14.
Explanation
The Consumer Protection Act, 2019 in India established a redressal machinery to address consumer complaints and protect consumer rights more effectively. Here’s a brief overview of the redressal machinery under the Consumer Protection Act, 2019:
1. Consumer Disputes Redressal Commission:
A. District Commission
A district commission includes a president (who can be a working or retired judge of the District Court) and two other members. They are appointed by the state government. One can file a complaint for goods and services of ₹1 crore or less in this agency. For the complaints filed, if the district commission feels a requirement, it sends the goods to the laboratory for testing and gives its decision based on the laboratory report and facts.
If the aggrieved party is not happy with the jurisdiction of the district commission, then they can appeal against the judgment of this agency in the State Commission within 45 days.
B. State Commission
A state commission includes a president (who must be a working or retired judge of the High Court) and at least two other members. They are appointed by the state government. One can file a complaint of goods and services worth less than ₹10 crores and more than ₹1 crore in this
agency. After receiving a complaint from the aggrieved party, the state commission contacts the party against whom the complaint has been filed. Also, for the complaints filed, if the state commission feels a requirement, it sends the goods to the laboratory for testing.
If the aggrieved party is not happy with the jurisdiction of the state commission, then they can appeal against the judgment of this agency in the National Commission within 30 days by depositing 50% of the fine money.
C. National Commission
A national commission includes a president and four other members one of whom shall be a woman, and Central Government appoints them. One can file a complaint of goods and services worth more than ₹10 crores in this agency. After receiving a complaint from the aggrieved party, the national commission informs the party against whom the complaint has been filed. Also, for the complaints filed, if the state commission feels a requirement, it sends the goods to the laboratory for testing, and then gives judgement based on the reports.
If the aggrieved party is not happy with the jurisdiction of the national commission, then they can appeal against the judgment of this agency in the Supreme Court within 30 days by depositing 50% of the fine money
2. Consumer Complaints:
- Consumers can file complaints with the appropriate Commission based on the value of the goods or services and compensation sought.
- Complaints can be filed by consumers, their legal heirs, or their authorized representatives.
- Complaints can be related to defective goods, deficient services, unfair trade practices, or any other violation of consumer rights.
3. Online Filing:
- The Act allows for online filing of consumer complaints, making it more convenient for consumers to seek redressal.
4. Jurisdiction and Powers:
- The Commissions have jurisdiction to hear cases within their respective monetary limits.
- They have the powers of a civil court, including the ability to summon witnesses, order the production of documents, and conduct investigations.
6. Mediation : The Act promotes mediation as a form of alternative dispute resolution to settle disputes amicably, and the Commissions can refer cases for mediation with the consent of the parties.
7. Speedy Disposal : The Act emphasizes the speedy disposal of cases, with a maximum timeline of 150 days for the disposal of cases at the district level and 90 days at the state and national levels.
8. Appeals:
- Consumers or the opposite party (the party against whom the complaint was filed) can appeal to the State Consumer Disputes Redressal Commission against the orders of the District Commission.
- Similarly, appeals can be filed with the National Commission against the orders of the State Commission.
- The Act allows for further appeals to the Supreme Court of India on points of law.
9. Consumer Protection Councils:
- The Act establishes Consumer Protection Councils at the district, state, and national levels to promote and protect the rights of consumers.
- These councils play an advisory role in consumer protection matters.
10. Consumer Advocates :
- The Act allows consumers to be represented by consumer advocates in proceedings before the Commissions.
The three-tier grievances machinery set up by the Consumer Protection Act 2019 to redress consumer grievances is known as Redressal Agencies. The three agencies are District Commission, State Commission, and National Commission.
According to the Consumer Protection Act 2019, a Consumer is a person who buys any goods or avails any services for a consideration, which has been paid or promised to pay or partly paid or partly promised or under any scheme of deferred payment. A consumer also includes a person "who is using the goods or beneficiary of service with the approval of the buyer and applies to both online and offline transactions through electronic means of teleshopping or direct selling or multilevel marketing."
Conclusion : The Consumer Protection Act, 2019, aims to provide consumers with an efficient and accessible mechanism for redressal of grievances and enforcement of their rights. It also emphasizes the importance of consumer awareness and protection. Consumers can seek redressal and compensation for violations of their rights through this redressal machinery.