The District Commission
Chapter Eighty
Syllabus topic 4.4, "Consumer Disputes Redressal Agencies: District Commission, State Commission & National Commission, Judicial Review."
Pages 320 to 323 of 434
In one line
The District Commission is the forum where a consumer complaint starts, for claims up to fifty lakh rupees.
In the wording a student can write in an exam: sections 28 to 41 of the Consumer Protection Act 2019 establish and regulate the District Consumer Disputes Redressal Commission; it consists of a President and not less than two members, the number being prescribed in consultation with the Central Government; its pecuniary jurisdiction under section 34(1) read with the Rules of 2021 extends to complaints where the value of the goods or services paid as consideration does not exceed fifty lakh rupees; its territorial jurisdiction under section 34(2) includes the place where the complainant resides or personally works for gain; a complaint may be filed under section 35 by a consumer, a recognised consumer association, one or more consumers on behalf of numerous consumers with permission, or a Government or the Central Authority, and may be filed electronically; and an appeal lies to the State Commission under section 41 within forty-five days, conditional on a deposit of fifty per cent of any amount ordered to be paid.
Establishment and composition
Section 28. The State Government shall establish a District Consumer Disputes Redressal Commission in each district, and may establish more than one in a district if it thinks fit. Each Commission consists of a President and not less than two, and not more than such number of, members as may be prescribed in consultation with the Central Government. The Act of 1986 required at least one woman member in terms; the Act of 2019 leaves the composition to the rules, so the requirement is looked for there and not in the section.
Section 29 provides for the qualifications, appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members, as may be prescribed. Section 30 deals with salaries and conditions of service, section 31 is a transitional provision, section 32 provides that a vacancy is filled by the State Government, and section 33 provides for officers and employees.
Jurisdiction
Pecuniary, section 34(1). The District Commission has jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees, with a proviso allowing the Central Government to prescribe such other value as it deems fit. The value prescribed is fifty lakh rupees, by rule 3 of the Rules of 2021.
Note the words "paid as consideration". Under the Act of 1986 the test was the value of the goods or services and the compensation claimed. Under the Act of 2019 it is what the consumer paid, so a claim for a large compensation on a small purchase stays in the District Commission.
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