Laxmikant Summary: Consumer Commissions | Indian Polity for UPSC CSE PDF Download

1. Declaration of Unfair Terms: The National Commission can declare any terms in a contract unfair to a consumer as null and void.
2. Review of Orders: The National Commission has the power to review its own orders if there is a clear error on the record. This review can happen either on its own or if a party applies within 30 days of the order. 
3. Setting Aside Ex-parte Orders: If an order is passed by the National Commission without hearing one party (ex-parte), the aggrieved party can apply to set aside such an order.
4. Transfer of Complaints:
   • The National Commission can transfer a complaint from one state's District Commission to another or from one State Commission to another. This can be done either based on the complainant's request or at the Commission's initiative.
   • An appeal against the National Commission's order can be made to the Supreme Court within 30 days. However, the Supreme Court may consider an appeal filed after 30 days if it finds there was a good reason for the delay.

Administrative Control of National Commission

1. Performance Monitoring: The National Commission oversees how well the State Commissions handle cases. This involves regularly checking reports on the number of cases filed, resolved, and still pending.
2. Investigating Allegations: If there are any complaints or accusations against the President and members of a State Commission, the National Commission is responsible for looking into these claims. It then submits reports on its findings to the concerned state government.
3. Issuing Instructions: The National Commission can give directions on various matters such as:
   • Making sure there are consistent procedures when hearing cases.
   • Ensuring that copies of documents presented by one party are shared with the other party beforehand.
   • Requiring English translations of judgments written in languages other than English.
   • Speeding up the process of providing copies of documents.
4. Supervising State and District Commissions: The National Commission keeps an eye on how both State Commissions and District Commissions operate. This can involve inspections or other methods to make sure that the goals of the Consumer Protection Act are achieved, all without compromising their quasi-judicial independence.

State Consumer Disputes Redressal Commission

Each State Commission has a President and several members as decided by the central government, not less than four.

1. Central Government Rules: The central government can create rules regard:
   • Qualifications needed for the appointment.
   • Recruitment process.
   • Procedure for appointment.
   • Term of office.
   • Resignation and removal of the President and members of the State Commission.
2. State Government Rules: The state government can create rules for:
   • Salaries and allowances.
   • Other terms and conditions of service for the President and members of the State Commission.

Composition

Each District Commission is made up of a President and a number of members, not less than two, as determined in consultation with the central government.

1. Central Government Rules: The central government can create rules concerning:
   • Qualifications required for appointment.
   • Recruitment process.
   • Procedure for appointment.
   • Term of office.
   • Resignation and removal of the President and members of the District Commission.
2. State Government Rules: The state government is empowered to establish rules for:
   • Salaries and allowances.
   • Other terms and conditions of service for the President and members of the District Commission.
3. Vacancy in Office: If there's a vacancy in the office of the President or a member of a District Commission, the state government can:
   • Direct another specified District Commission to handle jurisdiction for that district.
   • Appoint the President or a member from another specified District Commission to perform the duties of the vacant position in the District Commission.

Jurisdiction

1. District Commission Jurisdiction: The District Commission can handle complaints where the value of the goods or services paid as consideration does not exceed rupees one crore. The central government may set different values; in 2021, this limit was reduced to up to rupees fifty lakhs.
2. Functioning Location: The District Commission usually operates from the district headquarters. However, it may also carry out its functions at other places within the district, as decided by the state government in consultation with the State Commission.
3. Review of Orders: The District Commission has the power to review any of its orders if there is an obvious error on the record. This review can be initiated by the Commission itself or through an application made by any party within 30 days of the order.

Question for Laxmikant Summary: Consumer Commissions

Try yourself:

What is one of the responsibilities of the National Commission in monitoring the State Commissions?

• A.

  Conducting inspections of State Commissions.
• B.

  Filing cases against the State Commissions.
• C.

  Providing English translations of judgments.
• D.

  Resolving complaints against the State Commissions.

Explanation

- The National Commission is responsible for supervising the operations of both State Commissions and District Commissions.
- This supervision can involve inspections or other methods to ensure the goals of the Consumer Protection Act are achieved.
- By conducting inspections, the National Commission can monitor how well the State Commissions are handling cases and fulfilling their duties.
- This helps in maintaining the effectiveness and efficiency of the State Commissions and ensures that they are meeting the requirements set by the National Commission.

Report a problem

Cancel Report

View Solution