Discuss the 3 teer redressal mechanism provided under the Consumer Protection Act, 1986.
Discuss the 3 teer redressal mechanism provided under the Consumer Protection Act, 1986.
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The Consumer Protection Act, 1986 (amended in 2019), provides for three-tier redressal mechanisms to resolve consumer disputes efficiently and effectively. These mechanisms aim to provide consumers with accessible avenues for seeking redressal of grievances against unfair trade practices, defective goods, deficient services, or exploitation by sellers or service providers. The three-tier redressal system under the Consumer Protection Act includes:
District Consumer Disputes Redressal Forum (DCDRF):
The District Consumer Disputes Redressal Forum is the first level of adjudicating consumer disputes established at the district level. Key features of the DCDRF include:
Jurisdiction: The DCDRF has jurisdiction to entertain complaints where the value of goods or services, along with compensation claimed, does not exceed Rs. 1 crore.
Composition: The forum consists of a President who is or has been a District Judge and two members who are experts in the field of commerce, economics, law, or public administration.
Jurisdictional Limit: The DCDRF has territorial jurisdiction over disputes arising within the geographical limits of its district.
Powers: The DCDRF has the authority to hear and adjudicate consumer complaints, issue appropriate orders for compensation, refund, or replacement of goods/services, and award costs to parties.
Procedure: The procedure before the DCDRF is relatively informal and consumer-friendly, allowing consumers to represent themselves or seek assistance from advocates. The forum aims to provide speedy resolution of disputes within a specified time frame.
State Consumer Disputes Redressal Commission (SCDRC):
The State Consumer Disputes Redressal Commission is the second tier of the consumer dispute resolution mechanism established at the state level. Key features of the SCDRC include:
Jurisdiction: The SCDRC has jurisdiction to entertain appeals against the orders of DCDRFs and original complaints where the value of goods or services, along with compensation claimed, exceeds Rs. 1 crore but does not exceed Rs. 10 crores.
Composition: The commission is headed by a President who is or has been a High Court Judge and two members who are experts in relevant fields.
Jurisdictional Limit: The SCDRC has territorial jurisdiction over the entire state and hears appeals and complaints from multiple districts.
Powers: The SCDRC has appellate jurisdiction over the orders of DCDRFs and can adjudicate consumer disputes involving higher value claims and complex issues.
Procedure: The procedure before the SCDRC is more formal than the DCDRF and follows the principles of natural justice. The commission has powers to summon witnesses, order production of documents, and make binding decisions on consumer disputes.
National Consumer Disputes Redressal Commission (NCDRC):
The National Consumer Disputes Redressal Commission is the apex body for consumer dispute resolution established at the national level. Key features of the NCDRC include:
Jurisdiction: The NCDRC has jurisdiction to entertain appeals against the orders of SCDRCs and original complaints where the value of goods or services, along with compensation claimed, exceeds Rs. 10 crores.
Composition: The commission is headed by a President who is or has been a Supreme Court Judge and four members who are experts in relevant fields.
Jurisdictional Limit: The NCDRC has territorial jurisdiction over the entire country and hears appeals and complaints from multiple states.
Powers: The NCDRC has appellate jurisdiction over the orders of SCDRCs and can adjudicate consumer disputes involving significant value claims, complex issues, or matters of national importance.
Procedure: The procedure before the NCDRC is formal and follows established legal principles. The commission has extensive powers to ensure fair and impartial resolution of consumer disputes at the national level.
Overall, the three-tier redressal mechanism under the Consumer Protection Act provides consumers with accessible, efficient, and specialized forums to seek redressal of grievances against unfair trade practices or deficiencies in goods and services. These consumer forums play a crucial role in protecting consumer rights, promoting accountability among sellers/service providers, and enhancing consumer confidence in the marketplace. Consumers are encouraged to utilize these redressal mechanisms to assert their rights and seek appropriate remedies for consumer disputes.