State Food Security Portal & NFSA Implementation System, Madhya Pradesh

Consumer Protection

PROCEDURE OF FILLING COMPLAINT

  1. WHO CAN FILE A COMPLAINT?

    • A Consumer.
    • Any registered Voluntary Consumer Organization.
    • The Central or State Government.
    • One or more consumers on behalf of numerous consumers who are having the same interest.

  2. WHO IS A CONSUMER?

    • Any person who buys any goods hires any service for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment, comes within the definition of consumer
    • A person will not be with in the definition of consumer if he purchases goods for commercial purpose or for resale. However if he purchases goods for the purpose of earning his livelihood by means of self employment; he will be a consumer.

  3. WHEN A COMPLAINT CAN BE FILED?

    A complaint can be filed in writing if: -

    • Consumer has suffered loss or damage as a result of any unfair Trade Practice.
    • The goods purchased suffer from any defect.
    • The trader has charged a price in excess of the price displayed or fixed by any law for the time being in force
    • The goods hazardous to life and safety are being offered for sale to public.
    • The services hired or availed of, suffer from any deficiency.

  4. WHERE A COMPLAINT CAN BE FILED?

    • up to Rs. 20.00 lakhs - District Forum.
    • more than Rs. 20.00 lakhs and up to Rs. 1 crore - State Commission.
    • more than Rs. 1 crore - National Commission.

    The complaint may contain information as per model form shown below.

    The complaint/reply should be supported with affidavit of party and witnesses, if any.

CONSUMER PROTECTION

The Consumer Protection Act, 1986 (68 of 1986) prescribes establishment of Consumer Disputes Redressal Agencies. As per Section 9 of the said Act the State Government shall establish by notification establish a Consumer Disputes Redressal Forum known as District Forum for each District and a State Consumer disputes Redressal Commission known as State Commission for the State. The Central Government shall establish a National Consumer Disputes Redressal Commission. In view of the said Section the State Government has established District Forums in each District and the State Commission in the capital of the State. The Central Government has established the National Commission at New Delhi.

The Act has been enacted with a view to provide speedy and un-expensive remedy to consumers and is aimed to protect the consumers from exploitation by traders and service providers.

SET-UP OF NATIONAL COMMISSION, STATE COMMISSION AND DISTRICT FORUMS

The National Commission is headed by a President who shall be a sitting or retired Judge of Supreme Court and shall consist of four other members one of whom shall be a woman. The State Commission is headed by a President who shall be a sitting or retired Judge of High Court and shall consist of two other members, one of whom shall be a woman. Similarly, the District Forum shall consist of a President, who shall be a sitting or retired District Judge or qualified to be a District Judge. The District Forum also shall consist of two other members, one of whom shall be a woman.

QUALIFICATION OF MEMBERS

The Act has not prescribed any educational qualification for the members but, the Act requires that the member should be person of ability, integrity and standing and should have adequate knowledge or experience of or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

TERMS OF OFFICE

The President and other members of National Commission shall hold office for a term of five years or up to the age of 70 years which ever is earlier whereas in State Commission the term of office shall be five years or up to the age of 67 years which ever is earlier. In District Forum also the term of President and members shall be five year of up to age of 65 years which ever is earlier. Presidents and members shall be eligible for reappointment for further five years or upto the age of 65 years whichever is earlier.

SELECTION OF MEMBERS

The appointment of members of National Commission shall be made by the Central Government on recommendation of Selection Committee consisting of-

  1. A person who is a Judge of Supreme Court to be nominated by the Chief Justice of India- Chairman.
  2. Secretary in the department of legal affairs in Government of India.
  3. Secretary of the Department dealing with Consumer affairs in the Government of India Members.
The appointment of members of State Commission and District Forum shall be made by the State Government on the recommendation of a Selection Committee consisting of-
  1. President of State Commission -Chairman.
  2. Secretary of Law Department of State. -Member.
  3. Secretary in charge of department dealing with consumer affairs in the State. -Member.
The State Government vide circular No. 5-10/94/29/2 dated 7.12.94 has constituted at District Level Committee consisting of Collector as Convener, President, District Forum, Principal of Local Degree College, Chairman of District Planning Board or Chairman of Zila Parishad as member for recommending name of persons, who are eligible and may be considered by the Selection Committee for appointment.

The Office of National Commission is situated at Janpath Bhawan, 5th floor, A Wing (Old India Oil Building), New Delhi. The Office of M.P. State Commission is situated at 76, Arera Hills, Bhopal.

At present there are 24 full time and 21 part time Forum in Madhya Pradesh. In part time Forum the President of full time Forum holds link sittings in a week or in a forth night.

LIMITATION FOR FILLING COMPLAINT

The complaint may be filed within two years from the date on which cause of action arises.

APPEAL/REVISION

Any party aggrieved form the final order of District Forum may appeal to State Commission within 30 days. Similarly, any party aggrieved from the final order passed in original complaint decided by the State Commission may appeal to National Commission within 30 days. Order passed by National Commission in complaint filed before it is appeal able in Supreme Court within 30 days. Appeal may contain information as per model form shown below with certified copy of order. Any order, which is not final order, may be challenged in revision before higher respective Commission.