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Uttar Pradesh State Consumer Disputes Redressal Commission

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Uttar Pradesh State Consumer Disputes Redressal Commission
Established1986
JurisdictionUttar Pradesh
Location1/110, Amar Shaheed Path, Vikrant Khand -1, Vikrant Khand, Gomti Nagar, Lucknow, Uttar Pradesh 226010.[1]
Judge term length3 years from the date of entering office or up to 65 years of age (whichever is earlier)
Websitehttp://scdrc.up.nic.in/
President
CurrentlyJustice (retd.) Ashok Kumar

The Uttar Pradesh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in Uttar Pradesh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.

History and objective

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Uttar Pradesh State Consumer Disputes Redressal Commission was formed to promote and protect the rights of consumers as per the Consumer Protection Act 1986.[2][3][4][5]

Composition

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Following shall be the composition of Uttar Pradesh State Consumer Disputes Redressal Commission:[6][7]

  1. President and
  2. Not less than two members and not more than that prescribed in State Act.

President will be appointed by state Government in consultation with the Chief Justice of state High Court. The eligibility for president is that he should be serving or served as Judge in any High Court. Members should be of 1. Not less than 35 years of age and 2. recognised university bachelor degree 3. With good ability,integrity and standing and with proficient experience of 10 years and expertise knowledge in subjects of accountancy,law,commerce,economics,industry,administration and public affairs and problem solving ability in same.

Also not more than fifty percent of members of committee should be from judicial background.

Hon'ble Mr. Ashok Kumar is the President of Uttar Pradesh State Consumer Disputes Redressal Commission.

Levels and jurisdiction

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Uttar Pradesh State Consumer Disputes Redressal Commission was formed for promoting and protecting the rights of consumers through three levels with the below mentioned jurisdiction:[8][9][10][11]

  • District Commission (earlier referred to as District Forum) can accept complaints from consumer if the value of goods or services is up to ₹1 crore (Earlier limit was ₹20 lakh).
  • State Commission can accept complaints from consumer if the value of goods or services is more than ₹1 crore but less than ₹10 crores ( earlier limit was between ₹20 lakh and ₹1 crore).[12][13]
  • National Commission can accept complaints from consumer if the value of goods or services is more than 10 crores.

Filing complaints

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Main article: E-Daakhil

Uttar Pradesh State Consumer Disputes Redressal Commission laid down below process of filing and resolving complaints:[14][15][16]

Complaints can be filed electronically and examination of disputing parties is done through video-conferencing, which includes hearing and/or examination through any other mode. The time period for resolving dispute in case the complaint does not require analysis and testing of product quality is 3 months from the date of receipt of notice by the opposite party. However, if the complaint requires analysis or testing of product quality the time limit for resolving dispute is within 5 months. Complaints can be filed using E-Daakhil portal.

Penalties and imprisonment

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  • Manufacturers and Service providers are made punishable as a criminal offence for giving misleading information or for wrong advertisement of product.
  • Punishment may include fine of Rs 10 lakhs or imprisonment for 2 years or both.

Investigative agency

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  • Violation of consumer rights or unfair trade practices is investigated by the Investigation wing headed by Director-General level position in Central Consumer Protection Authority (CCPA).

Important terms

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Following are the important terms in Uttar Pradesh State Consumer Disputes Redressal Commission:[17][18][19]

  • As per the act "Goods" means anything purchased by consumers either in retail or wholesale from retailers or wholesalers. They can either be produced or manufactured.
  • As per the act "services" means those which are in the form of "transport,telephone,electricity,housing,banking,insurance,medical treatment etc".
  • As per the act consumer means " any person who buys any goods or hires or avails any services for a consideration which has already been paid or promised or partly paid and partly promised or under any system of deferred payment".
  • Person includes anyone buying goods, either through online system or direct or offline, by way of teleshopping, or through mode of electronic includes direct selling or in a multi-level marketing.
  • Consumer does not include person buying or availing goods or services for resale or for any other commercial purpose.
  • For the purpose of commission the terms are referred in Consumer Protection Act'2019.

Challenges

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  • The district, state and national level commissions face challenges of understaffing or non fulfillment of vacancies in time.[20][5][21]
  • The report prepared by senior advocate on the directions of Supreme Court of India found out many shortcomings in the offices of district and state consumer redressal bodies in many states of India. These include absence of storage rooms for case files, lack of member chambers for convenience of members hearing complaints, non availability of court rooms and washrooms in selective cases.[4]

See also

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References

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  1. ^ "State Consumer Disputes Redressal Commission, UP". State Consumer Disputes Redressal Commission, UP. Retrieved 1 February 2022.
  2. ^ "Consumer Protection Act, 2019: Meaning and Key Features". Jagranjosh. 23 July 2020. Retrieved 29 January 2022.
  3. ^ "Consumer commission vacancies: SC warns of imposing exemplary costs on state govts for non-compliance | India News - Times of India". The Times of India. 10 November 2021. Retrieved 28 January 2022.
  4. ^ a b "No chambers or even staff washrooms — bleak state of India's consumer courts reaches SC". ThePrint. 14 December 2021. Retrieved 27 January 2022.
  5. ^ a b "Consumer cases in district levels drop 26% in 2020". thehindubusinessline.com. 8 December 2021. Retrieved 27 January 2022.
  6. ^ "The Role Of Consumer Dispute Redressal Agencies - Academike". lawctopus.com. 14 February 2015. Retrieved 27 January 2022.
  7. ^ "Consumer Protection Act and Medical Profession - Consumer Disputes Redressal Agencies". medindia.net. Retrieved 27 January 2022.
  8. ^ "Government notifies new rules for consumer commissions; national body's jurisdiction enhanced". The Economic Times. 30 December 2021. Retrieved 27 January 2022.
  9. ^ "District Consumer Forum is now District Commission; will hear cases of value up to ₹1 crore". Hindustan Times. 16 September 2020. Retrieved 27 January 2022.
  10. ^ "NCDRC's ambit widened for faster disposal of plaints | India News - Times of India". The Times of India. 31 December 2021. Retrieved 27 January 2022.
  11. ^ "Central govt notifies new rules for enhancing consumer protection". Business Standard India. 31 December 2021. Retrieved 27 January 2022.
  12. ^ Misra, Barsha (5 November 2021). "Delayed diagnosis of Ectopic Pregnancy: Court exonerates doctor, Hospital from medical negligence". medicaldialogues.in. Retrieved 1 February 2022.
  13. ^ Misra, Anant Shekher (8 October 2022). "Uttar Pradesh: Consumer panel orders airlines to pay Rs 85.5 lakh to passenger for deboarding him | Kanpur News - Times of India". The Times of India. Retrieved 1 February 2022.
  14. ^ "New rules for consumer commissions: Government issues notification - All you need to know". Zee Business. 30 December 2021. Retrieved 27 January 2022.
  15. ^ "The State Commission, Under Consumer Protection Act". legalserviceindia.com. Retrieved 27 January 2022.
  16. ^ "Be it defective saree or tawa, consumers getting speedy justice via e-Daakhil: CCPA". The Economic Times. 26 November 2021. Retrieved 28 January 2022.
  17. ^ "Changes in India's Consumer Protection Act 2019". Lawyer Monthly | Legal News Magazine. 31 January 2020. Retrieved 27 January 2022.
  18. ^ "State Commission Under Consumer Protection Act - Composition and Powers | Law column". lawcolumn.in. 20 June 2021. Retrieved 27 January 2022.
  19. ^ "National Consumer Disputes Redressal Commission - NCDRC". legalserviceindia.com. Retrieved 29 January 2022.
  20. ^ "4 of 28 state consumer bodies at full strength, SC told, court says 'completely unacceptable'". ThePrint. 16 August 2021. Retrieved 27 January 2022.
  21. ^ "THREE TIER MECHANISM OF CONSUMER DISPUTES REDRESSAL IN INDIA WITH SPECIAL REFERENCE TO THEIR FUNCTIONING". ResearchGate. 4 (4). 2017. Retrieved 31 January 2022.
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