Tuesday, February 19, 2013

Consumer Awareness: (Legal)

Legal:

Overview: The economic progress, Industrial growth and the accompanying developments in the international trade and commerce has resulted in a vast expansion of businesses all around. A huge variety of consumer goods and services have started appearing in the markets to cater to the ever increasing demand from consumers for not only products, but also services like insurance, transport, electricity, housing entertainment, finance, banking etc. Legal issues come into play in some form or the other in each and every sector whether it be real estate .medical, weights and measures, products etc. 

Most of the legal cases referred to NCH relate to the provisions under the Consumer Protection Act and the referral of cases to the district forums, state and national commission. To provide speedy and simple redressal to consumer disputes ,Quasi Judicial machinery was set up at District, State and National Levels, These QJBs observe the principle of natural Justice and have been empowered to give relief and to award, where appropriate compensation to consumers. Penalties for non compliance of the orders of QJB have also been provided 

Consumer Disputes Redressal Agencies in India 

• The Consumer Forums is quasi judicial machinery set up, all over India, 
• At Distt level---621 forums (limitation up to 20 lakh) 
• At State level—35 State Commission (limitation up to one crore) and
• At National level—The National Commission, (above one crore) 

Limitation period under CPA: 

The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. 

Provided:-  A complaint may be entertained after two years, if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.

Time frame for Consumer Disputes Redressal Agencies

Every complaint shall be heard as expeditiously as possible and endeavor shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:

Provided that no adjournment shall be ordinarily granted by the quasi-judicial system unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the QJS

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