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National Consumer Dispute Redressal Commission

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 23-Jan-2024

Introduction

  • The National Consumer Disputes Redressal Commission (NCDRC) in India, established in 1988 under the Consumer Protection Act, 1986, operates as a quasi-judicial body with its headquarters in New Delhi.
  • Led by Hon'ble Mr. Justice Amreshwar Pratap Sahi, a former Chief Justice of Patna and Madras High Courts, the Commission's jurisdiction, as outlined in Section 21 of the Consumer Protection Act, 1986, includes handling complaints valued over two crores and exercising Appellate and Revisional jurisdiction over State Commissions or District fora orders.
  • According to Section 23, individuals dissatisfied with NCDRC decisions can file an appeal in the Supreme Court of India within 30 days.
  • It currently works according to the provisions of the Consumer Protection Act, 2019.

What is the History of National Consumer Disputes Redressal Commission (NCDRC)?

  • The need for a specialized body to address consumer grievances arose from the recognition that consumers often found themselves at a disadvantage in disputes with powerful corporations.
  • Before the establishment of the NCDRC, consumer forums operated at the district, state, and national levels. However, there was a lack of uniformity and efficiency in the resolution process.
  • The Consumer Protection Act, 1986, marked a significant milestone by creating a comprehensive legal framework for safeguarding consumer rights.
  • The NCDRC was subsequently established in 1988 as the apex body to hear appeals against decisions of state and district forums, ensuring consistency and efficacy in consumer dispute resolution.

What is the Jurisdiction of National Consumer Disputes Redressal Commission (NCDRC)?

  • Appellate Jurisdiction:
    • The NCDRC has appellate jurisdiction over decisions passed by State Consumer Dispute Redressal Commissions and District Consumer Dispute Redressal Forums.
    • It serves as the highest appellate authority for consumers seeking redressal at the national level.
    • The Commission can entertain appeals against orders where the value of the dispute exceeds Rs. 2 crores, adding an important dimension to its role.
  • Unfair Trade Practices:
    • One of the key features of the NCDRC is its jurisdiction over matters involving unfair trade practices and restrictive trade practices affecting consumers.
    • This empowers the Commission to address complex issues related to the violation of consumer rights by businesses and service providers.
  • Class Action Suits:
    • The NCDRC also has the authority to entertain class action suits, allowing consumers with similar grievances to come together and file a joint complaint.
    • This provision enhances the collective strength of consumers against powerful entities and encourages the resolution of widespread issues affecting a large group of individuals.
  • Quasi-Judicial Powers:
    • The Commission possesses quasi-judicial powers and follows a legal process similar to that of a court.
    • It can summon witnesses, receive evidence, and pass orders to provide effective redressal to aggrieved consumers.
  • Administrative Powers:
    • It has powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases.
    • The National Commission is empowered to issue instructions regarding:
      • adoption of uniform procedure in the hearing of the matters,
      • prior service of copies of documents produced by one party to the opposite parties,
      • speedy grant of copies of documents, &
      • generally overseeing the functioning of the State Commissions and the District Commissions to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.

How is the Establishment and Current Status of National Consumer Disputes Redressal Commission (NCDRC)?

  • Establishment of Consumer Protection Councils:
    • Mandate for Consumer Protection Councils at the Centre, State, and District levels.
    • Aim to enhance consumer awareness.
  • Leadership Structure of Consumer Protection Councils:
    • Central Council headed by the Minister In-charge of the Department of Consumer Affairs.
    • State Councils led by the Minister In-charge of Consumer Affairs in State Governments.
  • 3-Tier Structure for Dispute Resolution:
    • Implementation of a 3-tier structure: National Commission, State Commissions, and District Commissions.
    • Intended for the swift resolution of consumer disputes.
  • Current Status of Consumer Disputes Redressal Commissions:
    • Existence of 678 District Commissions and 35 State Commissions.
    • The National Consumer Disputes Redressal Commission (NCDRC) serves as the apex level for dispute resolution.