national consumer disputes redressal agencies

8/3/2019 National Consumer Disputes Redressal Agencies

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PRESENTED BY :

SWARNAKA CHOWDHARY

SINDHU SHARMA SHREYAS

SURAJ KANNAN

TABING LAMGU SUDARSHAN RAO


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The Consumer Protection Act, 1986, is a benevolent social legislationthat lays down the rights of the consumers and provides their forpromotion and protection of the rights of the consumers. The first andthe only Act of its kind in India, it has enabled ordinary consumers tosecure less expensive and often speedy redressal of their grievances. By

spelling out the rights and remedies of the consumers in a market so fardominated by organized manufacturers and traders of goods andproviders of various types of services, the Act makes the dictum,caveatemptor(buyer beware) a thing of the past.

The Act mandates establishment of Consumer Protection Councils atthe Centre as well as in each State and District, with a view topromoting consumer awareness.

The National Commission was constituted in the year 1988. It is

headed by a sitting or retired Judge of the Supreme Court of India.


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DistrictForum

A written complaint, as amended by Consumer Protection(Amendment) Act, 2002, can be filed before the DistrictConsumer Forum (upto Rupees twenty lakhs)

StateCommission

A written complaint, as amended by Consumer Protection(Amendment) Act, 2002, can be filed before the StateCommission (upto Rupees One crore)

NationalCommission

A written complaint, as amended by Consumer Protection(Amendment) Act, 2002, can be filed before the NationalCommission ( above Rupees One crore)


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The National Commission is headed by a President who shall be asitting or retired Judge of Supreme Court and shall consist of fourother members one of whom shall be a woman. The President isappointed by the Central Government after consultation with the

Chief Justice of India;

The members should be not less than 35 years of age and theyshould possess a Bachelors degree from a recognized university;

The Act requires that the members should be persons of ability,integrity and standing and should have adequate knowledge orexperience of or have shown capacity in dealing with, problemsrelating to economics, law, commerce, accountancy, industry,public affairs or administration.


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A person shall be disqualified for appointment if he Has been convicted and sentenced to imprisonment for an offence

which, in the opinion of the Central Government, involves moralturpitude; or

Is an un discharged insolvent; or Is of unsound mind and stands so declared by a competent court; or

Has been removed or dismissed from the service of the Government ora body corporate owned or controlled by the Government; or

Has in the opinion of the Central Government such financial or otherinterest as is likely to affect prejudicially the discharge by him of hisfunctions as a member; or

Has such other disqualifications as may be prescribed by the Central

Government


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The appointment of members of National Commission shallbe made by the Central Government on recommendation ofSelection Committee consisting of-

A person who is a Judge of Supreme Court to be nominated bythe Chief Justice of India- Chairman.

Secretary in the department of legal affairs in Government of

India. - Member

Secretary of the Department dealing with Consumer affairs inthe Central Government - Members.


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The jurisdiction, powers and authority of the NationalCommission may be exercised by Benches thereof.

A Bench may be constituted by the President with one or moremembers as the President may deem fit.

if the Members of a Bench differ in opinion on any point, thepoints shall be decided according to the opinion of themajority, if there is a majority, but if the members are equallydivided, they shall state the point or points on which they

differ, and make a reference to the President who shall eitherhear the point or points himself or refer the case for hearing onsuch point or points by one or more or the other Members andsuch point or points shall be decided according to the opinionof the majority of the Members who have heard the case,including those who first heard it.


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The salary or honorarium and otherallowances payable to and the other terms

and conditions of service of the members ofthe National Commission shall be such asmay be prescribed by the CentralGovernment.


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Every member of the National Commission shall hold office for a term of fiveyears or up to the age of seventy years, whichever is earlier.

Provided that a member shall be eligible for re-appointment for another termof five years or up to the age of seventy years, whichever is earlier, subject tothe condition that he fulfills the qualifications and other conditions for

appointment mentioned in clause (b) of sub-section (1) and such re-appointment is made on the basis of the recommendation of the SelectionCommittee:

Provided further that a person appointed as a President of the NationalCommission shall also be eligible for re-appointment in the manner providedin clause (a) of sub-section (1) :

Provided also that a member may resign his office in writing under his handaddressed to the Central Government and on such resignation being accepted,his office shall become vacant and may be filled by appointment of a personpossessing any of the qualifications mentioned in sub-section (1) in relation tothe category of the member who is required to be appointed under the

provisions of sub-section (1A) in place of the person who has resigned.


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Notwithstanding anything contained in sub-section (3), a person appointed as a President

or as a member before the commencement ofthe Consumer Protection (Amendment) Act,2002 shall continue to hold such office asPresident or member, as the case may be, tillthe completion of his term.


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National Commission shall have jurisdiction to entertain -

Complaints where the value of the goods or services andcompensation, if any, claimed exceeds rupees twenty lakhs; and

(ORIGINAL JURISDICTION) Appeals against the orders of any State Commission; and

(APPELLATE JURISDICTION)

To call for the records and pass appropriate orders in any consumer

dispute which is pending before or has been decided by any StateCommission where it appears to the National Commission that suchState Commission has exercised a jurisdiction not vested in it by law,or has failed to exercise a jurisdiction so vested, or has acted in theexercise of its jurisdiction illegally or with material irregularity.(REVISIONAL JURISDICTION)


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The National Commission shall have administrative control over all

the State Commissions in the following matters, namely :-

Calling for periodical returns regarding the institutions, disposal,

pendency of cases; Issuance of instructions regarding adoption of uniform

procedure in the hearing of matters, prior service of copies ofdocuments produced by one party to the opposite parties,furnishing of English translation of judgments written in anylanguage, speedy grant of copies of documents;

Generally overseeing the functioning of the State Commissions orthe District Forum to ensure that the objects and purposes of theAct are best served without in any way of interfering with their

quasi-judicial freedom.


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Any person aggrieved by an order made by the NationalCommission in exercise of its power conferred by sub-clause (i)of clause (a) of section 21, may prefer an appeal against such orderto the Supreme Court within a period of thirty days from the

date of the order : Provided that the Supreme Court may entertain an appeal after

the expiry of the said period of thirty days if it is satisfied thatthere was sufficient cause for not filing it within that period.

Provided Further that no appeal by a person who is required topay any amount in terms of an order of the National Commissionshall be entertained by the Supreme Court unless that person haddeposited in the prescribed manner fifty per cent. of that amount

or rupees fifty thousand, whichever is less.


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The provisions of sections 12, 13 and 14 and therules made there under for the disposal ofcomplaints by the District Forum shall, with such

modifications as may be considered necessary bythe Commission, be applicable to the disposal ofdisputes by the National Commission.

Without prejudice to the provisions contained insub-section (1), the National Commission shall havethe power to review any order made by it, whenthere is an error apparent on the face of record.


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Where an order is passed by the National

Commission ex parte against the opposite partyor a complainant, as the case may be, theaggrieved party may apply to the Commission to

set aside the said order in the interest of justice.


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On the application of the complainant or of its

own motion, the National Commission may, at

any stage of the proceeding, in the interest ofjustice, transfer any complaint pending beforethe District Forum of one State to a District

Forum of another State or before one StateCommission to another State Commission.


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The National Commission shall ordinarily

function at New Delhi and perform its functionsat such other place as the Central Governmentmay, in consultation with the National

Commission, notify in the Official Gazette, fromtime to time.


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The National Commission may, with the previousapproval of the Central Government, bynotification, make regulations not inconsistent withthis Act to provide for all matters for which

provision is necessary or expedient for the purposeof giving effect to the provisions of this Act.

In particular and without prejudice to the generality

of the foregoing power, such regulations may makeprovisions for the cost of adjournment of anyproceeding before the District Forum, the StateCommission or the National Commission, as thecase may be, which a party may be ordered to pay.


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(1) A complaint containing the following particulars shall be presented bythe complainant in person or by his agent to the National Commissionor 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, asthe 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 the allegations contained in the complaint;

the relief which the complainant claims.

(2) The National Commission shall, in disposal of any complaint before it,as far as possible, follow the procedures laid down in sub-sections (1)and (2) of section 13 in relation to the complaint received by thedistrict forum.


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(3) On the date of hearing or any other date to which hearing could be adjourned, it shallbe obligatory on the parties or their agents to appear before the National Commissionon such days, the National Commission may in its descretion either dismiss thecomplaint for default or decide it on merits. Where the opposite party or its agent failsto appear on the date of hearing the National Commission may decide the complaintex-parte.

(4) The National Commission may, on such terms as it deems fit and at any stage of theproceedings, adjourn the hearing of the complaint but the complaint shall be decided asfar as possible within a period of three months from the date of notice received byopposite party where complaint does not require analysis or testing of commodities.

(5) If after the proceedings conducted under sub-rule(3), the National Commission issatisfied with the allegations contained in the complaint, it shall issue orders to the

opposite party or parties, as the case may be, directing him or them to take one or moreof the things as mentioned in sub-section (1) of section 14. the National Commissionshall also have the power that any order passed by it, where no appeal has beenpreferred under section 23 or where the order of the National Commission has beenaffirmed by the Supreme Court under that section, be published in the Official Gazzetteor through any other media and no legal proceedings shall lie against the NationalCommission or nay media for such publication.


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The complainant, Dr Kunal Saha and his wife Anuradha, 36, were of Indian origin and settled in the US. Anuradhawas pursuing a PhD in a university there. In April-May 1998, they were holidaying in Kolkata when Anuradhacontracted Toxic Epidermal Necrolysis, which the NCDRC termed a "rare and deadly disease". A TEN patient loses theepidermis in layers and the exposed lower skin must be treated like a superficial burn wound. One out of 1.3 millionpeople a year get TEN.

Anuradha showed symptoms of rashes over her body and received treatment as an outdoor patient until May 10,1998. On May 11, 1998 she was admitted to the Advanced Medicare and Research Institute (AMRI) in Kolkata, whereshe was treated till May 16, 1998. As her condition didn't improve, she was then shifted to a hospital in Mumbai via anair ambulance. She died on May 28, 1998 following complications from an alleged overdose of steroid that had beenadministered in Kolkata.

Saha said the doctors and hospitals who treated Anuradha were grossly negligent and deficient in service, whichled to her death. He issued legal notices to 26 people demanding compensation. In March 1999, he filed a petitionbefore the NCDRC demanding Rs 77 crore from Dr Sukumar Mukherjee, Dr B Haldar, Dr Balram Prasad, AMRI, DrAbani Roy Chowdhury (physician), a plastic surgeon and the AMRI directors. He also demanded Rs 25.3 crore fromthe hospital in Mumbai, but this complaint was later withdrawn.

The doctors and the hospital denied the allegations and in June 2006 the commission dismissed Saha's complaint.Kunal's brother-in-law had also filed a criminal complaint, but the Kolkata high court acquitted the doctors.Subsequently, appeals were filed in the Supreme Court in both the criminal and civil (consumer commission) cases.While the SC upheld the acquittal of the doctors in the criminal appeal, it decided in favour of Saha in the civil caseand sent the matter back to the commission for determination of compensation. The SC ruled Mukherjee, Haldar,Prasad, Chowdhury and AMRI were guilty of medical negligence leading to Anuradha's death. The commissionconsidered various factors, like compensation for mental agony, costs incurred in litigation and medical expenses,and concluded that the amount payable to Saha was Rs 1.73 crore, the highest ever claimed.

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