) who shall be its President. (No appointment under this clause shall be made except after consultation with the Chief Justice of India); and
• 4 other members (qualification: as for District Forum/State Commission), one of whom shall be a woman.

Jurisdiction of the National Commission
The National Commission shall have jurisdiction to entertain:

• Complaints where the value of goods services and compensation if any, claimed exceeds rupees 20 lakhs; and
• Appeals against the orders of any State Commission; and
• To entertain revision petitions against the State Commission.

Procedure to be followed by the National Commission
A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the National Commission or be sent by registered post, addressed to the National Commission:

• The name, description and the address of the complainant;
• The name, description and address of the opposite party or parties, as the case may be, so far as they can be ascertained;
• The facts relating to the complaint and when and where it arose;
• Documents in support of allegations contained in the complaint;
• The relief which the complainant claims.

The remaining procedure is similar to that for State Commission. Procedure for filing and hearing of appeals has been prescribed in Rule 15 of the Consumer Protection Rules, 1987.

Appeal against orders of the National Commission
Any person aggrieved by an order made by the National Commission, may appeal against such order to the Supreme Court within 30 days from the date of the order.

The Supreme Court ay entertain an appeal after 30 days if it is satisfied that there was sufficient cause for not filing the appeal within that period.