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Published on: 13/05/2022
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Questions + Answers key
Take MCQ Commerce Test1.
How to create consumer awareness?
2.
What is Voluntary Consumer Organisations? Explain its Functions.
3.
Explain the term District Forum and explain the functions of District Forum.
4.
Explain the overall performance of State Commission.
5.
Explain the overall performance of the National Commission.
1.
The first priority of a consumer organisation is to accelerate consumer awareness towards their rights. To accomplish this task the following efforts are made:
(i) To publish brochures, journals and monographs.
(ii) To arrange conferences, seminars and workshops.
(iii) To educate consumers to help themselves.
(iv) To provide special education to women about consumerism.
2.
(i) Consumer is a broad label for any individuals or households that use goods and services produced within the economy.
(ii) Voluntary consumer organizations refer to the organisation formed voluntarily by the consumers to protect their rights and interests.
Functions :
(i) A wide network of Voluntary Consumer Organisation (VCO) is doing commendable work to raise awareness amongst consumers.
(ii) To strengthen consumer protection and welfare and to provide counselling, guidance and mediation services.
(iii) VCO's supported through CWF provides grants for diverse projects including comparative testing of products and services and dissemination of the findings
(iv) Steps have been taken to enhance transparency and to digitalize the governments interface with its citizens.
3.
1. As per the Consumer Protection Act of1986 and Section 9 there of the establishment of a District Forum by the State Government in each district is necessary today to protect the interest of aggrieved consumers in that district.
2. The State Government can establish more than one District Forum in a district if it deems fit to do so.
3. Complaints can be filed with the forum by a consumer.
4. The District Forum can entertain complaints within the territory of genuine district and where the value of goods or services and the compensation if any claimed is less than Rs. 20 Lakhs.
5. District Forum also may pass orders against traders indulging in unfair trade practices, sales of defective goods or rendering deficient services.
4.
The State Commission is to be appointed by the State Government in consultation with the Centre. It has the same function as state level. the state consumer protection council is also known as "Consumer Disputes Redressal Commission". Ihe State Consumer Protection Council is also called State Commission.
Members : Each Sate Commission shall consist of the following members.
(i) A person who is or has been a Juclge of a High Court appointed by the State Government as its President.
(ii) Two other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with problems relating to economics, law, commerce, industry, public affairs or administration
of them, one shall be a woman.
Jurisdiction : The Jurisdiction of the State Commission is as follows.
(i) The State Commission can entertain complaints within the territory of entire state and where the value of the goods or services and the compensation, if any claimed exceed Rs. 20 lakhs and below Rupees One Crore.
(ii) The State Commission also has the jurisdiction to entertain appeals against the orders of any District Forum within the State.
Powers : The following are the powers of the State Commission.
(i) The State Commission also has the power 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.
(ii) To furnish such information that may be required for the purposes of the Act to any officer so specified.
Appellate Forum
(i) The State Commission's jurisdiction may be original, appellate or revision.
(ii) Any person aggrieved by an order of the State Conmission may prefer an appeal to the National Conmmissionwithin 30 days
from the date of such order.
5.
The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The commission is headed by a serving or retired judge of the Supreme Court of India. The National Consumer Disputes Redressal Commission (NCDRC) is also called as National Commission.
Members
The National Consumer Disputes Redressal Commission has been constituted by a Notification.
(i) The National commission should have five members.
(ii) One should be from judiciary.
(iii) Four other members of ability, knowledge and experience from any other fields.
(iv) It should include a woman.
Jurisdiction
Section 21 of The Consumer Protection Act, 1986 describes, the National Commission shall have jurisdiction
(i) To entertain a complaint valued more than 1 Crore.
(ii) Revised the orders of State Commissions.
(iii) To call for the records and pass appropriate orders from the State Commission and District Forum.
Powers
(i) Adoption of uniform procedure in the hearing of the matters is followed in the National Commission
(ii) Prior service of copies of documents produced by one party to the opposite parties.
(iii) Speedy grant of copies of documents are issued by the National Commission.
(iv) Generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Consumer protection Act are best served, without interfering with their quasi-judicial freedom.
Appellate Forum
(i) 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.
(ii) Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of National Commission may prefer an Appeal against such order to Supreme Court of India within a period of 30 days.
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