State Commission under the Consumer Protection Act
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The author of this blog is Sunny Kumar, 1st year BA LLB(H) STUDENT OF Lloyd Law College.
Introduction
After independence, the market condition of the Indian market is not good as now because at that time market was controlled by the sellers, and the forces of demand and supply were very high only those gods were produced which sellers want to produce but as now market work according to buyers or consumers. At that time Indian consumer has bought what sellers want to sell no matter what is the quality of the product and even consumers don`t have the option or any type so protection. The Indian industry and trade don`t even care of their consumer and ignores the after selling service and the very promise of repair and replacement consumer were helpless at that time because at a time our law was very complex and it is very costly and time-consuming to hire an advocate and plead a case in the court.
The requirement of the Consumer protection the act felt necessary when the Indian market started to grow and then the government brings the law in favor of the consumer so the sellers cannot exploit the consumers in the near future. And finally, in 1986 the consumer protection act was passed to protect the interest of the Indian consumer and for this purpose consumer council and authorities were established for the settlement of the consumer’s disputes.
The main objective of this act was to protect the consumer and to establish a better mechanism that is the consumer council to solve the disputes of consumers. And to solve the dispute at the various levels various commission were established such as the National Commission, State Commission, and district commission.
State commission
It is a consumer dispute redressal commission which is established by the state government for consumer welfare. It has three members including the president who is or has been the judge of a High Court and he will be appointed by the state government, and other to members, one of them will be women. Each state commission shall have jurisdiction to accept the complaint where the value of the goods or services compensated. If a claim is more than Rs. 20 lakh but if it is less than 1 crore then he can appeal directly to the State Commission. It comes under section 16 of the Consumer protection act.
Appeal to State Commission
As I have been already talked about how to direct appeal in state commission in the above paragraph If a claim is more than Rs. 20 lakh but if it is less than 1 crore then he can appeal directly to the State Commission. It comes under section 16 of the Consumer protection act. But there is one more method to go to state commission and that if any person aggrieved by the order given by the District Forum may prefer an appeal against such order to the State Commission within thirty days from the date of the order, such form, and manner may be prescribed:
State commission may entertain an appeal after the expiry of the said period of 30 days if he can find out proper excuse for the delayed complaint.
If the complainant is unsatisfied with the the order which is given by the District Commission they can appeal against that order in the state commission within the 30 days after the order, for this, I have pay 25000 or the 50% of the claimed amount whichever is low to the state commission[1].
Composition of the state commission
According to the Consumer Protection Act, each state commission shall consist of three members:
- First, one will the President, who is or has been the judge of a High Court and he will be appointed by the state government:
According to CPA, 1986, the appointment of President Takes place only after the consultation with the Chief justice of the High Court
And the member of the State commission must me not less than two and not more than that, and one of them will be women.[2]
Qualification and the other Requirements of the members:
- Every member at least thirty-five years of the age;
- They should possess a bachelor`s degree from a recognized university;
- Have the ability, integrity, and standing to deal with problems related to economics, law, commerce, accounting, industry, public affairs or administration, and have at least ten years of sufficient knowledge and experience [3].
Disqualification of the members
Members of state commission can be disqualified on the following basis
- Has been convicted for the offense of moral turpitude.
- If the person will become insolvent.
- If a person becomes unsound mind
- If any person is removed from any organization controlled by the government then he can`t become the member.
- If a person has some financial or other interest in the opinion of state commission then he cannot become a member.
Jurisdiction of the State Commissions
According to the CPA, 1986, Pecuniary jurisdiction.
Subject to other provisions of this Act, the State Commission shall have jurisdiction-
A complaint that is entertained by the State Commission.
- If a claim is more than Rs. 20 lakh but if it is less than 1 crore then he can appeal directly to the State Commission.
- If any person aggrieved by the order given by the District Forum may prefer an appeal against it.
To call for the record and to pass an appropriate order in any consumer dispute already pending or by any district forum within the state where it appears to the State Commission that such district forum exercised a jurisdiction Which is not implied by law or has failed to exercise jurisdiction, therefore vested or illegally or with material irregularity Worked in field exercises[4].
According to subsection 2 of this section if both of the party live in the same jurisdiction then the dispute will go to the same state commission of that jurisdiction. And if one of the party lives outside of that jurisdiction but running some sort of business in that jurisdiction then one of the party has to accept one jurisdiction for the continues for disputes suits.[5]
Transfer of the Cases
According to Section 17A. The State commission or the application of the complainant or of its motion, at any stage of proceeding can transfer the case from one district forum to another district forum within the state for the interest of justice required[6].
Circuit Benches
According to section 17B. The state commission can work any were within the state after the state government consulted with the state commission, and then after the notification in Official Gazette of India. State Commission usually performs its function in the capital of the state[7].
The procedure applies to the state commission.
According to Section 18. The provisions of Sections 12, 13, and 14 and the rules made by the District Forum for the disposal of grievances, with such amendments as are necessary, are applicable for the settlement of disputes by the State Commission.[8]
Conclusion
Consumer protection legislation is designed to ensure fair competition and free flow of true information in marketplaces. The Scope of the consumer protection act is widening the society which is pro to globalization, Industrialization, and privatization. So the legislature has taken all possible steps by making timely amendments to the act to protect the consumer for various types of an emerging problem. As the consumer protection act came into existence for the protection of the consumer.
[1] Consumer Protection Act, 1986, S-15
[2] Consumer Protection Act, 1986, S- 16(a)
[3] Consumer Protection Act, 1986, S- 16(b)
[4] Consumer Protection Act, 1986, S-17(1)
[5] Consumer Protection Act, 1986, S-17(2)
[6] Consumer Protection Act, 1986, S-17A
[7] Consumer Protection Act, 1986, S-17B
[8] Consumer Protection Act, 1986, S-18
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