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District Consumer Disputes Redressal Forum :The forum President and members are directly / indirectly appointed by the

state government and he shall be eligible to be a district judge. All members of the court can have a term of up to five years or up to 65 years, whichever is earlier. The District Consumer Forum cannot conduct a hearing without the President and at least one other member. This consumer court deals with complaints where the compensation sought is less than twenty lakhs. This limit is commonly known as the 'pecuniary jurisdiction' of the District Consumer Disputes Redressal Forum. For more details on how to file a complaint with a District Consumer Court, please refer to our article about filing complaints in consumer courts. A District Consumer Forum can hear cases for any company that operates an office or a branch in the district. It can also hear cases provided the actual reason why you are filing the complaint (such as sale or maintenance service that led to the defect) partially or fully occurred within the district. For this same reason, it is VERY IMPORTANT that you do not do business with any company that does not have local representation or one that makes you sign an agreement regarding the jurisdiction of the dispute. The law provides that the District Consumer Disputes Redressal Forum has the same powers as a civil court under Code of Civil Procedure 1908, but you may be surprised as to how much of this power in law books actually manifests when put to practice. The District Consumer Forum can order the company to take the following actions once it hears the complaint and decides that the company is at fault: Correct deficiencies in the product to what they claim Repair defect free of charges Replace product with similar or superior product Issue a full refund of the price Pay compensation for damages / costs / inconveniences Withdraw the sale of the product altogether Discontinue or not repeat any unfair trade practice or the restrictive trade practice Issue corrective advertisement for any earlier misrepresentation

If you are not satisfied with the verdict from the District Consumer Court, you can appeal in the State Consumer Disputes Redressal Commission within a period of 30 days. If a verdict has been given against the company, it can appeal only after depositing 50% of the compensation to be paid to you or Rs.25000/-, whichever is lesser.

Jurisdiction :Jurisdiction of District Forum :-

1) - Subject to the other provisions of this Act, 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 rupees twenty lakhs. 2) - A complaint shall be instituted in a District Forum within 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, 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, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or c) - the cause of action, wholly or in part, arises.

State Consumer Disputes Redressal Commission :The law provides that the State Consumer Commission function in the state capital, but the government has the powers to move it as needed. The President of the State Consumer Commission shall be or should have been a High Court judge and should be appointed only after consultation with the Chief Justice of the High Court with the states jurisdiction. The remaining members of the commission are appointed by a committee with the President of the State Consumer Court as its chairman, and they can have a term of up to five years or up to 67 years, whichever is earlier. The State Consumer Disputes Redressal Commission deals with a pecuniary jurisdiction of only those complaints where the compensation sought is higher than twenty lakhs but lesser than one crore. For more details on how to file a complaint with a State Consumer Court, please refer to our article about filing complaints in consumer courts. The State Consumer Forum usually hears cases of three types: 1. Appeals from District Consumer Forums 2. Cases against companies that operates an office or a branch in the state. 3. Cases where the actual reason why you are filing the complaint (such as signing of an agreement or payment of a bill) partially or fully occurred within the state. The State Consumer Court also has the powers to transfer a case from one District Consumer Forum to another Forum provided there is such a request or it is in the interest of the law.

If you are not satisfied by the verdict from the State Consumer Court, you can appeal in the National Consumer Disputes Redressal Commission, within a period of 30 days. If a verdict

Jurisdiction :Jurisdiction of state council :1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction:a) - to entertain i) - complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees onecrore; and ii) - appeals against the orders of any District Forum within the State; and b) - to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.
has been given against the company, it can appeal only after depositing 50% of the compensation to be paid to you or Rs.35000/-, whichever is lesser.

National Consumer Disputes Redressal Commission :The National Consumer Court must ordinarily be functioning in New Delhi and is presided over by a person who is currently or has been in the past a judge of the Supreme Court. The President of the National Consumer Disputes Redressal Commission (NCDRC) is appointed by the Central Government after consultation with the Chief Justice of India. The National Consumer Commission has a minimum of four other members and is appointed by a committee chaired by a Supreme Court judge as recommended by the Chief Justice of India. Members of the NCDRC can have a term of up to five years or up to 70 years, whichever is earlier. If your complaint seeks more than one crore rupees of compensation from a company, then the National Consumer Commission has the pecuniary jurisdiction over your complaint. For more details on how to file a complaint with the National Consumer Court, please refer to our article about filing complaints in consumer courts. The National Consumer Court handles five types of complaints: Complaints that has been sought or need to be transferred from one State Consumer Commission to another in the interest of justice. Appeals from State Consumer Disputes Redressal Commissions

Consumer complaints that occurred in India, except in the State of Jammu and Kashmir Cases from State Consumer Commissions where there has been accusations or proof of material irregularity or illegal activities Cases where ex-parte (where verdicts have been passed in the absence of either parties) orders have to be set aside.

If you are not satisfied by the verdict from the National Consumer Court, you can appeal in the Supreme Court, within a period of 30 days. If a verdict has been given against the company, it can appeal only after depositing 50% of the compensation to be paid to you or Rs.50000/-,

Jurisdiction :Jurisdiction of National Council :Subject to the other provisions of this Act, the National Commission shall have jurisdiction a) - to entertain
i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and ii) appeals against the orders of any State Commission

b) - to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

POWER OF AND PROCEDURE APPLICABLE TO THE NATIONAL COMMISSION.

The National Commission shall, in the disposal of any complaints or any proceedings before it, have -

(a) the powers of a civil court as specified in sub-sections (4), (5) and (6) of section 13;

(b) the power to issue an order to the opposite party directing, him to do any one or more of the things referred to in clauses (a) to (i) of sub-section (1) of section14, and follow such procedure as may be prescribed by the Central Government.

1. Ins. by Act 50 of 1993, Sec. 18 (w.e.f. 18-6- 1993) and subs. by Act 62 of 2002, Sec 20 for section "22. Power of and procedure applicable to the National Commission.- The National Commission shall, in the disposal of any complaints or any proceedings before it, have-

(a) the powers of a civil court as specified in sub-section (4), (5) and (6) of section 13;

(b) the power to issue an order to the opposite party directing him to do any one or more of the things referred to in clauses (a) to (i) of sub-section (1) of section 14,

and follow such procedure as may be prescribed by the Central Government." (w.e.f. 15-32003)..

21. JURISDICTION OF THE NATIONAL COMMISSION.

Subject to the other provisions of this Act, the National Commission shall have jurisdiction -

(a) to entertain -

(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs; and

(ii) appeals against the orders of any State Commission; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

25. Enforcement of orders of the District Forum, the State Commission or the National Commission

[25. Enforcement of orders of the District Forum, the State Commission or the National Commission

(1) Where an interim order made under this Act, is not complied with the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.

(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.

(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district

(by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.]

1. Subs. by Act 62 of 2002, Sec. 22, for section "25. Enforcement of orders by the State Commission or the National Commission.- Every order made by the District Forum, the State Commission or the National Commission may be enforced by the District Forum, the State Commission or the National Commission, as the case may be, in the same manner as if it were decree or order made by a court in a suit pending therein and it shall be lawful for the District Forum, the State Commission or the National Commission to sent, in the event of its inability to execute it, such order to the court within the local limits of whose Jurisdiction,-

(a) in th ecase of an order against a company, the registered office of the company is situated, or

(b) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated,

and thereupon, the court to which the order is so sent, shall execute the order as if it were a decree or order sent to it for execution." (w.e.f. 15-3-2003).

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