3-Tier Redressal Machinery | Redressal Machinery under Consumer Protection Act

Introduction:

• The legal framework in India encompasses various legislations which provide protection to consumers. The most important of these regulations is the Consumer Protection Act, 2019.

• The Act provides for a three-tier machinery at the district, state and national levels for redressal of consumer grievances.

So Before directly studying the set-up and functioning of these redressal agencies let see how the Consumer Protection Act defines a consumer and who can file a complaint under the Consumer Protection Act.

Question- Who is consumer? [According To CPA ]

Answer- Under the Consumer Protection Act, a consumer is defined as:

• Any person who buys any goods for a consideration, which has been paid or promised, or partly paid and partly promised, or under any scheme of deferred payment. It includes any user of such goods who is the ultimate user but does not include a person who obtains goods for re-sale or any commercial purpose.

• Any person who hires or avails of any service, for a consideration which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. It includes any beneficiary of services who is the ultimate  consumer of that service, but does not include a person who avails of such services for any commercial purpose.

Question- Who can file a complaint?

Answer- Complaint before the appropriate consumer forum can be made by:

i.) Any consumer

ii.) Any registered consumers’ association;

iii.) The Central Government or any State Government.

iv.) One or more consumers, on behalf of numerous consumers having the same interest.

v.) A legal heir or representative of a deceased consumer.

vi.) A complaint under Section 2 (b) of the Consumer Protection Act 1986.

Note:- In most of the Indian acts – the section 1 of any act comprises of introduction and section 2 of any act comprises of Definitions. So u can remember that by default definitions about any act are given in the section 2 of that act.

Concept of 3-Tier Redressal Machinery:

Level	Name of Redressal agency	Commonly known as
At district level	The District Consumer Dispute Redressal Forum	District Forum
At State level	State Consumer Disputes Redressal Commission	State Commission
At National level	the National Consumer Disputes Redressal Commission	National Commission

1) District Forum:

• The District Forum consists of 1 President and 2 members, one of whom should be a woman.

Question- who appoint these president & member?

Answer- They all are appointed by the concerned State Government. •A complaint can be made to the appropriate District Forum when the value of the goods or services in question, along with the compensation claimed, does not exceed ₹ 20 lakhs.

Question- how many district commission are there in India?

Answer- There are 644 district commissions in India.

Question- How district forum work?

Answer- The process of district forum work as follows:

• On receiving the complaint, the District Forum shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample thereof, shall be sent for testing in a laboratory.

• The District Forum after considering the test report from the laboratory and hearing to the party against whom the complaint is filed shall pass an order to either replace or return the product OR pay compensation if goods are found defective.

• In case the aggrieved party is not satisfied with the order of the District Forum, he can appeal before the State Commission within 30 days of the passing of the order.

2) State Commission:

• The state commission consists of 1 President and 2 members, one of whom should be a woman.

Question- who appoint these president & member?

Answer- They all are appointed by the concerned State Government. •A complaint can be made to the appropriate State Commission when the value of the goods or services in question, along with the compensation claimed, exceeds ₹20 lakhs but does not exceed ₹ 1 Crore.

Question- how many state commission are there in India?

Answer- There are 35 state commissions in India.

Question- How State Commission work?

Answer- The process of State Commission as follows:

• On receiving the complaint, the State Commission shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample thereof, shall be sent for testing in a laboratory.

• The State Commission after considering the test report from the laboratory and hearing to the party against whom the complaint is filed shall pass an order.

• In case the aggrieved party is not satisfied with the order of the State commission, he can appeal before the National Commission within 30 days of the passing of the order.

3) National Commission:

• The state commission consists of 1 President and 4 members, one of whom should be a woman.

Question- who appoint these president & member?

Answer- They all are appointed by the concerned Central Government.

• A complaint can to be made to the National Commission when the value of the goods or services in question, along with the compensation claimed, exceeds ₹ 1 Crore.

Question- how many National commission are there in India?

Answer- The National Commission has apex jurisdiction over the whole country. There is only 1  National Consumer Disputes Redressal Commission (NCDRC) who has its office in New Delhi.

Question- How National Commission work?

Answer- The process of National Commission as follows:

• On receiving the complaint, the National Commission shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample thereof, shall be sent for testing in a laboratory.

• The State Commission after considering the test report from the laboratory and hearing to the party against whom the complaint is filed shall pass an order.

• In case the aggrieved party is not satisfied with the order of the national commission, he can appeal before the Supreme court within 30 days of the passing of the order.

Diagram Showing 3-Tier Redressal Machinery Summary:

Other Topics From this Chapter:

Topic 1 – Consumer Protection – Concept, Scope and Importance

Topic 2 – Consumer Protection Act and its Legal Protection to Consumers

Topic 3 – Consumer Rights and Duties

Topic 4 – Ways of Consumer Protection and Relief available to Consumers

Topic 6 – Role of Consumer Organizations & NGOs