Thursday 3 July 2014

CONSUMER DISPUTES – NATIONAL COMMISSION

(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)



The Consumer Protection Act 1986, has established three forums, to redress the grievances of consumers,District Forum,State Commission,National Commission, in that order. National Commission is the highest in hierarchy. The National Commission shall ordinarily function from capital of the country, New Delhi.The working days and hours are same as that of central government.The National Commission shall use the seal and emblem as the central government may prescribe.The Commission shall meet as and when necessary, and shall be convened by president.

Composition
National Commission consists of a president and members not less than four. One of the members shall invariably be a woman. The number of members may be more than four also. A person who is a judge of Supreme Court or has been judge of Supreme Court shall be appointed as the president by Central Government in consultation with Chief Justice of India.

The members are appointed by Central Government based on the recommendations of a Selection Committee.The Selection Committee is composed of a chairman and two members.The chairman is a judge of Supreme Court who is nominated by Chief Justice of India.The Secretary Department of Legal Affairs of Government of India, and Secretary of Department dealing with consumer affairs in Government of India are members.

The members of National Commission shall not be less than thirty-five years of age, with a bachelor’s degree from a recognized university with ability, integrity and standing. They should have adequate knowledge and experience of at least ten years in dealing with the problems relating to economics, law, commerce, accountancy, industry, public affairs, or administration.The composition is as such that not less than fifty percent of members shall have judicial background.The people, having knowledge and experience of at least ten years as presiding officers at district level court or any tribunal at district level are considered as persons with judicial background.

Certain people are disqualified to be members. Any person convicted and sentenced to imprisonment for an offence, which Central Government opines to involve moral turpitude, an un-discharged involvement, person of unsound mind who has been declared so by competent court, any person who has been removed or dismissed from the service of the Government or a body corporate owned or controlled by Central Government or if the Central Government opines that the person has financial or other interest which may prejudicially affect the discharging of functions as member are disqualifications. 

The Central Government may remove president or any member if found to be disqualified. The term of the office of president and members is for a period of five years or upto reaching seventy years of age, whichever is earlier.They are eligible for re-appointment of another five years or up to the age of reaching seventy years whichever is earlier. However such re-appointment is subject to satisfying the conditions, qualifications discussed earlier.

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