Article Section | |||||||||||
CONSUMER COMPLAINT BEFORE STATE COMMISSION |
|||||||||||
|
|||||||||||
CONSUMER COMPLAINT BEFORE STATE COMMISSION |
|||||||||||
|
|||||||||||
State Consumer Disputes Redressal Commission Section 42 of the Consumer Protection Act, 2019 provides that the State Government shall, by notification, establish a State Consumer Disputes Redressal Commission (‘State Commission’ for short) to be known as the State Commission, in the State. The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette. The State Government may, by notification, establish regional benches of the State Commission, at such places, as it deems fit. Each State Commission shall consist of a President and not less than four or not more than such number of members as may be prescribed in consultation with the Central Government. Jurisdiction The State Commission shall have jurisdiction to entertain-
Institution of complaint A complaint shall be instituted in a State Commission within the limits of whose jurisdiction-
Limitation The State Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arise. A complaint may be entertained after the period, if the complainant satisfies the State Commission that he had sufficient cause for not filing the complaint within such period. No such complaint shall be entertained unless the State Commission records its reasons for condoning such delay. Who may file complaint? 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 the State Commission by-
Fee for making complaints Every complaint filed shall be accompanied by a fee, as specified below, in the form of crossed Demand Draft drawn on a nationalized bank or through a crossed Indian Postal Order in favor of the Registrar of the State Commission and payable at the respective place where the State Commission or the through electronic mode as per arrangement made by the Commission concerned:
The State Commission shall credit the amount of fee received by it to the Consumer Welfare Fund of the State and where such Consumer Welfare Fund is not established, into the appropriate account of the State Government. Admission of complaint On receipt of a complaint, the State Commission may, by order, admit the complaint for being proceeded with or reject the same. A complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant. The admissibility of the complaint shall ordinarily be decided within 21 days from the date on which the complaint was filed. If the State Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted. Reference to mediation At the first hearing of the complaint after its admission, or at any later stage, if it appears to the State Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation. Where the parties agree for settlement by mediation and give their consent in writing, the State Commission shall, within 5 days of receipt of such consent, refer the matter for mediation, Procedure on admission of complaint The State Commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaint. Complaint relating to goods Where the complaint relates to any goods, the State Commission shall,-
Complaint relating to services The State Commission shall, if the complaint admitted by it relates to goods in respect of which the procedure specified above cannot be followed, or if the complaint relates to any services,-
No proceedings complying with the procedure laid down as above shall be called in question in any court on the ground that the principles of natural justice have not been complied with. Service of notice All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the State Commission, or by any other mode of transmission of documents including electronic means. The notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices. When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the State Commission or postal article containing the notice is received back by State Commission with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means when tendered or transmitted to him, the State Commission shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be. All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides. Hearing Every complaint shall be heard by the State Commission on the basis of affidavit and documentary evidence placed on record. Where an application is made for hearing or for examination of parties in person or through video conferencing, the State Commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same. Advice of experts Where the State Commission, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organization or expert to assist the State Commission. Adjournment No adjournment shall ordinarily be granted by the State Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission. The State Commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations. Time limit for disposal of complaint Every complaint shall be disposed of as expeditiously as possible and endeavor shall be made to decide the complaint within a period of 3 months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities. In the event of a complaint being disposed of after the period so specified, the State Commission shall record in writing, the reasons for the same at the time of disposing of the said complaint. During the pendency of any proceeding before the State Commission, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case. Powers of State Commission The State Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:-
The State Commission shall have power to require any person, -
Where during any proceedings under this Act the State Commission has any ground to believe that any book, paper, commodity or document which may be required to be produced in such proceedings, are being or may be, destroyed, mutilated, altered, falsified or secreted, it may, by written order, authorize any officer to exercise the power of entry and search of any premises, and seizure of any book, paper, document or commodity as may be required for the purposes of such proceeding. Such seizure shall be communicated to the State Commission as soon as it is made or within a period not exceeding 72 hours of making such seizure after specifying the reasons in writing for making such seizure. The State Commission on examination of such seized documents or commodities may order the retention thereof or may return it to the party concerned. Findings of State Commission Where the State Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:-
Every order made by the State Commission shall be signed by the President and the member who conducted the proceeding. Where the order is made as per majority opinion such order shall also be signed by the other member. The State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void. In any proceeding conducted by the President and a member and if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the State Commission. Review by State Commission The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within 30 days of such order. Finality of order Every order of the State Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final. Enforcement of order Every order made by a State Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. Penalty for non compliance of order Whoever fails to comply with any order made by he State Commission shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to 3 years, or with fine, which shall not be less than ₹ 25000/- , but which may extend to ₹ 1 lakh, or with both. Appeal before State Commission Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed. The State Commission may entertain an appeal after the expiry of the said period of 45 days, if it is satisfied that there was sufficient cause for not filing it within that period. No appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited 50% of that amount in the manner as may be prescribed. An appeal filed before the State Commission shall be heard as expeditiously as possible and every endeavor shall be made to dispose of the appeal within a period of 90 days from the date of its admission. No adjournment shall ordinarily be granted by the State Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission. The State Commission shall make such orders as to the costs occasioned by the adjournment, as may be specified by regulations. In the event of an appeal being disposed of after the period so specified, the State Commission shall record in writing the reasons for the same at the time of disposing of the said appeal. The procedure in filing appeal before the State Commission is as below-
Appeal against the order of State Commission Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to the National Commission within a period of 30 days from the date of the order in such form and manner as may be prescribed. The National Commission shall not entertain the appeal after the expiry of the said period of 30 days unless it is satisfied that there was sufficient cause for not filing it within that period. No appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited 50% of that amount in the manner as may be prescribed.
By: Mr. M. GOVINDARAJAN - March 15, 2021
|
|||||||||||
|
|||||||||||