Professional Documents
Culture Documents
Submitted by:
Abhishek Mishra
Raipur
Submitted to:
Mr.MahendraRathore
Registrar, CGSCDRC
Introduction about commission
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 favor 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
Types
1.National Consumer Disputes Redressal Commission (NCDRC): A national level court works
for the whole country and deals with amount more than ₹10 million
2.State Consumer Disputes Redressal Commission (SCDRC): A state level court works at the
state level with cases valuing less than ₹10 million
3.District Consumer Disputes Redressal Forum (DCDRF): A district level court works at the
district level with cases valuing up to ₹2 million
Consumer movement
The consumer movement as a social force originated with the necessity of protecting and
promoting the interests of consumers against unethical and unfair trade practices. Rampant food
shortages, hoarding, black marketing, adulteration of food and edible oil gave birth to the
consumer movement in an organised form in the 1960s.
The movement succeeded in bringing pressure. A major step was
taken in 1986 by the Indian government with the enactment of the Consumer Protection Act of
1986 (COPRA)
Objectives
The main function of consumer court is to provide some extra privilege to the consumers and to
maintain fair practice by the seller or the service provider towards the consumer. Submitting
complaint is very simple and consumer has no need to hire any lawyer. Approaching a consumer
court is very simple and extremely cheap as you can represent yourself without having to hire a
lawyer and not required to pay any court fee but just a nominal fee
Jurisdiction of the State Commission.— (1) Subject to the other provisions of this Act, the State
Commission shall have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services and compensation, if any,
claimed exceeds rupees twenty lakhs but does not exceed rupees one crore;
and
(ii) appeals against the orders of any District Forum within the State; and
(b) to call for the records and pass appropriate orders in any consumer dispute which
is pending before or has been decided by any District Forum within the State,
where it appears to the State Commission that such District Forum 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.
(2) A complaint shall be instituted in a State Commission within the limits of whose
jurisdiction,—
(a) 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
(b) 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
either the permission of the State Commission is given or the opposite parties who
do not reside or carry on business or have a branch office or personally work for
gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
CASELAWS
1] A case between Laxmi Narayan VS Manager, Vandana Auto, The regional transportation
office and bajaj auto ltd. Passed on 21 may 2015 with case number 688/2014 state consumer
dispute Redressal Forum, Raipur
Laxmi Narayan Dhruw son of RamsinghDhruw Resident of v.v. vihar, Gali No. 5 Mova.……
Applicant
VERSUS
QUORUM:
1. This complaint application has been filed by laxmi Narayan under section 12 of the
consumer protection Act, 1986 against the respondents, for enforcement of the orders
dated 21.05.15 passed by this forum in consumer complaint no. 688 of 17.11.2014and as
affirmed by Hon’ble State Consumer Disputes Redressal Commission, Raipur. It is
pleaded that on 27.05.2014 the applicant had purchased a motorcycle Avenger 220 Dtsi
of red colour but in invoice and registration book, it was reported of blue colour, whose
information was soon granted to respondent no. 1 but after that it was not cleared by
respondent, beside that applicant moving several rounds to registration office for 7
months. Later on The sophisticated applicant claimed for compensation.
2. The respondent no. 1 and 3 pleaded that by error the change in colour had registered in
invoice bill. But later on instantly the respondent has been proceed to make
improvements over the invoice bill, since the applicant had sent all his documents to
RTO for registration of vehicle. So the blue colour of vehicle is mentioned in registration
book but they also proceed to make improvements on registration book. The respondent
no. 1 also informed to applicant about the improved documents but the applicant
spitefully evaded tocollect the documents.
3. Respondent no. 2 Pleaded that the registration of questionable motor vehicle has dealt by
the existing RTO procedure called dealer point registration process. In this process the
computer system has allotted a registration mark when the tax is payoff which is clear by
the annexure 1 submitted by applicant in which the vehicle colour was shown blue,
whomsoever in printed form no 21 in colour column which was Hand –cut rectified
which were not taken into cognition because the data is received online and that is valid.
4. This case has been observed that the respondent no. 1 has not submitted any documents
which proves that the colour of vehicle was rectified in registration and invoice book.
This is also not proved that the information of rectified documents was granted to
applicant. It is also not proved that the applicant was elude from it. This is our misfortune
that in this technological age it was took 7 months to simply change the words in
registration book. Definitely, this is the inferiority of service that the respondent delayed
to bestowed the rectified documents to the applicant for that the forum has provide the
reasonable compensation to the applicant for rupees 5000/- as mental agony and rupees
2000/-as litigation expenses from respondent no. 1 and 3.
5. Consequently, the forum has accepted the applicant claim for the above situation and
extracting that the respondent no. 1 and 3 are guilty for the inferiority of service and
professional malpractice and entitle to receive the compensation from respondent no. 1
and 3.
2] A case between Smt. RadhikaVerma VS Managing Director, P.A.C.L. India Ltd. Delhi,
Branch MangerP.A.C.L. Raipur, Authorized officer, P.A.C.L. Raipur passed on 11.05.2015 with
case no. 323/2014 State Consumer Dispute Redressal Commission, Raipur.
VERSUS
QUORUM:
3]. A case between Smt. KuleshwariBai VS Branch Manager, future generally India Insurance
Co. Ltd., Manager, District cooperative central Bank, Raipur passed on 13.03.2015 with case no.
453/2014 State Consumer Dispute Redressal Commission, Raipur
VERSUS
1. Branch Manager, Future Generally India Insurance Co. Ltd., branch office Maruti
Business Park, G.E.Road, Raipur(C.G.)
2. Manager, District cooperative Central Bank, Infront of District Hospital, G.E. Road,Durg
(C.G.) ……Respondent
QUORUM: