Theoretical overview
Consumer Disputes Redressal Commissions (CDRCs) will be set up at the district, state, and national levels. A consumer can file a complaint with CDRCs in relation to: (i) unfair or restrictive trade practices; (ii) defective goods or services; (iii) overcharging or deceptive charging; and (iv) the offering of goods or services for sale which may be hazardous to life and safety.
District Commission
A district commission includes a president (who can be a working or retired judge of the District Court) and two other members. They are appointed by the state government. One can file a complaint for goods and services of ₹1 crore or less in this agency. For the complaints filed, if the district commission feels a requirement, it sends the goods to the laboratory for testing and gives its decision based on the laboratory report and facts.
If the aggrieved party is not happy with the jurisdiction of the district commission, then they can appeal against the judgment of this agency in the State Commission within 45 days.
State Commission
A state commission includes a president (who must be a working or retired judge of the High Court) and at least two other members. They are appointed by the state government. One can file a complaint of goods and services worth less than ₹10 crores and more than ₹1 crore in this agency. After receiving a complaint from the aggrieved party, the state commission contacts the party against whom the complaint has been filed. Also, for the complaints filed, if the state commission feels a requirement, it sends the goods to the laboratory for testing.
If the aggrieved party is not happy with the jurisdiction of the state commission, then they can appeal against the judgment of this agency in the National Commission within 30 days by depositing 50% of the fine money.
National Commission
A national commission includes a president and four other members one of whom shall be a woman, and Central Government appoints them. One can file a complaint of goods and services worth more than ₹10 crores in this agency. After receiving a complaint from the aggrieved party, the national commission informs the party against whom the complaint has been filed. Also, for the complaints filed, if the state commission feels a requirement, it sends the goods to the laboratory for testing, and then gives judgement based on the reports.
If the aggrieved party is not happy with the jurisdiction of the national commission, then they can appeal against the judgment of this agency in the Supreme Court within 30 days by depositing 50% of the fine money.
Reliefs or Remedies available to Consumers on Complaints filed
- A consumer has the relief of removing the defects in the service.
- They can get the defective product replaced with the new one, which is non-defective.
- The consumers can also get a refund of the price paid for the goods or charges paid for the service.
- Consumers also have a relief to remove or withdraw hazardous goods from the market.
- If the consumer suffers a loss or injury because of the negligence of the opposite party, then he/she has the relief of getting a reasonable amount of compensation.
Important difference
| Basis | Consumer Protection Act 1986 | Consumer Protection Act 2019 |
| jurisdiction | The jurisdiction under Consumer Protection Act 1986 was District Forum (up to ₹20 Lakhs), State Commission (₹20 Lakhs to ₹1 Crore), and National Commission (above ₹1 Crore). | The jurisdiction under Consumer Protection Act 2019 is District Commission (up to ₹1 Crore), State Commission (₹1 Crore to ₹10 Crore), and National Commission (₹10 Crore and above). |
| Regulator | During this Act, no such provision was there. | Under this Act, a Central government protection authority is to be formed. |
| MRP/Purchase Price | Under this Act, MRP was a criterion for deciding the jurisdiction. | Under this Act, the discounted price or actual purchase price is used to decide jurisdiction. |
| E-Commerce | Under this Act, there was no mention of E-Commerce. | Under this Act, every provision applicable to the direct seller is also applicable to the E- |
Points to remember
- Consumer Disputes Redressal Commissions (CDRCs) will be set up at the district, state, and national levels.
- A district commission includes a president (who can be a working or retired judge of the District Court) and two other members
- . One can file a complaint of goods and services worth less than ₹10 crores and more than ₹1 crore in this agency.
- A state commission includes a president (who must be a working or retired judge of the High Court) and at least two other members. They are appointed by the state government. One can file a complaint of goods and services worth less than ₹10 crores and more than ₹1 crore in this agency
- A national commission includes a president and four other members one of whom shall be a woman, and Central Government appoints them. One can file a complaint of goods and services worth more than ₹10 crores in this agency
