CONSUMER PROTECTION
The Consumer
Protection Act, 1986 (68 of 1986) prescribes establishment of Consumer Disputes
Redressal Agencies. As per Section 9 of the said Act the State Government shall establish
by notification establish a Consumer Disputes Redressal Forum known as District Forum
for each District and a State Consumer disputes Redressal Commission known as State
Commission for the State. The Central Government shall establish a National
Consumer Disputes Redressal Commission. In view of the said Section the State
Government has established District Forums in each District and the State Commission in
the capital of the State. The Central Government has established the National Commission
at New Delhi.
The Act has been enacted
with a view to provide speedy and un-expensive remedy to consumers and is aimed to protect
the consumers from exploitation by traders and service providers.
SET-UP OF NATIONAL COMMISSION,
STATE COMMISSION AND DISTRICT FORUMS
The National Commission is headed by a President who shall be a
sitting or retired Judge of Supreme Court and shall consist of four other members one of
whom shall be a woman. The State Commission is headed by a President who shall be a
sitting or retired Judge of High Court and shall consist of two other members, one of whom
shall be a woman. Similarly, the District Forum shall consist of a President, who shall be
a sitting or retired District Judge or qualified to be a District Judge. The District
Forum also shall consist of two other members, one of whom shall be a woman.
QUALIFICATION OF MEMBERS
The Act has not prescribed any educational qualification for the
members but, the Act requires that the member should be person of ability, integrity and
standing and should have adequate knowledge or experience of or have shown capacity in
dealing with, problems relating to economics, law, commerce, accountancy, industry, public
affairs or administration.
TERMS OF OFFICE
The President and
other members of National Commission shall hold office for a term of five years or up to
the age of 70 years which ever is earlier whereas in State Commission the term of office
shall be five years or up
to the age of 67 years which ever is earlier. In District Forum also the term of President
and members shall be five year of up to age of 65 years which ever is earlier. Presidents
and members shall be eligible for reappointment for further five years or upto the age of
65 years whichever is earlier.
SELECTION OF MEMBERS
The appointment of
members of National Commission shall be made by the Central Government on recommendation
of Selection Committee consisting of-
- A person who is a Judge of Supreme Court
to be nominated by the Chief Justice of India- Chairman.
- Secretary in the department of legal
affairs in Government of India.
- Secretary of the Department dealing with
Consumer affairs in the Government of India Members.
The appointment of
members of State Commission and District Forum shall be made by the State Government on
the recommendation of a Selection Committee consisting of-
(i) President of State
Commission
-Chairman.
(ii) Secretary of Law
Department of
State.
-Member.
(iii) Secretary in charge
of department dealing with consumer affairs in the
State.
-Member.
The State Government vide
circular No. 5-10/94/29/2 dated 7.12.94 has constituted at District Level Committee
consisting of Collector as Convener, President, District Forum, Principal of Local Degree
College, Chairman of District Planning Board or Chairman of Zila Parishad as member for
recommending name of persons, who are eligible and may be considered by the Selection
Committee for appointment.
The Office of National
Commission is situated at Janpath Bhawan, 5th floor, A Wing (Old India Oil Building), New
Delhi. The Office of M.P. State Commission is situated at 76, Arera Hills, Bhopal.
At present there are 24
full time and 21 part time Forum in Madhya Pradesh. In part time Forum
the President of full time Forum holds link sittings in a week or in a forth night.
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