CONSUMER LAW
Consumer disputes Upto Rs. 20 Lakh may be entertained by the District Consumer Forum of Respective State. Only those disputes which are covered under the definition of consumer, under section 2 of the consumer protection act, 2019, shall be dealt by the Consumer Forum which having the Pecuniary as well as Territorial jurisdiction.
If any deficiency found in goods or services by any seller, the provision of this act attracts.
As per section section 2(11) of consumer protection act,2019
(11) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—
(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and
(ii) deliberate withholding of relevant information by such person to the
consumer;
Hence any deficiency in service lead to the consumer disputes, and to resolve the same one has to go consumer forum as per Law.
Consumer disputes from exceed to 20 Lakh to Upto Rs. 1 crore may be entertained by the State commission forum. Apart From these the State consumer Forum has the appellant Jurisdiction over the matters. The matters which are unsolved or the dispute is not resolved if appeared in the opinion of any one of the Parties, has the right to appeal before the Hon’ble State Consumer Forum of the respective state. However the time of the state consumer court often known as state consumer forum is very precious hence, matters which are not appeal-able should not be filled before it as the pend-ency of the cases in India is increasing day by day.
as Per section 41 of consumer protection Act, 2019
“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 forty-five days from the date of the order, in such form and manner, as may be prescribed:”
Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five 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 District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed:
Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under
section 80.
Consumer disputes exceed Rs. 1 crore may be entertained by the National consumer commission. Alike the State consumer Forum the national forum also have the appellant jurisdiction over the consumer disputes.
As per section 51 of Consumer Protection Act, 2019
51. (1) Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 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 fifty per cent. of that amount in the manner as may be prescribed.
(2) 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.
(3) In an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
(4) Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that 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.
(5) An appeal may lie to the National Commission under this section from an order passed ex parte by the State Commission.
