INTRODUCTION ABOUT NCDRC

NTRODUCTION ABOUT NCDRC

Established in 1988, NCDRC resolves consumer disputes under the Consumer Protection Act, 1986, ensuring swift and fair justice for consumers nationwide.

In a democratic society like India, the rights of consumers hold a very important place. Consumers are the backbone of the economy, and protecting their interests is a constitutional as well as a moral responsibility of government. To safeguard consumers from exploitation, defective goods, and unfair trade practices, the Indian parliament enacted the Consumer Protection Act, 2019. Under this act a three-tier quasi-judicial mechanism was established at the district, state, and national levels to provide simple, inexpensive, and speedy justice to consumers. At the top of this pyramid lies the National Consumer Dispute Redressal Commission (NCDRC), which is the apex consumer dispute redressal body in India. It plays a crucial role in protecting consumer rights and ensuring that justice is not denied to ordinary citizens due to the influence of large corporations or service providers. This article provides a deep understanding of NCDRC. Its history, structure, jurisdiction, powers, functions, and significance in modern India.

HISTORICAL BACKGROUND

Before 1980, Indian consumers had very limited legal remedies against exploitation. They had to rely on the Indian Contact Act, 1872, or the Indian Penal Code, 1860, which were neither consumer-friendly nor easily accessible. This led to widespread dissatisfaction and the demand for a special consumer protection law. As a result, the Consumer Protection Act, 1986 (CPA-1986), was passed, and this act created a three-tier consumer grievance redressal system.

1. District Consumer Dispute Redressal Forum (DCDRF) at the District Level.
2. State Consumer Dispute Redressal Commission (SCDRC) at the state level.
3. National Consumer Dispute Redressal Commission (NCDRC) at the national level.

The NCDRC was formally established in 1988 with its headquarters in New Delhi. Later, the Consumer Protection Act, 2019, replaced the 1986 law but retained the three-tier system with enhanced power and digital accessibility.

CONSUMER OF THE NCDRC

The NCDRC is a quasi-judicial commission headed by a judge of the Supreme Court of India. Its composition is as follows:

• President: - A sitting or retired judge of the Supreme Court.
• Members: at least four but not more than such as prescribed by the Central government. Members should have adequate knowledge of law. Commerce, economics, industry, public affairs, or administration.

Currently, the NCDRC functions from its office in New Delhi with multiple benches to handle the large number of cases.

JURISDICTION OF THE NCDRC

The jurisdiction of the NCDRC is threefold—pecuniary, appellate, and revisional.

1. Pecuniary Jurisdiction

• Under the Consumer Protection Act, 2019, the NCDRC entertains complaints where the value of goods or services paid as consideration exceeds Rs10 Crores.
• This ensures that cases of high financial stakes, often involving big corporations, come directly to the national level.

2. Appellate Jurisdiction

• The NCDRC hears appeals against orders passed by the SCDRC State Consumer Dispute Redressal Commission.
• A person aggrieved by the decision of the State Commission can approach the NCDRC within the prescribed limit.

3. Revisional Jurisdiction

• The NCDRC is vested with powers similar to a civil court under the Code of Civil Procedure 1908, as well as additional power under the Consumer Protection Act. Some key powers include.

1. Summoning and enforcing attendance of any person and examining them on oaths.
2. Discovery and production of documents and evidence.

• Receiving evidence on affidavit.

1. Requisitioning reports from laboratories or experts.
2. Issuing commissions for examination of witnesses
3. Punishment for contempt of its orders/judgment is similar to the High Court.

• Reviewing its own order under certain circumstances

These wide powers enable the NCDRC to act effectively and ensure justice to consumers at the highest level.

PROCEDURE FOR FILING A CONSUMER COMPLAINT

The Consumer Protection Act has simplified the process of filing complaints. Consumers can directly approach the NCDRC in appropriate cases. The steps include.

1. Drafting of Complaint: The complaint should clearly mention the details of the consumer opposite party, facts of the case, deficiency in service or defect in goods, and relief sought.
2. Documents Required. Bill, warranty cards, receipts, agreements, correspondence, and any document that is necessary for filing the complaint.
3. Jurisdiction Check: - The claim amount should exceed Rs10 crores, or the case should be an appeal from a state commission.
4. Online filing:The government has launched the e-jagriti.gov.in portal, which allows filing and tracking of consumer complaints online.
5. Payment of Fee: - Nominal court fee based on the value of the claim required.
6. Notice and hearing: Once admitted, the opposite party is issued notice, and both parties are heard.
7. Final Order: The NCDRC passed a reasoned order that is binding on both parties.

REMEDIES PROVIDED BY THE NCDRC

The NCDRC can provide a variety of reliefs to the consumers depending on the nature of the dispute. These include:

1. Removal of defects in goods.
2. Replacement of goods with new once.
3. Refund of price paid by the consumer.
4. Compensation for loss, injury, or mental agony.
5. Discontinuation of unfair trade practices or restrictive trade practices.
6. Withdrawal hazardous goods from sale.
7. Payment of punitive damages in extreme cases.
8. Issue of corrective advertisement to neutralize misleading advertisement.

LANDMARK JUDGMENT OF THE NCDRC

The NCDRC has delivered serval landmark judgment that shaped consumer law in India. Some order/judgment notable cases are :-

1. Indian Medical Association Vs V.P Shanta (1995). The NCDRC held that medical services are included under service in the Consumer Protection Act, thereby bringing doctors and hospitals under its ambit.
2. Life Insurance Corporation of India Vs Consumer Education and Research Center (1995)—Recognized that insurance services fall under consumer protection.
3. Ambrish Kumar Shukla Vs Ferrous Infrastructure Pvt Ltd. (2017)—Related to call drops and telecom disputes.
4. These judgment reflect the wide scope of NCDRC in diverse areas like healthcare, insurance, housing, and telecom.

APPEAL AGAINST THE NCDRS ORDER

An aggrieved party can challenge an order of the NCDRC by filing an appeal before the Supreme Court of India under Section 67 of the Consumer Protection Act, 2019. This ensures that the decisions of the NCDRC are also subject to judicial scrutiny at the highest constitutional level. But the Supreme Court held that a writ petition under Article 227 before the High Court is maintainable under 58(1) (a) (iii) of the Consumer Protection Act, 2019. It is clarified that Section 67 (which allows appeals to the Supreme Court) is limited to original order of the NCDRC (under clauses (i) (i) & (ii) of Section 58(i)(a)).

SIGNIFICANCE OF NCDRC IN INDIA

The NCDRC has been instrumental in: -

1. Empowering Consumers: - by providing a platform where even ordinary citizen can fight powerful corporations.
2. Ensuring fair trade: businesses are compelled to maintain quality and honesty.
3. Speedy justice: The simplified procedure ensures faster disposal compared to regular civil courts.
4. Reducing Court burden: - many Consumers dispute is resolved within this system, reducing the load n regular judiciary.
5. Digital Justice: With e-filing and online hearings, access to justice has become easier.

CHALLENGE FACED BY THE NCDRC

INTRODUCTION ABOUT NCDRC Despite its achievements, the NCDRC also faces several challenges.

1. Case backlog: - Like other courts in India, pendency of cases is a concern.
2. Infrastructure limitations: - Limited benches and staff affect efficiency.
3. Awareness issues: - many consumers are still unaware of their rights or the existence of NCDRC.
4. Compliance Problems: - Sometimes businesses delay or avoid compliance with NCDRC orders.
5. Jurisdictional Complexities: - High Pecuniary Jurisdiction Makes NCDRC Assessable Only in Big Cases.

RECENT DEVELOPMENTS

With the Consumer Protection Act 2019, several reforms have been introduced.

1. E-Jagriti Portal: - online filing and hearing of Consumer cases
2. Central Consumer Protection Authority (CCPA): established to regulate unfair trade practices and misleading advertisement.
3. Product Liability: Manufacturers and service providers can now be held directly liable for defective products.
4. Mediation: Provision for consumer dispute mediation has been added to promote speedy settlement.

CONCLUSION

The National Consumer Dispute Redressal Commission (NCDRC) has emerged as a pillar of consumer protection in India. By providing a dedicated and accessible forum for consumer grievances, it has strengthened public confidence in the justice system. Over the years NCDRC has not only protected consumers from unfair trade practices but has also contributed to improving business ethics and corporate accountability. For more information, go to Home