The Path to a Greener Future: Understanding Sustainable Development In an era where environmental challenges and resource depletion are becoming increasingly evident, the concept of sustainable development has gained significant importance. Sustainable development aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. This blog post will explore the principles, goals, and strategies of sustainable development, highlighting its critical role in ensuring a balanced and healthy future for our planet. "Transforming our world: The path to sustainable development." What is Sustainable Development? Sustainable development is a holistic approach that integrates economic growth, environmental protection, and social equity. It seeks to create a harmonious relationship between human activities and the natural world, ensuring that resources are used efficiently and responsibly. Definition: The most widely recognized defini
The Consumer Dispute Redressal Machinery is a THREE-TIER, Quasi-Judicial Machinery for speedy and inexpensive redressal of consumer grievances and disputes. The Consumer Dispute Redressal Machinery is an easy redressal alternative for the consumers than the ordinary process of the civil court which is a very expensive and time consuming litigation process.
The Consumer Dispute Redressal Forum has been established at three levels: Central level, State level and District level. These quasi-judicial bodies are supposed to observe the principles of natural justice and are empowered to:
(i) To give relief of a specific nature and
(ii) To award, where ever appropriate compensation to consumers.
2. Composition (u/s 10): Each District Forum shall consist of:
(i) A person who, or has been, or is qualified to be a District Judge, who shall be its President;
(ii) Two other members, one of whom shall be a woman. Who shall have the following qualifications namely;
(i) Be not less than thirty-five years of age,
(ii) Possess a bachelor’s degree from a recognized university,
(iii) Be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. However, not more than 50% of the member shall be from judicial background.
3. Method of Appointment (u/s 10(1A): Every appointment must be made by the State Government on the recommendations of the selection committee.
The selection committee shall consist of:
a) The Chairman who shall be president of the state commission;
b) Members; who shall be Secretary of the Law Department of state and the secretary in charge of the Department dealing with consumer affairs in the State.
4. Term of office (u/s 10(2)): Every member of the District forum shall office for a term of five years or up to the age of sixty-five years, whichever is earlier. A member is also eligible for re-appointment for another term of five years or up to the age of sixty-five years.
5. Jurisdiction (u/s 11): section 11 provides for the jurisdiction of the District Forum under two criteria pecuniary and territorial.
(i) Pecuniary jurisdiction (u/s 11(1)): The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any claimed does not exceed Rs 20 lakhs.
(ii) Territorial jurisdiction (u/s 11(2)): A complaint shall be instituted in a District Forum within the local limits.
6. Procedure in relation to complaint (u/s 12,13,14): The procedure in relation to complaint includes manner of filing a complaint, procedure on admission of complaint and relief available to consumer
7. Appeal (u/s 15): Section 15 makes the following provisions for appeal by the aggrieved party against the order of the District forum:
(i) The appeal against the order of District Forum lies to the state Commission.
(ii) The appeal can be made within 30 days from the date of the order of the District Forum. The time limit may be extended by the State Commission on showing sufficient cause.
(iii) The person making an appeal should deposit 50% of that amount or Rs. 25,000 whichever is less. (inserted by the consumer protection Amendment Act, 2002)
1. Establishment (u/s 9(b)): Under Section 9(b) of the Consumer protection act, the State Government is under statutory obligation to establish a Consumer Disputes Redressal Commission to be known as the State Commission.
2. Composition (u/s 16): Each State Commission shall consist of;
(i) President, who is or has been a Judge of High Court, he will be appointed by the State Government after consultation with Chief Justice of the High Court concerned.
(ii) Two members, however one of the member shall be a woman, who shall have the following qualifications:
(i) Be not less than thirty-five years of age,
(ii) Possess a bachelor’s degree from a recognized university,
(iii) Be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. However, not more than 50% of the member shall be from judicial background.
3. Method of Appointment (u/s 16(1A): Every appointment must be made by the State Government on the recommendations of the selection committee.
The selection committee shall consist of:
(a) The chairman; who shall be president of the state commission;
(b) Members; who shall be secretary of the Law Department of state and Secretary in charge of the Department dealing with consumer affair in the state.
4. Term of office (u/s 16(2)): Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven, whichever is earlier. A member shall be eligible for re-appointment for another term of five years.
5. Jurisdiction (u/s 17): Section 17 of the Act provides that the State Commission shall have jurisdiction to entertain:
(i) Pecuniary Jurisdiction: The State commission shall have jurisdiction to entertain complaint where the value of goods or services and compensation claimed exceed Rs. 20 lakhs but does not exceed Rs. 1 crore.
(ii) Territorial Jurisdiction: A complaint shall be instituted in a State Commission within the State limits. The state commission may entertain appeals only against the order of any District Forum within the State.
6. Procedure in relation to complaint (u/s 18): The Procedure in relation to complaint filed with the State Commission are same as stated in section 12, 13, and 14 of District Forum.
7. Appeal (u/s 19): Section 19 makes following provisions for appeal by the aggrieved party against the order of the State Commission:
(i) The appeal against the order of the State Commission lies to the National Commission.
(ii) The appeal can be made within 30 days from the date of the order of the State Commission.
(iii) The person making the appeal should deposit 50% of the decreed amount or Rs. 35,000 whichever is less.
2. Composition (u/s 20): National Commission shall consist of:
(i) a person who is or has been a judge of the Supreme Court, to be appointed by the central Government, (consultation with the Chief Justice of India), who shall be its president.
(ii) four members and one of whom shall be a woman, who shall have the following qualifications, namely:
(i) Be not less than thirty-five years of age,
(ii) Possess a bachelor’s degree from a recognized university,
(iii) Be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. However, not more than 50% of the member shall be from judicial background.
3. Method of Appointment (u/s 20(1A): Every appointment under this clause shall be made by the central government on the recommendation of selection committee consisting of the following, namely:
(a) The chairman who shall be the Judge of the Supreme Court to be nominated by the Chief Justice of India.
(b) The secretary in the Department of Legal Affairs in the Government of India as member.
(c) Secretary of the Department dealing with consumer affairs in the Government of India as member.
4. Term of office (u/s 20(2)): Every member of the National Commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier. A member shall be eligible for re-appointment for another term of five years.
5. Jurisdiction (u/s 21): Section 21 provides that the National Commission shall have jurisdiction:
(i) Pecuniary Jurisdiction: The National Commission shall have jurisdiction to entertain complaints where value of the goods or services and the compensation, if any, claimed exceeds Rs. 1 crore;
(ii) Territorial Jurisdiction: The national commission may also entertain appeals against the orders of any State Commission.
6. Procedure in relation to complaint (u/s 22): The Procedure in relation to complaint filed with the National Commission are same as stated in section 12, 13, and 14 of District Forum.
7. Appeal (u/s 23): Section 23 makes the following provisions for appeal by the aggrieved party against the order of the National Commission:
(i) The appeal against the order of the National Commission lies to the Supreme Court.
(ii) The appeal can be made within 30 days from the date the order of the National Commission. The time limit may be extended by the Supreme Court on showing sufficient cause.
(iii) the person making the appeal should deposit 50 % of the decreed amount or Rs 50,000 whichever is less. This requirement has been introduced by the Consumer Protection Amendment Act 2002.
The Consumer Dispute Redressal Forum has been established at three levels: Central level, State level and District level. These quasi-judicial bodies are supposed to observe the principles of natural justice and are empowered to:
(i) To give relief of a specific nature and
(ii) To award, where ever appropriate compensation to consumers.
I. DISTRICT FORUM
1. Establishment (u/s 9(a)): Under section 9(a) of the consumer Protection Act, the State Government is under statutory obligation to establish a Consumer Dispute redressal forum to be called as “District Forum” in each district of the State by notification.2. Composition (u/s 10): Each District Forum shall consist of:
(i) A person who, or has been, or is qualified to be a District Judge, who shall be its President;
(ii) Two other members, one of whom shall be a woman. Who shall have the following qualifications namely;
(i) Be not less than thirty-five years of age,
(ii) Possess a bachelor’s degree from a recognized university,
(iii) Be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. However, not more than 50% of the member shall be from judicial background.
3. Method of Appointment (u/s 10(1A): Every appointment must be made by the State Government on the recommendations of the selection committee.
The selection committee shall consist of:
a) The Chairman who shall be president of the state commission;
b) Members; who shall be Secretary of the Law Department of state and the secretary in charge of the Department dealing with consumer affairs in the State.
4. Term of office (u/s 10(2)): Every member of the District forum shall office for a term of five years or up to the age of sixty-five years, whichever is earlier. A member is also eligible for re-appointment for another term of five years or up to the age of sixty-five years.
5. Jurisdiction (u/s 11): section 11 provides for the jurisdiction of the District Forum under two criteria pecuniary and territorial.
(i) Pecuniary jurisdiction (u/s 11(1)): The District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any claimed does not exceed Rs 20 lakhs.
(ii) Territorial jurisdiction (u/s 11(2)): A complaint shall be instituted in a District Forum within the local limits.
6. Procedure in relation to complaint (u/s 12,13,14): The procedure in relation to complaint includes manner of filing a complaint, procedure on admission of complaint and relief available to consumer
7. Appeal (u/s 15): Section 15 makes the following provisions for appeal by the aggrieved party against the order of the District forum:
(i) The appeal against the order of District Forum lies to the state Commission.
(ii) The appeal can be made within 30 days from the date of the order of the District Forum. The time limit may be extended by the State Commission on showing sufficient cause.
(iii) The person making an appeal should deposit 50% of that amount or Rs. 25,000 whichever is less. (inserted by the consumer protection Amendment Act, 2002)
II. STATE COMMISSION
1. Establishment (u/s 9(b)): Under Section 9(b) of the Consumer protection act, the State Government is under statutory obligation to establish a Consumer Disputes Redressal Commission to be known as the State Commission.2. Composition (u/s 16): Each State Commission shall consist of;
(i) President, who is or has been a Judge of High Court, he will be appointed by the State Government after consultation with Chief Justice of the High Court concerned.
(ii) Two members, however one of the member shall be a woman, who shall have the following qualifications:
(i) Be not less than thirty-five years of age,
(ii) Possess a bachelor’s degree from a recognized university,
(iii) Be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. However, not more than 50% of the member shall be from judicial background.
3. Method of Appointment (u/s 16(1A): Every appointment must be made by the State Government on the recommendations of the selection committee.
The selection committee shall consist of:
(a) The chairman; who shall be president of the state commission;
(b) Members; who shall be secretary of the Law Department of state and Secretary in charge of the Department dealing with consumer affair in the state.
4. Term of office (u/s 16(2)): Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven, whichever is earlier. A member shall be eligible for re-appointment for another term of five years.
5. Jurisdiction (u/s 17): Section 17 of the Act provides that the State Commission shall have jurisdiction to entertain:
(i) Pecuniary Jurisdiction: The State commission shall have jurisdiction to entertain complaint where the value of goods or services and compensation claimed exceed Rs. 20 lakhs but does not exceed Rs. 1 crore.
(ii) Territorial Jurisdiction: A complaint shall be instituted in a State Commission within the State limits. The state commission may entertain appeals only against the order of any District Forum within the State.
6. Procedure in relation to complaint (u/s 18): The Procedure in relation to complaint filed with the State Commission are same as stated in section 12, 13, and 14 of District Forum.
7. Appeal (u/s 19): Section 19 makes following provisions for appeal by the aggrieved party against the order of the State Commission:
(i) The appeal against the order of the State Commission lies to the National Commission.
(ii) The appeal can be made within 30 days from the date of the order of the State Commission.
(iii) The person making the appeal should deposit 50% of the decreed amount or Rs. 35,000 whichever is less.
III. NATIONAL COMMISSION
1. Establishment (u/s 9(c)): Under Section 9(c) of the Central Government is required to establish by notification a National Consumer Dispute Redressal Commission to be known as National Commission.2. Composition (u/s 20): National Commission shall consist of:
(i) a person who is or has been a judge of the Supreme Court, to be appointed by the central Government, (consultation with the Chief Justice of India), who shall be its president.
(ii) four members and one of whom shall be a woman, who shall have the following qualifications, namely:
(i) Be not less than thirty-five years of age,
(ii) Possess a bachelor’s degree from a recognized university,
(iii) Be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. However, not more than 50% of the member shall be from judicial background.
3. Method of Appointment (u/s 20(1A): Every appointment under this clause shall be made by the central government on the recommendation of selection committee consisting of the following, namely:
(a) The chairman who shall be the Judge of the Supreme Court to be nominated by the Chief Justice of India.
(b) The secretary in the Department of Legal Affairs in the Government of India as member.
(c) Secretary of the Department dealing with consumer affairs in the Government of India as member.
4. Term of office (u/s 20(2)): Every member of the National Commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier. A member shall be eligible for re-appointment for another term of five years.
5. Jurisdiction (u/s 21): Section 21 provides that the National Commission shall have jurisdiction:
(i) Pecuniary Jurisdiction: The National Commission shall have jurisdiction to entertain complaints where value of the goods or services and the compensation, if any, claimed exceeds Rs. 1 crore;
(ii) Territorial Jurisdiction: The national commission may also entertain appeals against the orders of any State Commission.
6. Procedure in relation to complaint (u/s 22): The Procedure in relation to complaint filed with the National Commission are same as stated in section 12, 13, and 14 of District Forum.
7. Appeal (u/s 23): Section 23 makes the following provisions for appeal by the aggrieved party against the order of the National Commission:
(i) The appeal against the order of the National Commission lies to the Supreme Court.
(ii) The appeal can be made within 30 days from the date the order of the National Commission. The time limit may be extended by the Supreme Court on showing sufficient cause.
(iii) the person making the appeal should deposit 50 % of the decreed amount or Rs 50,000 whichever is less. This requirement has been introduced by the Consumer Protection Amendment Act 2002.
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