What is National Consumer Disputes Redressal? What is its Role?

February 17, 2023
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ncrdc

Introduction

NCDRC: National Consumer Dispute Resolution Commission Quasi-judicial bodies known as District Forums, State Consumer Disputes Redressal Commissions, and also the National Consumer Disputes Redressal Commission, respectively, have been established in each District, State, and at the Federal level to provide affordable, quick, and comprehensive redress of consumer disputes. Currently, there are 35 State Commissions and 629 District Forums, with the National Consumer Disputes Redressal Commission (NCDRC) serving as the supreme body.

In 1988, the National Commission was established. A Supreme Court of India judge currently sitting or has retired is in charge of it.

History

The Consumer Protection Act of 1986 is a helpful piece of social legislation that establishes consumer rights and also makes provisions for their promotion and protection. The Act removes the adage “Buyer Beware” by laying out the rights and also the remedies of consumers in a market previously dominated by organized producers, traders, and suppliers of various goods and services. The first and only Act of its kind in India has made it possible for regular consumers to obtain a less expensive and frequently quick resolution to their complaints.

To increase consumer awareness, the Act requires the formation of Consumer Protection Councils at the Center and in each State and District. The Minister of the Department of Consumer Affairs in the Central Government leads the Central Council, and the Minister of the Department of Consumer Affairs in the State Governments leads the State Councils. For the swift resolution of consumer disputes, it also stipulates a three-tier structure of the National and State Commissions and District Forums.

Each State Commission is led by a person who has been a High Court Judge, and each District Forum is led by a person who is or has been a District Judge or is qualified to be appointed as a District Judge.

“The provisions of this Act cover goods” and “services.” The goods are produced, manufactured, and distributed to customers by wholesalers and retailers. Transportation, telephone, electricity, housing, banking, insurance, medical care, and other services fall under this category.

For monetary values up to Rs. 20 lacks, the State Commission for amounts up to Rs. 1 crore, and the National Commission for payments over Rs. 1 crore, a written complaint regarding product defects or service deficiencies may be submitted. The examples provided above are illustrative; the service can be of any type. However, no objection may be made regarding alleged defects in any service provided without charge or according to a personal service agreement.

The Consumer Protection Act’s remedy is an additional option to the civil lawsuit already available to consumers who have been wronged. Consumers are only required to pay a small fee in the complaint/appeal/petition submitted under the Act; no court fees are involved.

Proceedings in the Consumer Fora are brief. While keeping in mind the Act’s provisions that set out a timeline for case resolution, every effort is made to provide the harmed consumer with relief as soon as possible.

Consumers can appeal to the State Commission if dissatisfied with a District Forum’s decision. A consumer may approach the National Commission in defiance of a State Commission order.

Role of NCDRC: 

To assist in achieving the goals of the Consumer Protection Act, the National Commission has also been given administrative control authority over all State Commissions by requesting regular reports on the institution, disposition, and status of cases. The National Commission has the power to give guidance on the following:

  • Adopting a standard procedure for case hearings,
  • Providing copies of documents created by one party before serving them to the opposing parties,
  • Prompt document copy grants, and
  • General oversight of the State Commissions’ and District Forums’ operations to ensure that the Act’s goals are best achieved while preserving their quasi-judicial independence.

The National Commission’s Registry. The hours for filing are 10 a.m. to 4 p.m. On the seventh day after a matter is filed with the Registry, it is listed for admission before the National Commission. Consumer-friendly District Forum, State Commission, and National Commission operations allow for filing complaints and in-person debates. The Commission offers free legal aid in sincere situations where the complainant, appellant, or petitioner before the National Commission cannot retain the services of an advocate.

According to the rules of Consumer Protection Act of 1986, National Consumer Disputes Redressal Commission, also known as the NCDRC, was established as a quasi-judicial body.

  • In 1988, it was founded.
  • Its main office is located in New Delhi.
  • A retired or active Supreme Court justice serves as chair of the NCDRC.
  • To provide prompt, cost-effective, and concise resolution of consumer complaints or disputes is the goal of National Consumer Disputes Redressal Commission (NCDRC) and also the corresponding state commissions and districts for a.
  • The NCDRC currently consists of seven other members and is led by Justice R. K. Agrawal, a former SC judge.
  • The NCDRC is at the top, with 629 district commissions and 35 state commissions below it.

Jurisdiction of NCDRC

The NCDRC is authorized to hear consumer complaints valued at more than Rs. 1 Crore under Section 21 of the Consumer Protection Act of 1986. Following the 2019 Act, which replaced the 1986 Act, the NCDRC will consider complaints with a value greater than Rs. 10 Crore.

  • The Commission also has the authority to review and appeal decisions made by state consumer dispute resolution commissions and district courts, as appropriate.
  • The Act also stipulates that, within 30 days of receiving an order from the NCDRC, anyone dissatisfied with it may file an appeal with the nation’s Supreme Court.
  • The State commissions will hear cases involving Rs. 1 crore and Rs. 10 crore.
  • Cases up to Rs. 1 crore will be investigated by the District for a.
  • Another modification to the 2019 Act is that the complainant may file the complaint in the location of their employment or residence rather than the area of the other party’s home or place of business, easing the burden on consumers.