CHAPTER IV:

Consumer Disputes Redressal Agencies

(Sections 26-62)

26

Establishment of Consumer Disputes Redressal Agencies.

There shall be established for the purposes of this Act, the following agencies, namely:—

a District Consumer Grievance Redressal Commission to be known as the "District Commission" established by the State Government in each district of the State by notification:

Provided that the State Government may, if it deems fit, establish more than one District Commission in a district

Provided further that in a district where no District Commission has been established or if established, there exists at any time vacancy in the office of the President or a Member, in such case, the State Government may, by notification, direct that—

(i) a District Commission, as specified in the notification, shall exercise the jurisdiction in respect of such district or districts as may be specified in the notification; or

(ii) the President or a Member of a District Commission, as the case may be, shall exercise the power or discharge the functions of the President or the Member, as the case may be, of any other District Commission as may be specified in the notification.

a State Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State by notification; and

a National Consumer Disputes Redressal Commission to be known as the "National Commission" established by the Central Government by notification.

27

 Composition of District Commission.

a person who is, or has been, or is qualified to be a District Judge or an officer not below the rank of a District Magistrate in the State or equivalent, who shall be its President;

not less than two and not more than such number of members, as may be prescribed, at least one of whom shall be a woman, who shall—

be a person 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, consumer affairs or administration.

28

Disqualification of members

has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or

has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or

has, in the opinion of the State Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member.

29

Appointment of members of District Commission

The President and Members of the District Commission shall be appointed by the State Government on the recommendation of the State Public Service Commission in such manner as may be prescribed

Every member of the District Commission shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier:

Provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixty-five years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) of section 27 and such reappointment is also made on the basis of the recommendation of the State Public Service Commission:

Provided further that a person appointed as a President of the District Commission shall also be eligible for reappointment:

Provided also that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) of section 27.

The salary and allowances payable to, and other terms and conditions of service of the President and members shall be such as may be prescribed by the State Government.

The President or Member of the District Commission, on ceasing to hold office as such, shall not appear, act or plead before any District Commission in that State in which he had been the President or Member, as the case may be.

30

Officers and ther employees of  District Commission

The State Government shall provide the District Commission such officers and other employees required to assist the District Commission in the discharge of its functions.

The officers and other employees of the District Commission shall discharge their functions under the general superintendence of the President.

The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the District Commission shall be such as may be prescribed by the State Government.

31

Jurisdiction of  District Commission

Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the billed value of the goods or services claimed does not exceed rupees fifty lakhs, or up to thrice the limits of such value as may be prescribed.

A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,—

the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or

any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

The District Commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the State Government may, in consultation with the State Commission, notify in the Official Gazette from time to time.

32

Manner in which complaint shall be made.

A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed, with a District Commission by—

the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided or in respect of which unfair trade practice is alleged;

any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided or in respect of which an unfair trade practice is alleged, is a member of such association or not;

one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested; or

the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general:

Provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed.

Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner, including electronic form, as may be prescribed

On receipt of a complaint made under sub-section (1), the District Commission may, by order, allow the complaint to be proceeded with or rejected:

Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:

Provided further that the admissibility of the complaint shall ordinarily be decidedwithin twenty-one days from the date on which the complaint was filed.

Where the District Commission does not decide the issue of admissibility of the complaint within the period specified in the second proviso to sub-section (3), it shall be deemed to have been admitted except in the case where the complainant has failed to appear before the District Commission on the day of hearing for admissibility fixed within twenty one days from the date of filing of the complaint, without any reasonable ground:

Provided that if another date of hearing for admissibility is fixed within the next twenty one days from the date of last hearing for admissibility and the complainant fails to appear without any reasonable ground, the admissibility of the complaint shall be decided on merit, or if no date of hearing for admissibility is fixed within twenty one days from the last date of hearing for admissibility, the complaint shall be deemed to have been admitted on the expiry of such twenty-one days:

Provided further that in case of complaint filed electronically no physical appearance of the complainant will be necessary for deciding admissibility of the case and unless admissibility of such matter is decided within twenty-one days, the complaint shall be deemed to be admitted after twenty-one days of filing of the complaint.

Where a complaint is allowed to be proceeded with under sub-section (3) or sub-section (4), the District Commission may proceed with the complaint in the manner provided under this Act:

Provided that where a complaint has been admitted by the District Commission, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.

Explanation.—For the purposes of this section, "recognised consumer association" means any voluntary consumer association registered under the Companies Act, 2013 or any other law for the time being in force.

33

Procedure on admission of complaint

The District Commission shall, on admission of a complaint, if it relates to any goods,—

refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Commission;

where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, the District Commission shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);

where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Commission shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Commission;

before any sample of the goods is referred to any appropriate laboratory under clause (c), the District Commission may require the complainant to deposit to the credit of the Commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;

the District Commission shall remit the amount deposited to its credit underclause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the District Commission shall forward a copy of the report along with such remarks as the District Commission may feel appropriate to the opposite party;

if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the District Commission shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory;

the District Commission shall give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 35.

The District Commission shall, if the complaint admitted by it under section 32 relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,—

refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Commission;

where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, the District Commission shall proceed to settle the consumer dispute,—

on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint; or

ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the Commission;

where the complainant fails to appear on the date of hearing before the District Commission, the District Commission may decide it on merits.

An electronic intermediary shall provide such information, documents or records as may be reasonably required in a written order by the District Commission for the purpose of the procedures under sub-section (1) and sub-section (2).

No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.

Every complaint shall ordinarily be disposed of by the District Commission on the basis of an affidavit and documentary evidence placed on record:

Provided that hearing or examination of parties shall be granted where sufficient cause is shown and reason is recorded in writing by the District Commission.

Every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:

Provided that no adjournment shall be ordinarily granted by the District Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission:

Provided further that the District Commission shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act:

Provided also that in the event of a complaint being disposed of after the period so specified, the District Commission shall record in writing, the reasons for the same at the time of disposing of the said complaint.

Where during the pendency of any proceeding before the District Commission, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.

For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—

the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

requiring the discovery and production of any document or other material object as evidence;

Any appearance, application or act in or to a District Commission, required or authorised by law to be made or done by a party in such Commission may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by an advocate appearing, applying or acting,  as the case may be, on his behalf:

Provided that any such appearance shall, if the District Commission so directs, be made by the party in person.

Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the District Commission shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973.

Where the complainant is a consumer referred to in sub-clause (iv) of sub-section (6) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Commission thereon.

In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.

34

Reference to mediation.

The District Commission shall, after admission of the complaint, at the first hearing of the complaint or at any stage during the proceedings, if it appears to the Commission that there exists element of a settlement, which may be acceptable to the parties, direct the parties to opt for settlement of dispute by mediation specified under Chapter V of this Act, except in such cases in which the issues of grave threats to life and grave physical or mental injury are involved.

Before directing the parties to exercise option under sub-section (1), the District Commission shall give such guidance as it deems fit to the parties, to opt for settlement of dispute by mediation

Where all the parties to the complaint opt and agree for mediation, they shall apply to the Commission, within five days of the direction given under sub-section (1), the Commission shall, within five days of the receipt of the application, refer the matter to be settled by mediation, and the provisions of Chapter V of the Act shall apply:

Provided that the District Commission, in the exercise of such powers, shall not refer any dispute to mediation without the written consent of all the parties to the complaint.

35

Finding of District Commission

If, after the proceeding conducted under section 32, the District Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:—

to remove the defect pointed out by the appropriate laboratory from the goods in question;

to replace the goods with new goods of similar description which shall be free from any defect;

to return to the complainant the price, or, as the case may be, the charges paid by the complainant along with such interest on such price or charges as may be decided;

to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party: 

Provided that the District Commission shall have the power to grant punitive damages in such circumstances as it deems fit;

to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;

to pay such sum as may be determined by it if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:

Provided that the minimum amount of sum so payable shall not be less than twenty-five per cent. of the value of such defective goods sold or service provided, as the case may be, to such consumers:

Provided further that the amount so obtained shall be credited in favour of such person or persons and utilised in such manner as may be prescribed;

to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;

Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Commission and at least one member thereof sitting together:

Provided that where a President, for any reason, is unable to conduct a proceeding or on leave or otherwise, the State Government may, by notification, authorise President of another District Commission to act as the President in that District for such period as may be specified:

Provided further that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member.

Every order made by the District Commission under sub-section (1) shall be signed by its President and the member or members who conducted the proceeding

Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Commission:

Provided further that the other Member shall give his opinion on such point or points referred to him within a period of two months from the date of such reference.

Review by District Commission

Any person aggrieved by the order of the District Commission, against which no ppeal has been preferred, may apply for a review of the order of the District Commission within thirty days of such order:

Provided that the District Commission shall have the power to review its orders only when there is any error apparent on the face of record.

Appeal against order of  District Commission

Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of thirty days from the date of the order, in such form and manner, as may be prescribed:

Provided that no appeal shall lie from an order passed by the District Commission under section 71 on the basis of settlement reached between the parties:

Provided further that the State Commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period:

Provided also that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount.

Composition of State Commission.

a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President:

Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court;

not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:—

and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, consumer affairs or administration:

Provided that a person shall be disqualified for appointment as a member

if he—

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or

(e) has, in the opinion of the State Government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member; or

(f) has such other disqualifications as may be prescribed by the State Government.

The State Government shall appoint a member under sub-section (1) on the recommendation of a Selection Committee consisting of the following members, namely:—

a Judge of the High Court of the State duly nominated by the Chief Justice of that State—Chairman;

Secretary in-charge of the Department dealing with Consumer Affairs in the State—Member.

The salary and allowances payable to, and other terms and conditions of service of, the President and members of the State Commissions shall be such as may be prescribed by the State Government.

Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier:

Provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixty-seven years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such reappointment is made on the basis of the recommendation of the Selection Committee:

Provided further that a person appointed as a President of the State Commission shall also be eligible for reappointment in the manner provided in clause (a) of sub-section (1) of this section:

Provided also that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (2) in place of the person who has resigned.

Notwithstanding anything contained in sub-section (4), a person appointed as the President or as a member, before the commencement of the Consumer Protection Act, 2015 shall continue to hold such office as President or member, as the case may be, till the completion of his term.

The President or Member of the State Commission on ceasing to hold office as such, shall not appear, act or plead before the State Commission or any District Commission in the State in which he had been the President or Member, as the case may be, of the State Commission.

Officers and employees of State Commission.

The State Government shall determine the nature and categories of the officers and other employees required to assist the State Commission in the discharge of its functions and provide the Commission with such officers and other employees as it may think fit.

The officers and other employees of the State Commission shall discharge their functions under the general superintendence of the President.

The salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the State Commission shall be such as may be prescribed by the State Government.

Jurisdiction of State Commission

Subject to the other provisions of this Act, the State Commission shall have jurisdiction—

complaints where the billed value of the goods or services, exceeds rupees fifty lakhs but does not exceed rupees ten crores or up to thrice the limits of the said value as may be prescribed; and

appeals against the orders of any District Commission within the State; and

to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity

A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,—

the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or

any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case the permission of the State Commission is given; or

On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before the District Commission to another District Commission within the State if the interest of justice so requires.

The State Commission shall ordinarily function in the State Capital but may perform its functions at such other place as the State Commission may decide from time to time depending on the pendency from one particular District.

Procedure applicable to State Commission.

The provisions relating to the disposal of complaints by the District Commission under sections 32, 33, 34 and 35 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the State Commission

Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of sub-section (1) of section 40 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:

Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:

Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount.

Save as otherwise expressly provided under this Act or by any other law for the time being in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Commission, if the National Commission is satisfied that the case involves a substantial question of law

An appeal may lie to the National Commission under this section from an order passed ex parte by the State Commission.

In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

The appeal shall be heard on the question so formulated and the respondent shall, after hearing of the appeal, be allowed to argue that the case does not involve such question:

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the National Commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law.

An appeal filed before the State Commission or the National Commission shall be heard as expeditiously as possible and an endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its admission:

Provided that no adjournment shall be ordinarily granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission:

Provided further that the State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment, as may be provided in the regulations made under this Act:

Provided also that in the event of an appeal being disposed of after the period so specified, the State Commission or the National Commission, as the case may be,shall record in writing the reasons for the same at the time of disposing of the said appeal.

Any person aggrieved by the order of the State Commission against which no appeal has been preferred, may apply for review of the order of the State Commission within thirty days of such order:

Provided that the State Commission shall have the power to review any order made byit, when there is an error apparent on the face of record.

Composition and powers of  National Commission

a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President:

Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India;

not less than fifteen, and not more than such number of members, as may be prescribed out of which one member shall be a woman and one each shall be from Scheduled Caste, Scheduled Tribes, Other Backward Class and minority communities,who shall have the following qualifications, namely:—

be persons of ability, integrity and standing and having adequate knowledge and experience of at least twenty years in dealing with problems relating to economics, law or, commerce or accountancy or industry or consumer affairs or administration or has held the post of not less than Secretary or of equivalent in the Central Government or State Government or persons having judicial experience for at least a period of ten years as a presiding officer at the district court or at any tribunal at equivalent level:

Provided that a person shall be disqualified for appointment as member of National Commission or for continuation as such if he—

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or

(e) has in the opinion of the Central Government such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or

(f) has so abused his position as to render his continuance in office prejudicial to public interest:

Provided further that every appointment under this clause shall be made by the  Central Government on the recommendation of a Selection Committee consisting of       the following, namely:—

(a) a person who is a Judge of the Supreme Court, to be nominated by the Chief Justice of India—Chairman;

(b) the Secretary in the Department of Legal Affairs in the Government of India—Member;

(c) the Secretary of the Department dealing with Consumer Affairs in the Government of India—Member.

The salary and allowances payable to, and other terms and conditions of service of the members of the National Commission shall be such as may be prescribed by the Central Government:

Provided that a person appointed as President or as a Member before the commencement the Consumer Protection Act, 2015 shall continue to hold such office as the President or Member, as the case may be, till the completion of his term

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:

Provided that a member shall be eligible for reappointment for another term of five years or up to the age of seventy years, whichever is earlier, subject to the condition that he  fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such reappointment is made on the basis of the recommendation of the Selection Committee:

Provided further that a person appointed as a President of the National Commission  shall also be eligible for reappointment in the manner provided in clause (a) of sub-section (1) :

Provided also that a member may resign his office in writing under his hand addressed to the Central Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (1) in place of the person who has resigned.

A Member of the National Commission, on ceasing to hold office as such, shall not appear, act or plead before the National Commission or any State Commission or District Commission.

Other officers and employees of  National Commission

The Central Government, in consultation with the President of the National Commission shall provide such number of officers and other employees to assist the National Commission in discharge of its functions as it may think fit.

The officers and other employees of the National Commission shall discharge  their functions under the general superintendence of the President, National Commission and shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code.

The salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the National Commission shall be such as may be prescribed by the Central Government.

Jurisdiction of  National Commission.

Subject to the other provisions of this Act, the National Commission shall have jurisdiction—

complaints where the billed value of the goods or services claimed exceeds rupees ten crore or up to thrice the limits of the said value as may be prescribed; and

to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

The jurisdiction, powers and Central Authority of the National Commission may be exercised by Benches thereof—

a Bench may be constituted by the President with one or more members as the President deems fit:

Provided that the senior most member of the Bench shall preside over the Bench.

if the Members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it:

Provided that the President or the Members, as the case may be, shall give his or their opinion on the point or points referred to him or them within a period of two months from the date of such reference.

Power and procedure applicable to National Commission.

The provisions relating to the disposal of complaints by the District Commission under sections 32, 33, 34 and 35 shall, with such modifications as may be considered necessary by the Commission, be applicable to the disposal of disputes by the National Commission.

Without prejudice to the provisions contained in sub-section (1), the National Commission shall have the power to review any order made by it, when there is an error apparent on the face of record.

Power to set aside ex parte orders.

Where an order is passed by the National Commission ex parte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the Commission to set aside the said order in the interest of justice

Transfer of cases.

On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission

Circuit Benches.

The National Commission shall ordinarily function at New Delhi and perform its functions at such other place as the President of National Commission, may decide from time to time.

Vacancy in office of President of Commissions.

When the office of President of a District Commission, State Commission, or of the National Commission, as the case may be, is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior most member of the District Commission, the State Commission, or of the National Commission, as the case may be

Experts to assist National Commission or State Commission.

Where the National Commission or the State Commission, as the case may be, on application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or

Appeal against order of  National Commission.

Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 49, may prefer an appeal against such order of the National Commission to the Supreme Court within a period of thirty days from the date of the order:

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:

Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent. of that amount with the Supreme Court.

Finality of  orders.

Every order of a District Commission or the State Commission or the National Commission, if no appeal has been preferred to the State Commission or the National Commission or Supreme Court, against any order under the provisions of this Act, shall be final.

Limitation period.

The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Commission, as the case may be, records its reasons for condoning such delay

Administrative control.

The National Commission shall have the Central Authority to lay down such adequate standards as the President may like to in consultation with the Central Government from time to time to make the provisions for better protection of the interests of consumers and for that purpose shall have administrative control over all the State Commissions in the following matters, namely:—

monitoring performance of the State Commission in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases;

investigating into any allegations against the President and Members of a State Commission and submitting inquiry report to the State Government concerned along with copy endorsed to the Central Government for necessary action;

issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of English translation of judgments written in any language, speedy grant of copies of documents;

overseeing the functioning of the State Commission or the District Commission either by way of inspection or by any other means the President may like to order from time to time to ensure that the objects and purposes of the Act are best served and the standards set by the President are implemented without interfering with their quasi judicial freedom.

There shall be a Monitoring Cell to be constituted by the President of the National Commission to oversee the functioning of the State Commissions from the administrative point of view.

The State Commission shall have administrative control over all the District Commissions within its jurisdiction in all matters referred to in sub-sections (1) and (2).

Notwithstanding anything contained in any of the provisions of this Act, the Central Government may, by notification, lay down such standards of performance of various functionaries of the National Commission, State Commission and District Commission including the President and the members of the Consumer Commission and on other matters concerning the Consumer Commission as may be considered necessary and supervise their functions with a view to furthering the interest of the consumers, to protect their rights and to secure them speedy, in expensive and simple dispensation of justice in Consumer Commission.

The National Commission and the State Commission shall furnish to the Central Government periodically or as and when required, any information including the pendency of cases in such form as may be prescribed

The State Commission shall furnish, periodically or as and when required to the State Government any information including pendency of cases in such form as may be prescribed by the State Government

 Enforcement of orders of  District Commission, State Commission or National Commission

Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit pending therein, and it shall be lawful for the District Commission, the State Commission or the National Commission to send, in case of its inability to execute such order, to the court within the local limit of whose jurisdiction,—

in the case of an order against a company, the registered office of the company is situated; or

in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated,

Where any order made by the District Commission, State Commission or the National Commission, as the case may be, is not complied with, such person not complying with the order shall be required to pay not less than five hundred rupees or one-half per cent. of the value of the amount awarded, whichever is higher, for each day of delay of such noncompliance of the order till it is paid, in addition to the payment of the awarded amount

Without prejudice to the provisions contained in sub-sections (1) and (2), where any order made under this Act is not complied with the District Commissions or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.

No attachment made under sub-section (3) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Commission or the State Commission or the  National Commission may award such damages, as it thinks fit, to the complainant and shall pay the balance, if any, to the party entitled thereto.

Where any amount is due from any person under any order made by a District Commission, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Commission, the State Commission or the National Commission, as the case may be, and such District Commission or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.

Dismissal of frivolous or vexatious complaints.

Where a complaint instituted before the District Commission, the State Commission or the National Commission as the case may be, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding fifty thousand rupees, as may be specified in the order.

Appeal against orders.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an appeal shall lie both on facts and on law from—

No appeal shall lie to any court from any order of a District Commission or a StateCommission or the National Commission except under sub-section (1).

Every appeal under this section shall be preferred within a period of thirty days from the date of an order of a District Commission or a State Commission or, as the case may be, the National Commission:

Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.