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Consumer Forum

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International Journal of Engineering Science Invention (IJESI)

ISSN (Online): 2319 – 6734, ISSN (Print): 2319 – 6726


www.ijesi.org ||Volume 8 Issue 06 Series. I || June 2019 || PP 01-08

Consumer Disputes and Consumer Redressal Forums in


India
Dr. Shammi Minhas
Assistant Professor Department of Commerce M.B.B.G.R.G.C.Girls College Mansowal, Hoshiarpur
(Punjab) India.

Abstract: Consumer Court is the special purpose court, mainly in India that deals with cases regarding
consumer disputes and grievances. These are judiciary set ups by the government to protect the consumer
rights. Its main function is to maintain the fair practices by the sellers towards consumers. Consumers can file a
case against a seller if they are harassed or exploited by sellers. The court will only give a verdict in favour of
the consumers/customers if they have proof of exploitation, i.e., bills or other documents. If a consumer does not
have the proper documents required for filing a case then it would be very difficult for the consumer to win or
even file a case. A nation level court works for the whole country and deals with amount more than Rs 1 crore.
A state level court works at the state level with cases valuing less than 20 lakhs and : A district level court
works at the district level with cases valuing upto 20 lakhs. The District Consumer Forum is established in all
the District of India, The State Consumer Commission is established in all the State Capitals of India, The
“National Consumer Disputes Redressal Commission” situated in New Delhi and the governing law is
"Consumer Protection Act, in India". It is important to note that the goods purchased or services availed for
commercial purposes cannot be challenged under the Consumer Protection Act of India.
---------------------------------------------------------------------------------------------------------------------------------------
Date of Submission: 28-05-2019 Date of acceptance: 10-06-2019
----------------------------------------------------------------------------------------------------------------------------- ---------

I. Introduction
Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as
well as fair trade competition and the free flow of truthful information in the marketplace. The laws are designed
to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over
competitors; they may also provide additional protection for the weak and those unable to take care of
themselves. Consumer protection laws are a form of government regulation, which aim to protect the rights
of consumer.
In India, Consumer Protection Act of 1986 is the law governing consumer protection. Under this law,
Separate Consumer tribunals have been set up throughout India in each and every district in which a consumer
[complaint can be filed by both the consumer of a goods as well as of the services] can file his complaint on a
simple paper without paying any court fees and his complaint will be decided by the Presiding Officer of the
District Level. Appeal could be filed to the State Consumer Disputes Redressal Commissions and after that to
the National Consumer Disputes Redressal Commission (NCDRC). The procedures in these tribunals are
relatively less formal and more people friendly and they also take less time to decide upon a consumer
dispute when compared to the years long time taken by the traditional Indian Judiciary. In recent years, many
effective judgement have been passed by some state and National Consumer Forums.
The Grievance redressal mechanism of an organization is the gauge to measure its efficiency and
effectiveness as it provides important feedback on the working of the Organization. The main purpose of a
Grievance Policy is to place an appropriate mechanism whereby the Customer who believe(s) that he/ she has
been wronged by any act of the Company is afforded a fair opportunity to redress his/ her Grievance. Putting the
importance and necessity of consumer protection and redressal of grievances in mind, this chapter reviews the
frameworks for consumer dispute resolution and redress in India.

II. Review of Literature


Padma and Karnik (1990)1 in their book entitled „Complaints Handling‟ target those people of
consumer protection groups who deal with complaints. The authors explain the entire process of Complaint
Handling in a simple effective language using actual complaints handling by consumer Education and Research
centre as examples. They stress the need for scientific approach to complaints handling. The broad areas
covered in this book are process, follow-up and analysis of complaints and setting up a complaints service. The
authors make it clear that the main objective of a consumer protection group is bringing about a just and fair
solution to any complaint lodged with them by the consumer. According to them when complaints throw light
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Consumer Disputes And Consumer Redressal Forums In India

on the paucity of laws in a particular area, the consumer protection groups can lobby for new laws or
amendments in existing law.
Reddy and Ramesh (1998)2 conducted a study on the role of an independent agency to protect the
consumer interest in twin cities of Hyderabad and Secundrabad. Hyderabad forum received 12,116 cases since
its inception, of which 8,051 (66%) have been dispensed of and 4,065 (34%) cases were pending. Study also
reported that only 19 per cent of them were fully aware of the Consumer Protection Acts and more than half of
the respondents were partially aware of the consumer rights and 30 per cent were not aware of it. Awareness of
consumer protection was more among men than the women. From the above studies reviewed it was clear that
maximum number of respondents were aware of consumer welfare programmers i.e., Consumer Protection Act
but very few consumers utilized the facilities.
Sreevidya (1993)3 in her dissertation work entitled „Consumer Justice and Public Utility Services‟
assesses the working formula under the Consumer Protection Act, 1986 for rendering justice to the public utility
Services.
Lizzy (1996)4 in her PhD thesis entitled „Women and Consumer Protection‟ highlights the role of
women in promoting consumerism in Kerala. She also suggests various measures for the speedy functioning of
the consumer disputes redressal agencies in Kerala.
Sreevidya (1993)5 in her dissertation work entitled „Consumer Justice and Public Utility Services‟
assesses the working formula under the Consumer Protection Act, 1986 for rendering justice to the public utility
Services.

III. Need of the study


The need of this paper is to study the performance of Consumer Disputes Redressal Agencies with
disposal of cases, cases filed, Pending with comparative statement in the National Commission, State
Commission and District Consumer forums.

Objectives of the study:


The following objectives of present study are:
1. To understand the functioning of Consumer Redressal Forums.
2. To suggest measures that would help to improve the effectiveness of Consumer Disputes Redressal
Agencies.
3. Analyses of this study would helpful for future researchers.

Research Methodology:
The Data were classified, tabulated and arranged according to the needs of the study. The Annual
Reports from 31.12 2014 to 31.12.18 were analyzed. The present study has incorporated with the collection of
Secondary information from different relevant books, journals, published report of Government, articles, and
information has been collected from different websites for the study.
Techniques of analysis of data:
The collected data has been presented with the tables and descriptive analysis techniques like percentage etc.
Limitations of the Study:
This study totally based on evaluates the performance of Consumer Disputes Redressal Agencies regarding
number of cases filed/disposed of/ pending. The data were collected for Five years (2014-2018).

IV. Consumer Disputes In India


Consumer dispute means dispute where the person against whom a complaint has been made, denies or
disputes the allegation contained in the complaint. Before reviewing the consumer redressal forums, it is
important to know the different types of consumer disputes. A consumer can approach consumer forum for
redressal of following types of disputes.
1 Electricity consumption and Bills
2 Insurance
3 Medical facilities
4 Hospitals
5 Phone manufacturers (Nokia, Samsung, LG etc.)
6 Telecommunication companies (Airtel, Idea, Tata Indicom, Reliance etc.)
7 Builder and Developers
8 Hotel and Restaurants (Maurya Sherton, Hayaat etc.)
9 Airlines (Air India, Jet Airways, Go, Indigo, Lufthansa etc.)
10 Travel Agencies (makemytrip.com, yatra.com, clertrip.com etc.)
11 Auto Companies (TATA, Maruti, Honda, Hyundai etc.)

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Consumer Disputes And Consumer Redressal Forums In India

12 Banking Services
13 Sale and purchase of consumables and any other goods
14 Manufacturer of any goods
15 Any other service provider
16 Deficiency in service
17 Defect in goods
18 Main Service Providers in our country are:
19 Telecommunication companies
20 Electricity Distribution Companies
21 Builders
22 Shopkeepers
23 Manufacturer of Goods
24 Auto Companies
25 Banks
26 Transport Companies or Government including Railways
27 Service Stations
28 Repair Centers
The above mentioned list is not exhaustive. The categorization of disputes will depend upon the facts.
It is essential that public authorities have a place and play an active role in consumer policy and justice. The
simple fact that one or several authorities are responsible for consumer policy has an influence on consumer
protection and the role of consumer organizations. Some Member States have a single public authority that deals
with consumer law; some have several public authorities that are competent. Yet, in other Member States,
consumer organizations are the only body responsible for enforcement of consumer protection law.

V. Consumer Courts In India


Protecting the interests of consumers has been one of the major concerns of the Indian Government.
Several policies and legislations have been in place in order to promote the concerns of the consumers and grant
them the rights of choice, safety, information and redressal. Accordingly, there is a well-placed departmental set
up both at the Central and State level in the form of a separate department.
Fostering the development of effective, low cost ways for consumers to resolve their disputes and
obtain monetary compensation for losses sustained is a key consumer policy objective. The particular features of
consumer disputes require tailored mechanisms that can provide consumers with access to remedies that do not
impose a cost, delay and burden disproportionate to the economic value at stake. Hence, in India, under the
Consumer Protection Act, 1986, consumer courts have been established for the redressal of consumer
grievances.

Ta ble 1 .1
FUN C TI O N A L A ND N O N - F UN CT IO NA L
( S TA T E CO M M ISS IO NS /D I S TR IC T FO R UM S)
Sr. States As on Wh e t h e r No.of Functional Non-
No. SC District Functional
Fu n c t i o n a l fora
or Non -
Fu n c t i o n a l
1 An d h r a P r a d e s h 30.09.2017 Yes 17 17 0
2 A & N Is l a n d s 30.06.2015 Yes 1 1 0
3 Arunachal Pradesh 30.06.2017 Yes 18 18 0
4 Assam 30.09.2017 Yes 23 21 2
5 Bihar 30.06.2014 Yes 38 33 5
6 Chandigarh 30.09.2017 Yes 23 21 2
7 Chattisgarh 30.09.2017 Yes 27 20 7
8 Daman & Diu 31.03.2011 Yes 2 2 0
9 Dadra &Na gar 31.03.2011 Yes 1 1 0
Haveli
10 Delhi 30.06.2017 Yes 11 10 1
11 Goa 30.09.2017 Yes 2 2 0
12 Gu j r a t 31.12.2016 Yes 38 38 0
13 Haryana 30.09.2017 Yes 21 21 0
14 Himachal Pradesh 30.09.2017 Yes 12 8 4
15 Jammu & Kashmir 30.06.2014 Yes 2 2 0
16 Jharkhand 30.06.2017 Yes 24 24 0
17 Ka r n a t a k a 30.09.2017 Yes 31 31 0
18 Kerala 30.09.2015 Yes 14 14 0

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Consumer Disputes And Consumer Redressal Forums In India
19 Lakshad weep 30.09.2017 Yes 1 1 0
20 M a d h ya P r a d e s h 30.09.2017 Yes 51 51 0
21 Maharashtra 31.12.2015 Yes 40 40 0
22 Manipur 31.12.2015 Yes 9 4 5
23 M e g h a l a ya 31.03.2015 Yes 11 7 4
24 Mizoram 30.06.2015 Yes 8 8 0
25 Nagaland 30.09.2015 Yes 11 11 0
26 Orissa 31.03.2015 Yes 31 31 0
27 Pondicherry 30.09.2017 Yes 1 1 0
28 Punjab 30.09.2017 Yes 20 20 0
29 Rajasthan 30.09.2017 Yes 37 37 0
30 Sikkim 31.03.2015 Yes 4 4 0
31 Tami l Nadu 30.06.2017 Yes 31 31 0
32 Telangana 30.09.2017 Yes 12 12 0
33 Tripura 30.09.2017 Yes 4 4 0
34 Uttar Pradesh 30.09.2017 Yes 79 79 0
35 Uttarakhand 30.11.2017 Yes 13 11 2
36 West Bengal 30.09.2017 Yes 23 23 0
TOTAL 691 659 32

Source: ncdrc.nic.in/National Consumer Dispute Redressal Commission, Delhi.


Consumer Court is the name given to special purpose courts, mainly in India, that deal with cases
regarding consumer disputes and grievances. These are judiciary set ups by the government to protect the
consumer rights. If any consumer is cheated by the seller he/she can approach the redressal forum to seek
justice. Their main function is to maintain the fair practices by the sellers towards consumers.
Consumer Protection Act provides for the creation of consumer courts. The central government is
given the responsibility to create and maintain the National Consumer Disputes Redressal Commission in New
Delhi. The state government is given the responsibility to create a State Consumer Disputes Redressal
Commission at the state level and a District Consumer Disputes Redressal Forum at the district level.

5 .2 .a . Na tio na l Co ns u me r D is put e s R ed re ssa l Co mmi s sio n


The National Commission was constituted in the year 1988. The National Consumer Court must
ordinarily be functioning in New Delhi and is presided over by a person who is currently or has been in the past
a judge of the Supreme Court. The President of the National Consumer Disputes Redressal Commission
(NCDRC) is appointed by the Central Government after consultation with the Chief Justice of India. The
National Consumer Commission has a minimum of four other members and is appointed by a committee
chaired by a Supreme Court judge as recommended by the Chief Justice of India. Members of the NCDRC can
have a term of up to five years or up to 70 years, whichever is earlier.
If your complaint seeks more than one crore rupees of compensation from a company, then the
National Consumer Commission has the pecuniary jurisdiction over your complaint. In order to attain the
objects of the Consumer Protection Act, the National Commission has also been conferred with the powers of
administrative control over all the State Commissions by calling for periodical returns regarding the institution,
disposal and pendency of cases. It is empowered to issue instructions regarding: (1) adoption of uniform
procedure in the hearing of the matters; (2) prior service of copies of documents produced by one party to the
opposite parties; (3) speedy grant of copies of documents; and (4) generally over-seeing the functioning of the
State Commissions or the District Forums to ensure that the objects and purposes of the Act are best served
without in any way interfering with their quasi-judicial freedom.

T he N at io nal Co n s u me r Co ur t ha nd l e s fi v e t yp es o f co mp l ai n ts :
 Ap p ea ls fr o m St ate Co n s u mer D isp u te s Red r es s al Co m mi s s io n s
 Co n s u mer co mp la i nt s t ha t o cc urr ed i n I nd ia , exc ep t i n t h e S tat e o f J a m mu a nd
Ka s h mir
 Ca se s fr o m S ta te Co ns u me r Co m mi s s io n s wh er e th e re h a s b ee n acc u s ati o n s o r p ro o f o f
ma ter ia l ir r e g ul ar i t y o r i lle g al act i vi ti es
 Ca se s wh e r e e x -p ar t e ( wh er e ve rd ic t s h a ve b ee n p a ss ed i n t h e ab s en ce o f e it her
p arti es ) o r d er s h a ve to b e s et as id e.
 Co mp lai n t s t h at h a s b ee n so u g h t o r ne ed to b e tra n s ferr ed fro m o n e St ate Co n s u me r
Co m mi s s io n to a no t h er i n t he i nte re st o f j u st ice .
If yo u ar e no t s at is f ied b y t he verd ic t fro m t h e Nat io na l Co ns u mer Co u rt, yo u ca n
ap p eal i n t he S up r e me Co ur t, wi t h i n a p erio d o f 3 0 d a ys . I f a v erd i c t ha s b ee n gi ve n
ag ai n st t h e co mp a n y, i t can ap p e al o nl y a fter d ep o s it i n g 5 0 % o f t he c o mp e n s at io n to b e
p aid to yo u o r R s.5 0 0 0 0 / -, wh i c h e ver is le s ser .

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Consumer Disputes And Consumer Redressal Forums In India

Co m mi s s io n - wi s e d e tai l o f co mp la i ned fi led , d i sp o sed o ff a nd p e nd i n g ha s b e e n gi ve n i n


T ab le 1 .2 .

Ta ble 1 .2
Deta i l o f Co ns u mer co mp l a i nt s f il ed, d is po se d o ff a n d Pe n di ng a t t h e Na t io na l, Sta t e
a nd D ist ri ct Fo r u ms (U pda t ed o n 2 8 .0 1 .2 0 1 8 )
Cases since inception
Sr.
N a me o f A g e n c y % of total
No. Filed Disposed off Pending
Disposal
National
1 117430 100419 17011 85.51%
Commission
2 State Commissions 757887 649606 108281 85.71%
3 District Forums 4062476 3759249 303227 92.54%
TOTAL 4937793 4509274 428519 91.32%

Source: ncdrc.nic.in/National Consumer Dispute Redressal Commission, Delhi.


Table 1.2 depicts that since the inception of consumer protection Act, out of total filed cases, 85.51 per
cent of cases have been disposed off by the National commission, 85.71 per cent of cases have been disposed off
by state commission and 92.54 per cent of cases have been disposed off by district forums.

5 .2 .b. Sta t e Co ns u mer D is p ut es Re dre s sa l Co mmi s s i o n


Under the Consumer Protection Act, 1986 a State Consumer Disputes Redressal Commission shall be
set up by the State Government for the respective State. At present there are 35 State Commissions functioning
in differ States. The law provides that the State Consumer Commission function in the state capital, but the
government has the powers to move it as needed. The President of the State Consumer Commission shall be or
should have been a High Court judge and should be appointed only after consultation with the Chief Justice of
the High Court with the states jurisdiction. The remaining members of the commission are appointed by a
committee with the President of the State Consumer Court as its chairman, and they can have a term of up to
five years or up to 67 years, whichever is earlier.
The State Consumer Disputes Redressal Commission deals with a pecuniary jurisdiction of only those
complaints where the compensation sought is higher than twenty lakhs but lesser than one crore.
T he S ta te Co n s u mer Fo r u m u s ua ll y h ear s ca se s o f t hree t yp e s :
 Appeals from District Consumer Forums
 Cases against companies that operates an office or a branch in the state.
 Cases where the actual reason why you are filing the complaint (such as signing of an agreement or
payment of a bill) partially or fully occurred within the state.
The State Consumer Court also has the powers to transfer a case from one District Consumer Forum to
another Forum provided there is such a request or it is in the interest of the law. If you are not satisfied by the
verdict from the State Consumer Court, you can appeal in the National Consumer Disputes Redressal
Commission, within a period of 30 days. If a verdict has been given against the company, it can appeal only
after depositing 50% of the compensation to be paid to you or Rs.35000/-, whichever is lesser.

Ta ble 1 .3
T he sta te - w i s e d et a i l s o f ca s es f i le d, di s po s ed o ff a n d pe nd ing i n t he sta te co mmi s s io n
ha s b ee n sho w n i n Ta bl e1 .3 .
Sr.No Name of State As on Cases Cases Cases % of
filed disposed Pending Dispo
of sal
National Commission 30.09.2018 124418 105070 19348 84.45

1 An d h r a P r a d e s h 31.08.2018 33360 32319 1041 96.88


2 A & N Is l a n d s 30.06.2015 111 106 5 95.50
3 Arunachal Pradesh 30.09.2017 104 95 9 91.35
4 Assam 31.08.2018 3140 2623 517 83.54
5 Bihar 31.08.2018 19765 17586 2179 88.98
6 Chandigarh 31.08.2018 21560 20795 765 96.45
7 Chattisgarh 30.09.2018 13795 13488 307 97.77
8 Oaman & Diu and 31.03.2011 25 20 5 80.00
DNH
9 Delhi 30.09.2018 49858 42336 7522 84.91
10 Goa 30.09.2018 3234 3021 213 93.41
11 Gu j a r a t 31.08.2018 57938 52526 5412 90.66
12 Haryana 31.08.2018 52315 49446 2869 94.52

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Consumer Disputes And Consumer Redressal Forums In India
13 Himachal Pradesh 30.09.2018 10137 9762 375 96.30
14 Jammu & Kashmir 31.05.2016 9038 7549 1489 83.53
15 Jharkhand 30.06.2018 6460 5649 811 87.45
16 Ka r n a t a k a 31.08.2018 59129 49152 9977 83.13
17 Kerala 31.05.2018 31180 28139 3041 90.25
18 Lakshad weep 31.08.2018 18 16 2 88.89
19 M a d h ya P r a d e s h 31.08.2018 54074 44132 9942 81.61
20 Maharashtra 31.05.2018 92356 73948 18408 80.07
21 Manipur 31.08.2018 170 164 6 96.47
22 M e g h a l a ya 31.12.2015 300 285 15 95.00
23 Mizoram 31.03.2015 242 218 24 90.08
24 Nagaland 30.09.2015 165 136 29 82.42
25 Odisha 30.06.2018 26055 19069 6986 73.19
26 Puducherry 30.09.2018 1331 1081 50 95.58
27 Punjab 31.07.2018 39259 38043 1216 96.90
28 Rajasthan 31.08.2018 67739 63069 4670 93.11
29 Sikkim 30.09.2018 77 69 8 89.61
30 Tami l Nadu 31.08.2018 29226 25060 4166 85.75
31 Telangana 31.08.2018 3717 1625 2092 43.72
32 Tripura 30.09.2018 1834 1814 20 98.91
33 Uttar Pradesh 30.06.2018 85843 60529 25314 70.51
34 Uttarakhand 30.06.2018 6267 5282 985 84.28
35 West Bengal 30.09.2017 32422 27314 5108 84.25
Total 812044 696466 115578 85.77

Source: scdrc.nic.in/State Consumer Dispute Redressal Commission, Delhi.


Table 1.3 reveals that consumers in all the States and Union Territories have filed cases/complaints
against the wrong done by the service/goods providers. The percentage of disposal of cases is highest in Tripura
(that is, 98.91 per cent) and lowest in Telangana (that is 43.72 per cent).
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 in the Official
Gazette, from time to time.

5 .2 .c. Di st r ict Co n s u mer Di s put e s R ed re ssa l Fo ru m


Under the Act, the State Government shall establish a District Forum in each district of the State,
though, more than one District Forum may be established in a district if it is deemed fit. Presently, there are 659
District Forums functioning in different States. The President and members are directly/indirectly appointed by
the state government and he shall be eligible to be a district judge. All members of the court can have a term of
up to five years or up to 65 years, whichever is earlier. The District Consumer Forum cannot conduct a hearing
without the President and at least one other member.
This consumer court deals with complaints where the compensation sought is less than twenty lakhs.
This limit is commonly known as the 'pecuniary jurisdiction' of the District Consumer Disputes Redressal
Forum.
A District Consumer Forum can hear cases for any company that operates an office or a branch in the
district. It can also hear cases provided the actual reason why you are filing the complaint (such as sale or
maintenance service that led to the defect) partially or fully occurred within the district. For this same reason, it
is very important that you do not do business with any company that does not have local representation or one
that makes you sign an agreement regarding the jurisdiction of the dispute.
The law provides that the District Consumer Disputes Redressal Forum has the same powers as a civil
court under Code of Civil Procedure 1908, but you may be surprised as to how much of this power in law books
actually manifests when put to practice. The District Consumer Forum can order the company to take the
following actions once it hears the complaint and decides that the company is at fault:
1 Correct deficiencies in the product to what they claim
2 Repair defect free of charges
3 Replace product with similar or superior product
4 Issue a full refund of the price
5 Pay compensation for damages/ costs/ inconveniences
6 Withdraw the sale of the product altogether
7 Discontinue or not repeat any unfair trade practice or the restrictive trade practice
8 Issue corrective advertisement for any earlier misrepresentation
If o n e i s no t s at is f ied wit h t he verd ic t fro m t he Di str ic t Co ns u mer Co u rt, yo u c a n
ap p eal i n t h e St ate Co ns u me r D i sp ut es Red re s sa l Co m mi s s io n wi t hi n a p erio d o f 3 0 d a ys.

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Consumer Disputes And Consumer Redressal Forums In India

If a v erd i ct ha s b ee n g i ve n a ga i n st t he co mp a n y, i t c a n ap p ea l o n l y a ft er d ep o si ti n g 5 0 %
o f t he co mp e n sa tio n to b e p aid to yo u o r Rs.2 5 0 0 0 / -, wh i c h e ver is le s ser .
T here are i mp o r t a nt d i f fer e nce s r e gard i n g t he ( le ga l) p o si tio n o f co n s u me r o r ga n iza tio n s
in re lat io n to d i f f er e nt a ut ho r i tie s. T he r i g ht s a nd p o ss ib i li ti es wh ic h co n s u mer
o rga n iz at io ns ha v e at t h eir d i sp o sa l ma y var y s ig n i fica n tl y fro m co u n tr y to co u n tr y, b ut
al so wit h i n t he nat io na l co n te x t. Co n s u mer o r ga ni za tio n s ma y b e e xp li ci tl y d es i g na ted a nd
gra n ted t he sta t u s o f an “i nter e sted p ar t y” i n t he p ro ced u re s i nit ia ted b y a cer ta i n
au t ho ri t y, e. g. a “co n s u me r p r o tec tio n” a u t ho ri t y. T he y ma y b e e n ti tl ed to r eq ue st cer ta i n
me a s ure s to b e ta ke n , t o r ecei ve r e sp o n se s to co mp la i nt s t he y filed wi t h t he a ut ho r it y
wi t h i n a cer ta i n ti me p e r io d and t he y ma y e ve n ha v e t he ri g h t to c hal le n ge d e ci sio n s ta k e n
b y t he a ut ho r it y b e fo r e co ur t s. T hi s sp e ci al st at u s ma y b e gra n te d i n re la tio n to a
co n s u me r a ut ho r it y, b ut no t i n r e la tio n to a co mp e ti tio n a ut ho r it y fo r ex a mp l e. Co ns u mer
o rga n iz at io ns ca n u se s uc h a “q ual i fied ” p o si tio n to p ut mo r e p res s ure o n p ub li c
au t ho ri ti es a nd to r e nd er t he e n f o r ce me n t s ys t e m mo r e e ffic ie n t.
Sta te - wi se d et ai ls o f c a se s fi led , d isp o s ed o ff and p e nd i n g i n d i str ict fo r u ms ha s b e e n
gi v e n i n T ab le 1 .4 .

Ta ble 1 .4
Sta te W is e d et a i l s o f ca se s f il le d, di s po s ed o ff a nd p en di ng in D ist ri ct Fo ru ms
Sr.No Name of State As on Cases Cases Cases % of
filed disposed Pending Dispo
of sal
1 An d h r a P r a d e s h 31.08.2018 120453 118803 1650 98.63
2 A & N Is l a n d s 30.06.2015 767 720 47 93.87
3 Arunachal Pradesh 30.09.2017 515 486 29 94.37
4 Assam 31.08.2016 16157 14736 1421 91.21
5 Bihar 31.08.2018 103003 88050 14953 85.48
6 Chandigarh 31.08.2018 59713 58446 1267 97.88
7 Chattisgarh 30.09.2018 53975 47614 6361 88.21
8 Oaman & Diu and 31.03.2011 56704 55070 1634 97.12
DNH
9 Delhi 31.05.2018 49039 41795 7244 85.23
10 Goa 30.09.2018 7499 7374 125 98.33
11 Gu j a r a t 31.08.2018 232413 213429 18984 91.83
12 Haryana 31.08.2018 263956 256513 7443 97.18
13 Himachal Pradesh 30.09.2018 66727 64256 2471 96.30
14 Jammu & Kashmir 31.12.2017 20729 18855 1937 90.68
15 Jharkhand 30.06.2018 40756 36698 4058 90.04
16 Ka r n a t a k a 31.08.2018 203231 194485 8746 95.70
17 Kerala 31.05.2018 213628 203490 10138 95.25
18 Lakshad weep 31.08.2018 89 79 10 88.76
19 M a d h ya P r a d e s h 31.08.2018 243777 222065 21712 91.09
20 Maharashtra 30.06.2018 409830 369712 40117 90.21
21 Manipur 31.12.2015 1297 1240 57 95.61
22 M e g h a l a ya 31.03.2015 1005 925 80 92.04
23 Mizoram 30.06.2015 3771 3733 38 98.99
24 Nagaland 30.09.2015 652 598 54 91.72
25 Odisha 30.06.2018 113352 105682 7670 93.23
26 Puducherry 30.09.2018 3282 3096 186 94.33
27 Punjab 31.07.2018 200451 193226 7225 96.40
28 Rajasthan 31.08.2018 385326 350936 34390 91.08
29 Sikkim 30.09.2018 416 387 29 93.03
30 Tami l Nadu 31.08.2018 119544 110562 8982 92.49
31 Telangana 31.08.2018 93532 88523 5009 94.64
32 Tripura 31.07.2018 3863 3748 115 97.02
33 Uttar Pradesh 30.06.2018 700458 622173 78285 88.82
34 Uttarakhand 30.06.2018 42092 38898 3194 92.41
35 West Bengal 30.09.2017 117350 109547 7803 93.35
Total 3949415 3645951 303464 92.32

So u rce: ncd r c . nic. i n/ N atio n al Co n s u me r D i sp u te Red r es sa l Co m mi s s io n, De l hi.


T ab le 1 .4 r e vea l s t h at D is tr i ct Fo r u ms i n Mi zo r a m ha s d isp o s ed o ff 9 8 . 9 9 p er c e nt
o f ca se s, wh i c h h i g he st a mo n g t h e st ate s /UT s. T he lo we st p erc e nta g e is reco r d ed i n De l hi
(t hat i s, 8 8 .2 3 p er c e nt) .
A person cannot file a complaint in a consumer court if two years have elapsed after the cause of action (such as
payment of a bill or the incident that started the dispute with the company).
www.ijesi.org 7 | Page
Consumer Disputes And Consumer Redressal Forums In India

If a consumer is not satisfied by the decision of the District Forum, he/she can challenge the same
before the State Commission and against the order of the State Commission a consumer can come to the
National Commission.
To provide speedy and simple redressal to consumer disputes, a quasi-judicial machinery is sought to
be set up at the District, State and Central levels. These quasi-judicial bodies will observe the principles of
natural justice and have been empowered to give reliefs of a specific nature and to award, wherever appropriate,
compensation to consumers. Penalties for non-compliance of the orders given by the quasi-judicial bodies have
also been provided.

Su m Up
Consumer Court is the special purpose court, mainly in India that deals with cases regarding consumer
disputes and grievances. These are judiciary set ups by the government to protect the consumer rights. Its main
function is to maintain the fair practices by the sellers towards consumers. Consumers can file a case against a
seller if they are harassed or exploited by sellers. The court will only give a verdict in favour of the
consumers/customers if they have proof of exploitation, i.e., bills or other documents. If a consumer does not
have the proper documents required for filing a case then it would be very difficult for the consumer to win or
even file a case. A nation level court works for the whole country and deals with amount more than Rs 1 crore.
A state level court works at the state level with cases valuing less than 20 lakhs and : A district level court
works at the district level with cases valuing upto 20 lakhs. The District Consumer Forum is established in all
the District of India, The State Consumer Commission is established in all the State Capitals of India, The
“National Consumer Disputes Redressal Commission” situated in New Delhi and the governing law is
"Consumer Protection Act, in India". It is important to note that the goods purchased or services availed for
commercial purposes cannot be challenged under the Consumer Protection Act of India.

Sug g es tio ns : Fo llo wi n g ar e so me o f t he s u g g es ti o n s to


1 The consumer cases should be finalized within reasonable time period so that faith of the consumers on the
consumer protection commission and forums could be enhanced.
2 The Government should encourage the voluntary consumer organizations to set up their branch offices at
the district level or if possible at the block level. So that the consumers can get proper information related to
consumer awareness, consumer rights and responsibilities and knowledge related to how to file the
complaints.
3 There should be proper publicity of consumer rights and consumer protection legislations on television,
radio, newspapers, magazines and internet.
4 In spreading awareness, social media and new media can play an important role. Blogs, twitter, Face book
etc. should be used to educate people.
5 For more effective performance of Consumer Disputes Redressal Agencies Central and States Government
provide adequate staff to the National, State and District forums.
6 Government should provide more facilities to the State and District forums staff for continuing daily work
to clear the pending cases.
7 The central and state Government should identify the reasons for delays in disposal of cases.
8 Voluntary Consumer Organization should be more active and take initiation to clear the pending cases.

Ref erences
[1]. K. Sreevidya (1993), Consumer Justice and Public Utility Services, Dissertation work, Law Department, Cochin University, pp. 88-
95.
[2]. E. A. Lizzy (1996), Women and Consumer Protection, Ph. D Thesis, Cochin University, pp. 352-385.
[3]. Sreevidya (1993), Consumer Justice and Public Utility Services, Dissertation work, Law Department, Cochin University, pp. 88-95.
[4]. “ W e s t E n c y c l o p e d i a o f A m e r i c a n La w. C o n s u m e r . An s w e r s . c o m . R e t r i e v e d o n J a n u a r y 3 1 , 2 0 1 0 .
[5]. V. Balakrishna Eradi, "Consumer Protection and National Consumer Dispu tes Redressal
Commission". New Delhi: Nat ional Consumer Disputes Redressal Commission. Accessed 25 June
2013.
[6]. N.P. Reddy and A.N. Ramesh (1998), “The role of an independent agency to protect the consumer interest on empirical study”,
Indian Journal of Marketing, 28, pp. 2-11.

Dr. Shammi Minhas" Consumer Disputes and Consumer Redressal Forums in India"
International Journal of Engineering Science Invention (IJESI), Vol. 08, No. 06, 2019, PP 01-
08

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