13

business law

Embed Size (px)

Citation preview

Page 1: business law
Page 2: business law

Section 2(1)(d)(ii) “Consumer”

means any person who hires or avails of

any services for a consideration which has

been paid or promised or partly paid and

partly promised or under any system of

deferred payment.

Page 3: business law

Consumers can not be asked to wait

for years for settlement of even small

claims. Hence, the Consumer Protection

Act, 1986 was enacted to better protect

the interest of the consumers. It is one of

the most progressive and comprehensive

pieces of legislation.

Page 4: business law

The Act provides for a separate

three-tier quasi-judicial consumer

dispute redressal machinery at the

National, State and District levels and

it intended to provide simple, speedy

and inexpensive redressal for

consumer’s grievances.

Page 5: business law

PREAMBLE:

“An Act to provide for better

protection of the interests of consumers

and for that purpose to make provision for

the establishment of consumer councils

and other authorities for the settlement of

consumers' disputes and for matters

connected therewith.”

Page 6: business law

Section 9. ESTABLISHMENT OF CONSUMER

DISPUTES REDRESSAL AGENCIES.

DISTRICT FORUM

STATE COMMISSION

NATIONAL COMMISSION

Page 7: business law

District Forum

State Commission

National Commission

Consumer dispute which is pending before/has been decided by any District Forum .

Complaints where the value of the goods or services and compensation, if any

Supreme court

Any person, aggrieved by an order made by the National Commission, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order

Page 8: business law

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Pecuniary Jurisdiction: Value of goods or services and compensation, if any, claimed < Rs 20lakhs [Section 11].

Composition: Its President shall be a person who is, has been, or is qualified to be a District Judge appointed by State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 10].

Term of office: For 5 years or up to age of 65 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 10(2)].

Page 9: business law

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

Pecuniary Jurisdiction: Value of goods or services and the compensation, if any, claimed > Rs 20 lakhs but < Rs 1crore [Section 17].

Composition: Its President shall be a person who is or has been a Judge of High Court appointed by the State Government. Two other members, one of whom shall be a woman, who shall be not less than thirty-five years of age, possess a bachelor’s degree from a recognized university and shall be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 16].

Term of office: For 5 years or up to age of 67 years whichever is earlier. A member shall be eligible or reappointment for another terms of five years within the specified age limit [Section 16(3)].

Circuit Benches: The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Government may in consultation with the State Commission notify from time to time [Section 17(B)].

Page 10: business law

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

Pecuniary Jurisdiction: Value of goods or services and the compensation, if any, claimed > Rs 1 crore [Section 21].

Composition: (a) Its President shall be a person who is or has been a Judge of Supreme Court appointed by the Central Government.

(b) Not less than 4 and not more than such number of members and at least one them shall be a woman, who shall have qualifications, namely:be not less than 35 years of age, possess a bachelor’s degree from a recognized university and be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economic, law, commerce, accountancy, industry, public affairs or administration [Section 20].

Term of office: Every member shall hold office for a term of 5 years or up to age of 70 years whichever is earlier. A member shall be eligible for reappointment for another terms of five years within the specified age limit [Section 20(3)].

Circuit Benches: The National Commission shall ordinarily function at New Delhi but may perform its functions at such other place as the Central Government may in consultation with the National Commission notify from time to time [Section 22C].

Page 11: business law

CONSUMER DISPUTES REDRESSAL COMMISSION

Pecuniary Jurisdictio

n

> RS 1crore

>Rs 20lakhs < Rs1crore

< Rs20lakhs

DISTRICTFORUM

STATECOMMISSIO

N

NATIONAL COMMISSION

even number except

president

Total members

Judge of Supreme

Court

Judge of High Court

District Judge

Composition

President

3 3

5 years or up to age

of 65 years

5 years or up to age

of 70 years

5 years orup to age of

67 years

Term of office

Eligible/reappoint

ment

For another terms of five years within the specified age limit

One member is reserved as a women

Page 12: business law

REFERENCES

• www.google.com

• www.wikipedia.com

• Texts and notes

Page 13: business law

Thank you

Have a fabulous day