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How to find the best consumer court lawyer in Delhi NCR

by advocatetushar

How to find the best consumer court lawyer in Delhi NCR– In December of 1986, the Consumer Protection Act, 1986 (also known as COPRA), which had been approved by the Indian parliament, went into effect. The Act was created in order to safeguard the interests of consumers and to establish state agencies that are responsible for addressing consumer issues and anything that may occur as a result of such issues.

Introduction

Consumer courts, also known as Consumer Dispute Resolution Agencies, were founded with the purpose of resolving disagreements, conflicts, and complaints brought forth by consumers. It is a venue where a consumer may make a complaint against a vendor in the event that the consumer believes that he has been deceived or taken advantage of by the vendor. The purpose of establishing a distinct venue for the resolution of disputes involving consumers is to facilitate the expeditious and cost-effective resolution of such conflicts as quickly as possible. you have to search for best advocate for consumer court cases in Delhi NCR.

Different kinds of consumer law courts:

The COPRA Act makes it possible for consumer courts to be established, and according to the Act, there are three levels of consumer courts, which are as follows: DCDRF stands for the District Consumer Dispute Redressal Forum. The District Consumer Issue Resolution Forum handles any consumer dispute if the appellant’s demand for compensation does not exceed 20 lakh rupees. This forum works at the district level.

Commission for the Redressal of Disputes with State Consumers (SCDRC):

The State Consumer Disputes Redressal Commission (SCDRC) is a state-level organisation that handles consumer disputes if the amount of the appellant’s demand for compensation is greater than 20 lakhs but less than one crore rupees.

Commission for the Redressal of Disputes Affecting National Consumers (NCDRC):

The National Consumer Case Resolution Commission (NCDRC) is the highest court in the country, and its jurisdiction extends to any consumer dispute in which the appellants’ demand for compensation is greater than one crore rupees.

Jurisdiction:

The hierarchy of the courts determines the areas of law that each court is authorised to hear;

  1. The Jurisdiction Over Financial Matters:
  • The District Consumer Dispute Redressal Forum has the authority to rule on monetary disputes for amounts up to but not exceeding 20 lakhs.
  • In cases where the claim is for more than 20 lakhs but less than 1 crore rupees, the State Consumer Dispute Redressal Commission has authority over the monetary aspect of the dispute.
  • If the claim is for more than 1 crore rupees, the National Consumer Dispute Redressal Commission has the authority to decide the case since it falls under its pecuniary jurisdiction.
  1. Jurisdiction over the Territories:

After determining the monetary jurisdiction of a dispute, the next step is to examine the territorial jurisdiction of the case. You have the option of filing a complaint with the court that has jurisdiction over your area if any of the following apply:

  • When the opposing party freely dwells or works inside the boundaries of the area in question.
  • The origin of the driving force behind the activity.

You can utilise the same principles that apply to contract law to figure out where the cause of action originates by applying those laws.

  • The territorial jurisdiction applicable during the course of an online transaction.

When transactions are completed online, territorial jurisdiction is practically nullified. In this instance, territorial jurisdiction can be exercised in any one of the several locations where the potential for legal action exists. This includes the location where the appellant resides.

  1. Jurisdiction over the Appeals Process:
  • A consumer has the right to appeal the decision made by the district forum to the state commission if they feel that the decision does not meet their needs.
  • The consumer has the ability to file an appeal with the national commission if they feel that the decision reached by the state commission was unfair.
  • A consumer who is dissatisfied with the result reached by the national commission has the option of filing an appeal with the Supreme Court of the United States.

Composition:

The Consumer Protection Act of 1986 specifies the members of each of the courts that are allowed to sit on them.

  1. Forum for the Redressal of Consumer Disputes in the District of Columbia:

The following are should be included in each district forum:

  • a person who is now serving as a District Judge, has previously served in that capacity, or is competent to serve in that capacity, who will serve as its President;
  • two additional members, one of whom must be a woman, who must be people of ability, integrity, and standing, and who must have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs, or administration. At least one of these individuals must be able to demonstrate capacity in dealing with issues related to these areas.
  1. State Consumer Dispute Redressal Forum: (state consumer dispute redressal forum)

Each State Commission has to have the following members:

  • a person who is or has been a judge of a High Court, chosen by the State Government, who shall serve as the organization’s President:

With the proviso that no appointment shall be made in accordance with this article unless and until consultation with the Chief Justice of the High Court has taken place;

  • two additional members, who must be persons of ability, integrity, and standing, and who must have adequate knowledge or experience of, or have demonstrated capacity in, dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs, or administration, with at least one of these members being a woman:

Provided, however, that each and every appointment that is to be made in accordance with this clause shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:- I President of the State Commission – Chairman, (ii) Secretary of the Law Department of the State – Member, and (iii) Secretary, in-charge of Department dealing with consumer affairs in the State – Member.

  1. The National Consumer Dispute Redressal Forum: a forum for consumers to air their grievances.

The National Commission will be made up of the Following Members:

  • a person who is or has been a Judge of the Supreme Court, to be selected by the Central Government, who shall serve as the organization’s President:

With the proviso that no appointment shall be made according to this provision unless and until consultation with the Chief Justice of India has taken place;

  • four other members who shall be persons of ability, integrity, and standing, and who shall have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs, or administration; at least one of these members shall be a woman:

Provided, however, that each and every appointment that is made in accordance with the provisions of this paragraph shall be made by the Central Government on the suggestion of a selection committee that is comprised of the following, namely:

  • A person who is currently serving as a Judge on the Supreme Court and will be recommended for the position of Chairman by the Chief Justice of India,
  • The Member, Department of Legal Affairs, Government of India, Office of the Secretary,
  • The Secretary of the Department in the Government of India that is in charge of consumer affairs is a member of the committee.

Various Capabilities and Roles:

In section 4 of the act, the commission’s authorities and responsibilities are laid out in detail for readers. The responsibilities are outlined in the following manner in Section 4(1).

  1. Functions:
  • Acting in an advisory capacity to ministers with regard to matters concerning general consumers
  • The development of consumer protection policies and their subsequent execution
  • Conduct an inquiry into the selling of products or providing of service in response to a complaint made by an aggrieved customer in order to assess whether or not the complaining consumer was truly offended by the transaction in question.
  • Be responsible for conducting an inquiry of its own accord.
  • Encourage the formation of groups whose primary purpose is to safeguard the interests of consumers
  • You are tasked with gathering, analysing, and publishing information about any industry or corporation.
  • Consumers should be informed of their rights.
  • Mediate disagreements that arise between customers and service providers
  • Perform any other duties that the minister may from time to time order you to carry out.
  1. Powers: In order to fulfil its mandate and responsibilities, the Consumer Commission possesses the authority to take any action it considers to be essential in this regard. It is permitted to take any action that it may so deem advantageous or convenient for or in connection with the carrying out of its functions or to be incidental to the proper discharge of their responsibilities, and it is permitted to carry out any activities in that capacity either alone or in association with any other person or body.

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