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Assam State Consumer Disputes Redressal Commission

From EverybodyWiki Bios & Wiki


Assam State Consumer Disputes Redressal Commission
Established1986
LocationAssam State Consumer Disputes Redressal Commission,4QPQ+MXC, Banphool Nagar, Rani Bagan, Guwahati, Assam 781038.
Judge term length3 years from the date of entering office or up to 65 years of age (whichever is earlier)
President, Assam State Consumer Disputes Redressal Commission

Assam State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Assam under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.

History and objective[edit]

Assam State Consumer Disputes Redressal Commission was formed to promote and protect the rights of consumers as per the Consumer Protection Act 1986.[1][2][3][4]

Composition[edit]

Following shall be the composition of Assam State Consumer Disputes Redressal Commission:[5][6]

1. President[7] and

2. Not less than two members and not more than that presribed in State Act.

President will be appointed by state Government in consultation with the Chief Justice of state High Court. The eligibility for president is that he should be serving or served as Judge in any High Court. Members should be of 1. Not less than 35 years of age and 2. recognised university bachelor degree 3. With good ability,integrity and standing and with proficient experience of 10 years and expertise knowledge in subjects of accountancy,law,commerce,economics,industry,administration and public affairs and problem solving ability in same.

Also not more than fifty percent of members of committee should be from judicial background.

Levels and jurisdiction[edit]

Assam State Consumer Disputes Redressal Commission was formed for promoting and protecting the rights of consumers through three levels with the below mentioned jurisdiction:[8][9][10][11]

  • District Commission (earlier referred to as District Forum) can accept complaints from consumer if the value of goods or services is up to ₹1 crore (Earlier limit was ₹20 lakh).[12][13]
  • State Commission can accept complaints from consumer if the value of goods or services is more than ₹1 crore but less than ₹10 crores ( earlier limit was between ₹20 lakh and ₹1 crore).
  • National Commission can accept complaints from consumer if the value of goods or services is more than 10 crores.

Procedure to file complaints[edit]

Assam State Consumer Disputes Redressal Commission laid down below process of filing and resolving complaints:[14][15][16]

  • Complaints can be filed electronically and examination of disputing parties is done through video-conferencing which includes hearing and/or examination through any other mode.
  • Complaints to be resolved as early as possible. Time period for resolving dispute in case the complaint does not require analysis and testing of product quality is 3 months from the date of receipt of notice by the opposite party. However if the complaint requires analysis or testing of product quality the time limit for resolving dispute is within 5 months.
  • Complaints can be filed using E-Daakhil Portal which is hassle free, speedy and economical facility and made for convenient of consumers to approach the respective consumer forum. It also avoid the need of consumers to travel and be available physically in the commission.
  • E-Daakhil Portal had been incorporated features like sending e-notice, downloading case document link, providing link for Video call hearing, filing of response in writing by opposite party, rejoinder filing by the person complaining and sending sms and e-mail alerts.
  • Currently 43,000 users have registered on the E-Daakhil Portal with around 10,000 cases being filed.

Penalties and imprisonment[edit]

  • Manufacturers and Service providers are made punishable as a criminal offence for giving misleading information or for wrong advertisement of product.
  • Punishment may include fine of Rs 10 lakhs or imprisonment for 2 years or both.

Investigative agency[edit]

  • Violation of consumer rights or unfair trade practices is investigated by the Investigation wing headed by Director-General level position in Central Consumer Protection Authority (CCPA).

Important terms[edit]

Following are the important terms in Assam State Consumer Disputes Redressal Commission:[17][18][19]

  • As per the act "Goods" means anything purchased by consumers either in retail or wholesale from retailers or wholesalers. They can either be produced or manufactured.
  • As per the act consumer means " any person who buys any goods or hires or avails any services for a consideration which has already been paid or promised or partly paid and partly promised or under any system of deferred payment".
  • Person includes anyone buying goods, either through online system or direct or offline, by way of teleshopping, or through mode of electronic includes direct selling or in a multi-level marketing.
  • Consumer does not include person buying or availing goods or services for resale or for any other commercial purpose.

Challenges[edit]

  • The district, state and national level commissions face challenges of understaffing or non fulfillment of vacancies in time[20].[21][4][22]
  • The report prepared by senior advocate on the directions of Supreme Court of India found out many shortcomings in the offices of district and state consumer redressal bodies in many states of India. These include absence of storage rooms for case files, lack of member chambers for convenience of members hearing complaints, non availability of court rooms and washrooms in selective cases.[3]

Related articles[edit]

References[edit]

  1. ↑ "Consumer Protection Act, 2019: Meaning and Key Features". Jagranjosh. 23 July 2020. Retrieved 29 January 2022.
  2. ↑ "Consumer commission vacancies: SC warns of imposing exemplary costs on state govts for non-compliance | India News - Times of India". The Times of India. 10 November 2021. Retrieved 28 January 2022.
  3. ↑ 3.0 3.1 "No chambers or even staff washrooms — bleak state of India's consumer courts reaches SC". ThePrint. 14 December 2021. Retrieved 27 January 2022.
  4. ↑ 4.0 4.1 "Consumer cases in district levels drop 26% in 2020". thehindubusinessline.com. 8 December 2021. Retrieved 27 January 2022.
  5. ↑ "The Role Of Consumer Dispute Redressal Agencies - Academike". lawctopus.com. 14 February 2015. Retrieved 27 January 2022.
  6. ↑ "Consumer Protection Act and Medical Profession - Consumer Disputes Redressal Agencies". medindia.net. Retrieved 27 January 2022.
  7. ↑ Malhotra, Manav (6 November 2021). "Member & President Vacancy At District Consumer Disputes Redressal Commission, Assam". livelaw.in. Retrieved 7 March 2022.
  8. ↑ "Government notifies new rules for consumer commissions; national body's jurisdiction enhanced". The Economic Times. 30 December 2021. Retrieved 27 January 2022.
  9. ↑ "District Consumer Forum is now District Commission; will hear cases of value up to ₹1 crore". Hindustan Times. 16 September 2020. Retrieved 27 January 2022.
  10. ↑ "NCDRC's ambit widened for faster disposal of plaints | India News - Times of India". The Times of India. 31 December 2021. Retrieved 27 January 2022.
  11. ↑ "Central govt notifies new rules for enhancing consumer protection". Business Standard India. 31 December 2021. Retrieved 27 January 2022.
  12. ↑ "Consumer court directs Tata Motors to pay compensation | The Arunachal Times". arunachaltimes.in. 13 March 2021. Retrieved 7 March 2022.
  13. ↑ "Guwahatians fed up with online shopping sites, approach consumer court". guwahatiplus.com. 24 July 2018. Retrieved 7 March 2022.
  14. ↑ "New rules for consumer commissions: Government issues notification - All you need to know". Zee Business. 30 December 2021. Retrieved 27 January 2022.
  15. ↑ "The State Commission, Under Consumer Protection Act". legalserviceindia.com. Retrieved 27 January 2022.
  16. ↑ "Be it defective saree or tawa, consumers getting speedy justice via e-Daakhil: CCPA". The Economic Times. 26 November 2021. Retrieved 28 January 2022.
  17. ↑ "Changes in India's Consumer Protection Act 2019". Lawyer Monthly | Legal News Magazine. 31 January 2020. Retrieved 27 January 2022.
  18. ↑ "State Commission Under Consumer Protection Act - Composition and Powers | Law column". lawcolumn.in. 20 June 2021. Retrieved 27 January 2022.
  19. ↑ "National Consumer Disputes Redressal Commission - NCDRC". legalserviceindia.com. Retrieved 29 January 2022.
  20. ↑ "Vacant posts in District Consumer Disputes Redressal Forum across Assam irks officials - Sentinelassam". sentinelassam.com. 25 November 2019. Retrieved 7 March 2022.
  21. ↑ "4 of 28 state consumer bodies at full strength, SC told, court says 'completely unacceptable'". ThePrint. 16 August 2021. Retrieved 27 January 2022.
  22. ↑ "(PDF) THREE TIER MECHANISM OF CONSUMER DISPUTES REDRESSAL IN INDIA WITH SPECIAL REFERENCE TO THEIR FUNCTIONING". ResearchGate. 4 (4). 2017. Retrieved 31 January 2022.

External links[edit]


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