Consumer Dispute Redressal Agency

THAKUR RAMNARAYAN COLLEGE OF LAW
ACADEMIC YEAR: 2023 – 2024
SUBJECT: LAW OF TORT
PROJECT TOPIC: Consumer Dispute Redressal Agency
NAME: AKANKSHA ATUL SABHARWAL
CLASS: FYLLB
DIV: B
ROLL NO: 75
SUBMITTED TO: PROF. SHRUTI PANDIT
SUBMISSION DATE:
_______________ _______________
Student Signature Faculty Signature
TABLE OF CONTENT
CONTENT Pg.no
1. Introduction 1
2. History 2
3. Definition 3
4. Objective 4
5. Comsumer Dispute Redressal Agency 6
6. District Forum 6
6. State Commission 12
7. National Commission 14
8. Ministry of Consumer Affair's Online Portal 17
9. Limitation Period 20
10. Dismissal of Frivolous or Vexatious Complaints 21
11. Penalties 21
12. Conclusion and Suggestion 22

ACKNOWLEDGEMENT
I am using this opportunity to express my heartfelt gratitude to all those who have
contributed to the successful completion of this project. This endeavor has been a
journey of exploration, learning, and meaningful insights.
I extend my sincere gratitude to Dr. A.K. Singh, the esteemed Principal of Thakur
Ramnarayan College of Law. His profound knowledge, encouragement, and
commitment to academic excellence have been instrumental in shaping the quality
and direction of this research.
I would like to express my sincere thanks to Prof. Shruti Pandit, whose guidance
and support have been invaluable throughout the research process. Prof. Shruti
Pandit provided valuable insights, constructive feedback, and unwavering
encouragement, shaping the direction of this project.
I am also grateful to the authors of the legal texts, judgments, and scholarly articles
that formed the foundation of my project. Their contributions laid the groundwork
for a comprehensive understanding of consumer protection laws, redressal agencies
and their evolution in India.
Furthermore, I appreciate the assistance and cooperation received from the library
staff and online resources that facilitated access to relevant legal literature and case
law.
Consumer Dispute Redressal Agency
INTRODUCTION
Consumer Protection has its roots in the rich soil of our civilization. Human
values and ethical practices were given great importance in ancient India. The
need for consumer protection is recognized by law makers in India in ancient
times. It was very well realized that a consumer is prone to exploitation on the
part of providers of goods and services.
It is the duty of every organization to satisfy consumers by providing quality

goods and services at the right place, time and in the right quantity at a fair price.
For fifty-five years, the Sale of Goods Act of 1930 (SGA) was the main source
of consumer protection in India. The SGA was the exclusive consumer legislation
until 1986, with the passage of the Consumer Protection Act of 1986, designed
to supplement the remedies already provided under the SGA.1
After that, India celebrates National Consumer Rights Day on 24th December
every year to spread awareness about consumer rights and responsibilities. This
day commemorates the day when Consumer Protection Act received the assent
of the President on 24th December 1986 and came into force.
Also, the inspiration behind World Consumer Rights Day was John F.
Kennedy, the former President of the United States. He was the first world leader
to address the issue of consumer rights in a special message to the US Congress
on 15 March,1962
1 https://vakilsearch.com/blog/role-of-consumer-dispute-redress-al-agencies/ (Last visited 20/11/23)
Thakur Ramnarayan College of Law 1

Consumer disputes need to be resolved quickly. In many cases, there are no

complaints lodged, but the aggrieved party always prefers a quick resolution. This
is where consumer dispute redressal agencies come in.
Complaint filing has become more easier through E-Daakhil developed under the
Consumer Protection Act 2019 on Jago Grahak Jago site of the Ministry of
Consumer Affairs. Consumer dispute redressal agencies are bodies set up to
handle consumer complaints. They are set up by the state and the federal
government and have the right to enforce certain rules.2
HISTORY
The Consumer Protection Act has undergone many changes in 1991, 1993
followed by a significant commencement in December 2002
On July 20, 2020, the act was replaced by the Comsumer Protection Act 2019 to
widen the scope of consumer rights
The 2019 act has also introduced the concept of an unfair contract, this protects
consumers from contract terms that violate their rights.
Accordingly imposing an unreasonable condition that puts one party in a

disadvantage position is prohibited under a new aspect introduced in 2019 act
which was not included in the previous act of 1986, which was misleading online
advertisement.
2
https://vakilsearch.com/blog/role-of-consumer-dispute-redress-al-agencies/ (Last visited 20/11/23)

DEFINITION
The Consumer Protection Act, 1986 is an Indian legislation designed to safeguard

the rights of consumers and address grievances related to defective goods, unfair
trade practices, and deficiencies in services. It aims to ensure consumer rights,
such as the right to be informed, right to choose, right to be heard, and right to
seek redressal.
As per sec. 2(d) of the Act, ‘consumer’ has been defined as any person who:
 buys any goods for a consideration which has been paid or promised or
partly paid and partly promised, or under any system of deferred payment,
and includes any user of such goods other than the person who buys such
goods for consideration paid or promised or partly paid or partly promised,
or under any system of deferred payment when such use is made with the
approval of such person, but does not include a person who obtains such
goods for resale or for any commercial purpose; or
 hires or avails of any services for a consideration which has been paid or
promised or partly paid and partly promised, or under any system of
deferred payment, and includes any beneficiary of such services other than
the person who hires or avails of the services for consideration paid or
promised, or partly paid and partly promised, or under any system of
deferred payment, when such services are availed of with the approval of
the first mentioned person.3
3 The Consumer Protection Act,1986, § 2, 68, Acts of Parliament,1986.

 According to Section 2 (1)(e) of the Act, ‘Consumer Dispute’ means a

dispute where the person against whom a complaint has been made, denies
or disputes the allegations contained in the complaint.
If the person agrees to the complaint, there is no consumer dispute.
 According to Section 2 (1)(f) of the Act, ‘Defect’ means any fault,

imperfection or shortcoming in the quality, quantity, potency, purity or
standard which is required to be maintained by or under any law for the
time being in force under any contract, express or implied or as is claimed
by the trader in any manner whatsoever in relation to any goods;4
OBJECTIVE
The Consumer Protection Act seeks to provide for better protection of the
interests of consumers and for the purpose, to make provision for the
establishment of Consumer councils and other authorities for the settlement of
consumer disputes and for matter connected therewith.
 It seeks, inter alia, to promote and protect the rights of consumers such
as-
a)
The right to be protected against marketing of goods which are hazardous
to life and property;5
4
The Consumer Protection Act,1986, § 2, 68, Acts of Parliament,1986.
5 https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html (Last visited 23/11/23)

b)
The right to be informed about the quality, quantity, potency, purity,
standard and price of goods to protect the consumer against unfair trade
practices;
c) The right to be assured, wherever possible, access to an authority of goods

at competitive prices;
d) The right to be heard and to be assured that consumers interests will receive
due consideration at appropriate forums;
e) The right to seek redressal against unfair trade practices or unscrupulous

exploitation of consumers; and
f) Right to consumer education.6
 These objects are sought to be promoted and protected by the Consumer

Protection Council to be established at the Central and State level.
 To provide speedy and simple redressal to consumer disputes, a quasi-

judicial machinery is sought to be set up at the district, State and Central
levels. These quasi-judicial bodies will observe the principles of natural
justice and have been empowered to give relief of a specific nature and to
award, wherever appropriate, compensation to consumers. Penalties for
noncompliance of the orders given by the quasi-judicial bodies have also
been provided.7
6 https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html (Last visited 23/11/23)

7
https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html (Last visited 23/11/23)

CONSUMER DISPUTE REDRESSAL AGENCIES
The Act provides for the establishment of three tier Redressal Agencies for the
redressal of consumer disputes known as "Consumer Disputes Redressal
Agencies". Every agency is empowered to entertain complaints from the
consumers within its jurisdiction and to provide relief to the consumers.8
Section 9 of the Act provides for the establishment of the following agencies—
1. District Forum;
2. State Commission;
3. National Commission.
DISTRICT FORUM
This shall consist of:
 A person who is, or has been, or is qualified to be a District Judge, its

President
 Two other members shall be persons of ability, integrity and standing and
have adequate knowledge or experience or have shown capacity, in dealing
810, Dr J.N Pandey, Law Ff Torts with Consumer Protection Act and Motor Vehicles Act 489 (Central Law
Publications 2023)

 with problems relating to economics, law, commerce,9 accountancy,

industry, public affairs or administration, one of whom shall be a woman.10
 Jurisdiction of the District Forum
The District Forum shall have jurisdiction to entertain complaints where the value
of services and compensation claimed does not exceed Rupees Fifty Lakhs.
Manner in which complaint shall be made
 A complaint may be filed with a District Forum by -
 The consumer to whom such service is provided or is agreed to be

provided;
 Any recognized consumer association, whether the consumer to whom the
service is provided or is agreed to be provided is a member of such
association or not;
 One or more consumers, where there are numerous consumers having the
same interest, with the permission of the district forum, on behalf of or for
the benefit of all consumers so interested;

The Central or the State Government.11
Publications 2023)
Publications 2023)
11https://www.medindia.net/indian_health_act/consumer_protection_act_and_medical_profession_consume
r_disputes_redressal_agencies.htm (Last visited 23/11/23)

 Procedure on receipt of Complaint
The District Forum shall on receipt of a complaint -
 Refer a copy of such complaint to the opposite party directing him to give
his version of the case within a period of 30 days or such extended period
not exceeding 15 days as may be granted by the District Forum.

Where the opposite party, on receipt of a copy of the complaint, denies or
disputes the allegations contained in the complaint, or omits or fails to take
any action to represent his case within the time given by the District Forum,
the District Forum shall proceed to settle the consumer dispute,
(i) On the basis of evidence brought to his notice by the complainant and
the opposite party, where the opposite denies or disputes the allegations contained
in the complaint; or
(ii) On the basis of evidence brought to its notice by the complainant where
the opposite party omits or fails to take any action to represent his case within the
time given by the Forum;
(iii) Where the complainant or his authorised agent fails to appear before
the District Forum on such day, the District Forum may in its discretion either12

dismiss the complaint in default or if a substantial portion of the evidence of the

complainant has already been recorded, decide it on merits.
Where the opposite party or its authorized agent fails to appear on the day of
hearing, the District Forum may decide the complaint ex-parte.
(iv) Where any party to a complaint to whom time has been granted fails
to produce his evidence or to cause the attendance of his witnesses or to perform
any other act necessary to the further progress of the complaint, for which time
has been allowed, the District Forum may notwithstanding such default: -
(a) If the parties are present, proceed to decide the complaint forthwith; or
(b) if the parties or any of them is absent, proceed as mentioned above in

(b) (iii)
(v) The District Forum may, on such terms as it may think fit at any stage,
adjourn the hearing of the complaint but not more than one adjournment shall
ordinarily be given and the complaint should be decided within 90 days from the
date of notice received by the opposite party where complaint does not require
analysis or testing of the goods and within 150 days if it requires analysis or
testing of the goods.13

 Findings of the District Forum
If, after the proceedings, the District Forum is satisfied that any of the allegations
contained in the complaint about the services are proved, it shal issue an order to
the opposite party directing him to do one or more of the following things:
1. To return to the complainant the charges paid.
2. Pay such amount as may be awarded by it as compensation to the

consumer for any loss or injury suffered by the consumer due to the negligence
of the opposite party.
3. To remove the deficiency in the services in question.
4. To provide adequate costs to parties.14
 Appeal against orders of the District Forum
Any person aggrieved by an order made by the District Forum may appeal
against such an order to the State Commission within a period of 30 days from
the date of the order. The State Commission may entertain an appeal after 30 days
if it is satisfied that there was sufficient cause for not filing it within that period.15

15 10, Dr J.N Pandey, Law Ff Torts with Consumer Protection Act and Motor Vehicles Act 502 (Central Law
Publications 2023)

 Basant Kumar V. The United India Insurance Co
 Facts
Petitioner owns a Mahendra Jeep 1995 Model which is insured with the
respondent-United India Insurance Company Ltd. On 4-1-99, the Jeep was
involved in an accident, and the petitioner lodged a claim for the damage caused.
The surveyor assessed the net loss at Rs. 12,060/-. However, the petitioner
claimed the damage to the extent of Rs. 67,764/-. A complaint was filed before
the District Consumer Forum, which was resisted by the Insurance Company.
After considering the material on record, the District Forum found that the chassis
was not in good condition, which was the cause of the accident. Therefore, the
District Forum ordered the Insurance Company to pay the labour charge of
replacement of chassis amounting to Rs. 12,060/- and the cost of a new chassis
amounting to Rs. 28,440/-. The total amount awarded was Rs. 40,500/-, with
interest on the cost of the new chassis at the rate of 12% p.a. from 18-5-99. The
District Forum also awarded Rs. 1,000/- as costs of the proceedings.
 Issue
Whether the appropriate remedy for the complaint is to raise the dispute for
adjudication of the Arbitrator in accordance with the terms and conditions of the
policy.16
16 Basant Kumar vs The United India Insurance Co, P-14, dated 2-5-2002

 Decision
The Court below held that the appropriate remedy for the complaint is not to
raise the dispute for adjudication of the Arbitrator. The Insurance Company
deposited the amount as ordered by the District Consumer Forum. The order
passed under the Consumer Protection Act is final.17
STATE COMMISSION
It shall consist of -
1. a person who is or has been a Judge of a High Court, who shall be its President;
2. two other members (as for District Forum).18
 Jurisdiction of the State Commission
The State Commission has jurisdiction to entertain -
1. Complaints where the value of services and compensation claimed

exceeds rupees 50 lakhs but does not exceed rupees 2 Crores;
2. appeals against the orders of any District Forum within the state;
3. revision petitions against the District Forum.19
17 Basant Kumar vs The United India Insurance Co, P-14, dated 2-5-2002
Publications 2023)
Publications 2023)

 Procedure to be followed by State Commission
Procedure to be followed by the state commission is same as for District Forum.
 Procedure for hearing appeals
The State Commission may, on such terms as it may think fit and at any stage,
adjourn the hearing of appeal, but not more than one adjournment shall ordinarily
be given and the appeal should be decided within 90 days from the first date of
hearing.
 Appeals against orders of State Commission
Any person aggrieved by an order made by the State Commission may appeal
against such order to the National Commission within a period of 30 days. The
National Commission may entertain an appeal after 30 days if it is satisfied that
there was sufficient cause for not filing it within that period.20

NATIONAL COMMISSION
This shall consist of -
1. a person who is or has been a Judge of the Supreme Court, who shall be its
President. (No appointment under this clause shall be made except after
consultation with the Chief Justice of India).
2. 4 other members (qualifications: As for District Forum /State

Commission).213. The Commission is presently headed by Hon'ble Mr. Justice
Amreshwar Pratap Sahi, former Chief Justice of Patna and Madras High Courts
 Jurisdiction of the National Commission
The National Commission shall have jurisdiction -
(a) To entertain
(i) Complaints where the value of services and compensation claimed

exceeds rupees 2 Crores; and
(ii) Appeals against the orders of any State Commission.
(b) To entertain revision petition against the State Commission.22
Publications 2023)
Publications 2023)

 Procedure to be followed by the National Commission
A complaint containing the following particulars shall be presented by the

complainant in person or by his agent to the National Commission or be sent by
registered post, addressed to the National Commission:-
1. the name, description and the address of the complainant;
2. the name, description and address of the opposite party or parties, as the case
may be, so far as they can be ascertained;
3. the facts relating to the complaint and when and where it arose;
4. documents in support of the allegations contained in the complaint;
5. the relief which the complainant claims.
The remaining procedure and the procedure for hearing the appeal is similar to
that for the State Commission.23
 Appeal against orders of the National Commission
Any person, aggrieved by an order made by the National Commission, may

appeal against such an order to the Supreme Court within a period of 30 days
from the date of the order. The Supreme Court may entertain an appeal after 3
days if it is satisfied that there was sufficient cause for not filing it within that
period.24
Publications 2023)
Publications 2023)

 Lourdes Society Snehanjali Girls Hostel and Another V.

M/s. H & R Johnson (India) Ltd. & Others
 Facts
Lourdes Society Snehanjali Girls Hostel (Appellant 1) is a society registered

under the Societies Registration Act and also a trust registered under the Trust
Registration Act. On 2-2-2000, the appellant Society purchased vitrified glazed
floor tiles from H&R Johnson (India) Ltd. (Respondent 5). The tiles were found
to be defective and the appellant Society filed a complaint before the Gujarat
State Consumer Disputes Redressal Commission, Ahmedabad. The State
Commission dismissed the complaint and confirmed the order passed by the
District Forum. Respondents 1-4 filed a revision petition before the National
Consumer Disputes Redressal Commission, New Delhi, which allowed the
petition and set aside the order of the State Commission.
 Issue
Whether the appellant Society is a consumer within the meaning of Section

2(1)(d) of the Consumer Protection Act, 1986.
 Decision
The Supreme Court allowed the appeal and set aside the order of the National
Commission. The Court restored the order of the District Forum, which was
affirmed by the State Commission. The Court held that the appellant Society is

a consumer within the meaning of Section 2(1)(d) of the Consumer Protection

Act, 1986, and that the National Commission erred in holding otherwise.25
The Court further held that the National Commission should not have interfered
with the concurrent findings of fact recorded in the order of the State
Commission, particularly having regard to the nature of the jurisdiction conferred
upon it by Section 21 of the Consumer Protection Act, 1986. The Court awarded
costs of Rs. 50,000 to the appellant Society.26
MINISTRY OF CONSUMER AFFAIR’S ONLINE PORTAL
This website of the Department facilitates consumers to access various services

on a single platform. The portal has been developed under the Consumer
Protection Act 2019. Which came into force in July 2020.
All deprived and aggrieved consumers can access the portal to register
consumer complaints online from anywhere in India, pay the charge
electronically, and track the process.
♦ Salient Features -
 Provision of seeking compensation for Injury caused due to defective

product or deficiency in service.
25 Lourdes Society Snehanjali Girls Hostel and Another v/s M/s. H & R Johnson (India) Ltd. & Others, Civil
Appeal No. 7223 of 2016.
26
Lourdes Society Snehanjali Girls Hostel and Another v/s M/s. H & R Johnson (India) Ltd. & Others, Civil
Appeal No. 7223 of 2016.

 Punishment by a competent court to manufacturer or seller of adulterated

/ spurious goods.
 No Fee to file Consumer Complaints that value up to Rs. 5 Lakhs.
 Provision of Hearing Complaints through Video Conferencing in various
Consumer Commissions.27
 Mandatory Acknowledgement of Consumer Complaints by e-Commerce
Entity within 48.
 e-Commerce Entity to Redress Complaints within one month from the
date of receipt.
♦ Major Milestones -
Portal launched for-
• 28 States / 5 UTs for respective State Commissions
• 13 Circuit Benches
• 651 District Commissions
The Portal was launched for NCDRC on 7th September 2020.
 Number of States/UTs (Year- wise)
2022
Rajasthan Manipur, Taml Nadu, Arunachal Pradesh, Meghalaya, Assam,

Kerala, Mizoram, Puducherry
2021
27 https://jagograhakjago.gov.in/ (Last visited 2/12/23)

Punjab, Karnataka, Haryana, Tripura, Uttarakhand, Telengana, Himachal

Pradesh, Goa, Lakshadweep, Sikkim, Nagaland, West Bengal
2020
NCDRC, Delhi, Maharashtra, Andaman Nicobar, Andhra Pradesh, Bihar,

Chandigarh, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Orissa, Uttar
Pradesh28
♦ Status of admitted and disposed cases
Figure 1
♦ Social Impact & Benefits
Online Payment, filing from anywhere in India
Consumer can file a complaint for the redressal from anywhere. edaakhil
application also provides facility to pay the complaint fees online and uploading
the case documents by the consumer.
Grievance Redressal For Marginalized Consumer
Filing a complaint in any court / tribunal commission is always a challenge for

the rural public in India. eDaakhil application provides an easy to access

platform where the marginalized consumer can reach to the consumer

commission for the redressal of their grievances.
♦ E-filing of Consumer Complaint at Consumer Forums of India
Online New Complaint Filing
If you are a registered user on the Edaakhit online portal, a digital platform to
file consumer complaints29
 Case Filing Process

 Case Details
 Additional Complainant Details
 Additional Opposite Party Details
 Upload Documents
 Finalize and Submit30
LIMITATION PERIOD (section 24-A))
The District Forum, the State Commission or the National Commission shall not
admit a complaint unless it is filed within 2 years from the date on which the
cause of action has arisen. In case there are sufficient grounds for not filing the
complaint within such period, extension may be granted.
In Dr. V.N. Shrikhande v. Mrs. Anita Sena Fernandes, the

respondent/patient had stones in her gall bladder and appellant/doctor


performed 'Open Cholecystectomy' on her in the year 1993 and piece of

guaze was said to have been left in the abdomen of the patient. After
discharge from appellant's hospital, patient suffered pain in her abdomen
off and on, and that account she was restless for 9 years. But she never
contacted the appellant and apprised him about her pain and agony.Piece
of guaze was discovered in year 2002 when she was again operated upon.
Thereafter she filed complaint but the respondent had not explained as to
why she kept quiet for about 9 years despite pain.31
 It was held that the long silence on her part militates against bona fides of
her claim for compensation and Discovery Rule cannot be invoked for
recording a finding that cause of action accrued to her in November, 2002
when piece of guaze was discovered. Therefore, the complaint filed by her
in year 2004 would be barred by limitation.32
DISMISSAL OF FRIVOLOUS OR VEXATIOUS

COMPLAINTS (section 26)
Where a complaint instituted before the District Forum, the State Commission or
the National Commission, as the case may be, is found to be frivolous or
vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint
and make an order that the complainant shall pay to the opposite party such cost,
not exceeding 10,000 rupees, as may be specified in the order
Publications 2023)
Publications 2023)

PENALTIES (section 27)
 Where a person against whom a complaint is made or the complainant fails

or omits to comply with any order made by the District Forum, the State
Commission or the National Commission, as the case may be, such person
or complainant shall be punishable with imprisonment for a term which
shall not be less than one month but which may extend to three years, or
with fine which shall not be less than 2,000 rupees but which may extend
to 10,000 rupees or with both. In exceptional circumstances the penalties
may be reduced further.33
 The new clause (2) of S. 27 inserted by the Amendment Act, 2002 confers
on the District Forum, the State Commission and the National Commission
the power of a Judicial Magistrate of first class for the trial of offences
under the Act. On such conferment of powers, the District Forum, the State
Commission and the National Commission shall be deemed to be judicial
Magistrate of the first class of the purpose of the code of Criminal
Procedure 1973.34
Publications 2023)
Publications 2023)

CONCLUSION AND SUGGESTION
Conclusion:
The Consumer Protection Act of 1986 in India serves as a crucial legal

framework to safeguard the rights of consumers and address grievances related
to defective goods, unfair trade practices, and deficiencies in services. Over the
years, it has established a three-tier system of Consumer Disputes Redressal
Agencies, comprising District Forums, State Commissions, and the National
Commission, to provide accessible and efficient resolution mechanisms for
consumer disputes.
The objectives of the Consumer Protection Act are to protect consumers from
hazardous goods, ensure the right to information, promote fair trade practices,
facilitate access to goods at competitive prices, provide avenues for redressal,
and encourage consumer education.
The establishment of Consumer Protection Councils at various levels

underscores the commitment to consumer rights. The quasi-judicial machinery
set up at different levels is designed to adhere to principles of natural justice and
offer speedy resolution. The Act also specifies the jurisdiction, procedures, and
timeframes for each tier of the redressal agencies.

Suggestion:
while the Consumer Protection Act of 1986 has laid a strong foundation for
consumer rights in India, continuous efforts in education, procedural efficiency,
and adaptability are crucial for its continued success in the dynamic landscape
of consumer-business relations –
 Enhanced Consumer Education: Strengthening consumer education

programs can empower individuals to make informed choices and better
understand their rights. This can contribute to a proactive approach in
preventing consumer disputes.
 Streamlined Procedures: Continual efforts should be made to streamline
and expedite the dispute resolution procedures. This involves efficient
case management, timely hearings, and adherence to prescribed timelines
to ensure quick redressal.
 Awareness Campaigns: Regular awareness campaigns should be
conducted to inform consumers about their rights and the avenues
available for dispute resolution. This can contribute to a proactive and
vigilant consumer base.

REFERENCES
Bibliography
The Consumer Protection Act,1986(68 of 1986), Bare act (Professional Book

Publisher 2023)
Dr. J.N.Pandey, Law of Torts,10, pg 489-518(Central Law Publication 2023)
Webliography
https://vakilsearch.com/blog/role-of-consumer-dispute-redress-al-agencies/ (Last visited

20/11/23)
https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html (Last visited
23/11/23)
https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html (Last visited
23/11/23)
https://www.medindia.net/indian_health_act/consumer_protection_act_and_medical_professi
on_consumer_disputes_redressal_agencies.htm (Last visited 23/11/23)
https://jagograhakjago.gov.in/ (Last visited 2/12/23)
Basant Kumar vs The United India Insurance Co, P-14, dated 2-5-2002
Lourdes Society Snehanjali Girls Hostel and Another v/s M/s. H & R Johnson (India) Ltd. &
Others, Civil Appeal No. 7223 of 2016.

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THAKUR RAMNARAYAN COLLEGE OF LAW

ACADEMIC YEAR: 2023 – 2024

SUBJECT: LAW OF TORT

PROJECT TOPIC: Consumer Dispute Redressal Agency

NAME: AKANKSHA ATUL SABHARWAL

SUBMITTED TO: PROF. SHRUTI PANDIT

5. Comsumer Dispute Redressal Agency 6

8. Ministry of Consumer Affair's Online Portal 17

10. Dismissal of Frivolous or Vexatious Complaints 21

12. Conclusion and Suggestion 22

It is the duty of every organization to satisfy consumers by providing quality

1 https://vakilsearch.com/blog/role-of-consumer-dispute-redress-al-agencies/ (Last visited 20/11/23)

Thakur Ramnarayan College of Law 1

Consumer disputes need to be resolved quickly. In many cases, there are no

Accordingly imposing an unreasonable condition that puts one party in a

Thakur Ramnarayan College of Law 2

The Consumer Protection Act, 1986 is an Indian legislation designed to safeguard

3 The Consumer Protection Act,1986, § 2, 68, Acts of Parliament,1986.

Thakur Ramnarayan College of Law 3

 According to Section 2 (1)(e) of the Act, ‘Consumer Dispute’ means a

If the person agrees to the complaint, there is no consumer dispute.

 According to Section 2 (1)(f) of the Act, ‘Defect’ means any fault,

Thakur Ramnarayan College of Law 4

c) The right to be assured, wherever possible, access to an authority of goods

e) The right to seek redressal against unfair trade practices or unscrupulous

f) Right to consumer education.6

 These objects are sought to be promoted and protected by the Consumer

 To provide speedy and simple redressal to consumer disputes, a quasi-

6 https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html (Last visited 23/11/23)

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CONSUMER DISPUTE REDRESSAL AGENCIES

This shall consist of:

 A person who is, or has been, or is qualified to be a District Judge, its

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 with problems relating to economics, law, commerce,9 accountancy,

 Jurisdiction of the District Forum

 A complaint may be filed with a District Forum by -

 The consumer to whom such service is provided or is agreed to be

r_disputes_redressal_agencies.htm (Last visited 23/11/23)

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 Procedure on receipt of Complaint

The District Forum shall on receipt of a complaint -

r_disputes_redressal_agencies.htm (Last visited 23/11/23)

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dismiss the complaint in default or if a substantial portion of the evidence of the

(b) if the parties or any of them is absent, proceed as mentioned above in

r_disputes_redressal_agencies.htm (Last visited 23/11/23)

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 Findings of the District Forum

1. To return to the complainant the charges paid.

2. Pay such amount as may be awarded by it as compensation to the

3. To remove the deficiency in the services in question.

4. To provide adequate costs to parties.14

 Appeal against orders of the District Forum

r_disputes_redressal_agencies.htm (Last visited 23/11/23)

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 Basant Kumar V. The United India Insurance Co

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