lusiness Lae 4 7 interests ag | 2 Chairman vess as may % 3 sal Council a6; a — the Central CONSUMES DISPUTES RD RESSAL AGENCIES efmacion ~~ In order to carry out the purposes and objects of the Act, the following agencies are established and protect as Consumer Disputes Redressal Agencies: ae 1, District Forum af the goods Consumer Disputes Redressal Forum known as the ‘District Forum’ is established by the ei ina State Government in cach District of the State [Sec. 2h) & Sec. 9 (a)]. The State Government may, if it deems fit establish more than one District Forum in a district. 2, State Commission, ‘A Consumer Disputes Redressal Commission known as the ‘State Commission’ is established _ by the State Government in the State [See. 2 (p) & Sec. 9 (b)]. 3. National Commission» ‘A National Consumer Disputes Redressal Commission known as ‘National Commission’ is established by the Central Government [Sec.2 (k) & Sec. 9 (c)]. The office of the National Commission shall be located in the Union Territory of Delhi (Rule 5} ‘A three tier system of Consumer Disputes Redyessal Agencies in the Districts, States and the Centre is envisaged by section 9 of the Act. The District Forum is at the base level. Next in higrarchy is State Commission, Both District Forums and State Commission are constituted in, each State. At National or Central level and at the top of heirarchy is National Commission. The object of setting up these Forums is to provide inexpensive litigation without much of legal technicalities and formalities: ‘ ‘The functions of the Commissions are quasi judi Cour, strictly speaking it is not a Civil Court Final appeal rom orders of National Commission lies to Supreme Court. Extent of jurisdiction of Consumer Forums: Consumer may avail of other remedies under any other law. The provisions of the Consumer Protection Act are supplementary in nature and not in derogation of other laws (See. 3). However, if the matter is subjudice before any other © Court under any other law, the Consumer Forum shall noc exercise jurisdiction over such complaints the objects in nature, Though it has powers of ci seatwstness Law \ fl Machin’ Punjab Nation 1994 1 CPY 78 (NC)I, Similarty, ifthe hiedy is bared under any other Act the Consun ns under the Act hive ua jurisdiction rey Post M. jenerat GPO, wos Oe 0, Shankar Ray 1994 4 CPE Lay NCL Complaint before Consumer Forum against Depactinent of Telecommunication recording series Specs aLt telephone bills and subsequent disc onmectign is not maine Telegraph SD) ae ghtt Ht overFides the general law [Depuurtnent of Felecommuniariar « M. Krishnan (2009) 8 SCC 481] 1 se Dyeing hay situted after the filing the complaint, the complaint should fi | Wa Wl Boeing Industries v. Rajasthan Financis’ Cesporation 1991 (2) CP) 34} (Raj.)), Similarly, Rave the Complaint is also subject matter of a ease in a Criminal Court the Consumer Forum will no! entertain the compluint as it is not open to Commission to hold inquiry into the facts of such a complaint. Where the complainant had already approached the MRTTP Commission in regard to the subject Cater Of the complaint and had failed there, itis not open to him to fle the complaint under the Consumer Protection Act (Rakesh Mangal v. M/s, Pioia Industries 1993 1 Cy 228 SC]. Therefore, iT the remedy has been once exhausted, no further remedy on the same eacr of action before aoe scange forum or under any other law is available. Consumer Disputes Koumes have jurisdiction wie ie Gisputes involving excess billing on telephone even though such disputes are covered guide! ssetion 78 of the Indian Telegraph Act, 1885 (Dist Manager Telephones, Patna v. Br. Rain Bharthwar & Anr, 1992 1 CPI 147 NC; Union of India». De B.S Sidhu 1992 1 CPS 208 NCI “The mere fact thatthe default or deficiency of service may also amount to a breach of contract under the general law will not in any ction of the forums set up under the Consumer P he Act are meant to be in addition to Where complex re of questions of fact and law arise for determination, itis aot possible for the Commission to satisfactorily decide the issue as the Proceedings before the Forums are more or less summary in nature [M/s. Special Machines, Kamat s Punjab National Bank 1991 1 CPI 78 NC; Shakun Overseas Lid, . Co. Ltd. 1992 1 CPJ 144 NC}, Consumer ‘cise of discretion to refer the complaint € quality of clim, nature of claim, nature suffered and nature of legal issues, to be (2004) 13 SCC 656]. A Consumer Forum Acts applicable to the Act and therefore 'd IN.K. Modi v, Fair Air Engineers Pvt ‘ums are severely limited (Kongaig Ananih Mahabub Nagar 1992 1 CP} 247 NC}. Proceedings before the National Commission ace although judic proceedings, yet at the the Wappings of eee cou" within the meaning of Code of Civil Procedure. tr may have alll ihe (appings of a civil cout yet it eannot be called a civil court [Malay Kumar Ganguly v. Dr. Sukumar Mukherjee (2009) 9 SCC 221} ralarly, ifthe iurisdiction LPs Lay 2 recording 5 Telegraph, 4. Krishuan veers Pvt. 'g Ananth vet at the, have all tly v. Dr: si pcalnemnta le a ree Law putes Redvessal Aven onsumer Protection Act has aot conferred any power Redressal Forums consituied the Act to pass imerim ordeis by way of injunction eic., pediny original proceedings instituted the Forum (Dist. Manager, Lelephones & Ors v. M/s Muntial Beij Mohan 19935 Cis Supreme Court has held in Bhubaneshwar Development Authority v. Susanta Kaur Mishra (2009) 4 SCC 684, that any fora under the Act, before granting any relief to complainant, relates to any of she matters specified ia See.2(I(e) and that the complainant has alleged sind made ont ws fuir oF restrictive trade practic by a trader or defects in the goods sold, or any defici“ncy ina service rendered, or charging of excessive price for the goods sold, or offering of any good’ E hazutdous to life and safety without displaying information regarding contents eic. {f none of these is alleged and made out, the complaint merits to be rejected E Limitation Period ‘The complaint before the District Forum, State Commission or the National Commission shall be filed within two years from the date on which the cause of action has arisen. The term “cause of action” is of wide import and has different meanings in different contexts, i.c., the context of territorial jurisdiction or limitation or the accrual of rights to sue. It refers to all circumstances or bundle of facts which if proved or admitted entitle the complainant to the relief prayed for [Transport Corporation of India Ltd. v. Veljan Hydrair Ltd. (2007) 3 SCC 142] However, a complaint may be entertained after two years, if the complainant satisfies the District Forum, the State Commission or the National Cormission, as the case may be, that he had sufficient cause for not filing the complaint within such period, The District Forum, State ‘Commission or National Commission shall record the reasons for condoning the delay [Sec. 24A]. DISTRICT FORUM [Secs.10 to 14] Composition: (Sec. 10) Each State Government shall establish in each district a Consumer Redressal Forum, known as a District Forum. Each District Forum shall consist of - (i) President: ‘A person who is, or has been, or is qualified to be a District Judge shall be a Piesidenit of District Forum. Gi) Member: A District Forem shall have two other members who shall have the following qualifications, namely: (a), be not Jess tian thirty five years of age, (b). possess,a, bachelor’s degree from a-recognised university, (©) be persons of ability, integrity and standing and have adequate knowledge and experience of atleast tent years in dealing with problems relating to economic, law, commerce, accountancy, industry,, public affairs or administration. One of the two members shall be a woman, Eyery appointment shall be made by the State Government on the recommendation of a Selection Committee consisting-of the following namely: \ (i) The President of the State:Commission — Chairman; (ii) Secretary: Latw Depittment of the State —~ Member; (iii) Secretary in charge of the department deating with consumer affairs in the State - Member.