Recommendations of the Committee Constituted under
the Chairmanship of Dr. P D Shenoy, Member, NCDRC, to consider the following
issues:
(i)
To
examine the administrative and financial powers of the Presidents of the State
Commission and make recommendations to ensure the effective functioning of the
State and District Fora.
(ii)
To
study the imposition of cost and levying of fees by the State and District Fora
and to suggest guidelines for their proper and effective utilization.
(iii)
To
examine the necessity of conducting induction training to the new Members of
the State and District Fora and make suitable recommendations.
(iv)
To
suggest suitable guidelines for grant of pay and perquisites to the Members of
the State and District Fora.
The following Members were present:
1. Hon’ble Mr Justice N K Jain, President,
2.
Hon’ble
Justice Mr B B Vagyani, President,
3.
Hon’ble
Justice Mr R C Kathuria, President,
The recommendations of the Committee are as follows:
1.
To examine the administrative and financial powers of the Presidents of
the State Commission and make recommendations to ensure the effective
functioning of the State and District Fora.
In order to translate the mandate, of the
Hon’ble Supreme Court in the case of State of Uttar Pradesh vs Jeet Singh Bisht
and Others, (Special Leave Petition No. 6928 of 1999) as per order dated 10th
July, 2002 as well as the State of Rajasthan and Others vs Anand Parkash
Solanki, (Civil Appeal No. 6733 of 2003) as per order dated 25th
August, 2003. (Annexure ‘A’ & B) into a reality and to have effective
control over the functioning of the State Commissions and the District Fora in terms
of the Provisions of Section 24 B of the Consumer Protection Act, 1986;
It is recommended that various State
Governments may incorporate the following Rules in their existing Consumer
Protection Rules;-
(a)
The President of the State Commission
shall be Head of the Department and Controlling Authority for the purposes of
Book/ Code of Financial Powers.
(b)
Appointment of Officers and staff
(except the President and Members) of the District Fora and State Commission
shall be made by the President of the State Commission;
Provided that the cadre, number, salaries
and allowances of such officers and staff shall be fixed by the State
Government by Rules to be made in consultation with the President of the State
Commission.
(c)
Salaries of such officers and staff
shall be defrayed out of the consolidated fund of the State.
2. To study the imposition of cost and levying of fees by
the State and District Fora and to suggest guidelines for their proper and
effective utilization.
It is suggested that Regulation 11 (5) which provides for
imposition of minimum cost need to be amended and it should be left to the
discretion of the Commission or the District Forum concerned to decide about
the quantum of cost depending on the facts and circumstances of each case.
As regards utilization of costs, the National Commission may frame appropriate Regulations provided for the purpose and manner of utilizing this amount. For this purpose, guidelines contained in the Legal Services Act, may be followed.
Fees for filing complaints of the valuation upto Rs.10,000/- should be NIL and accordingly Rule 9 A of the Consumer Protection Rules 1987 (Central Rules) may be amended.
With regard to payment of fees on complaints, existing Table of Rule 9 A of Consumer Protection Rules, 1987 may be substituted by the following Table:
|
S No. |
Total value of goods or
service and the compensation claimed |
Amount of fee payable |
|
(1) |
(2) |
(3) |
|
|
DISTRICT FORUM |
|
|
1. |
Upto to one lakh rupees – For complainants who are under the Below Proverty Line holding Antyodaya Anna Yojana cards |
NIL |
|
1 A. |
Upto Rs.10,000/- |
NIL |
|
2. |
Upto one lakh Rupees – For complainants other than Antyodaya Anna Yojana card holders |
Rs.100/- |
|
3. |
Above one lakh and upto five lakh rupees |
Rs.500/- |
|
4. |
Above five lakh and upto ten lakh rupees |
Rs.1000/- |
|
5. |
Above ten lakh and upto twenty lakh rupees |
Rs.2000/- |
|
|
STATE COMMISSION |
|
|
6. |
Above twenty lakh and upto fifty lakh rupees |
Rs.5000/- |
|
7. |
Above fifty lakh and upto one crore rupees |
Rs.10,000/- |
|
|
NATIONAL COMMISSION |
|
|
8. |
Above one crore rupees |
Rs.25,000/- |
|
9. |
Above five crore rupees |
Rs.50,000.- |
|
10. |
Above ten crore rupees |
Rs.1,00,000/- |
3. To examine the necessity of conducting
induction training to the new Members of the State and District Fora and make
suitable recommendations.
At present help is being taken of the Indian Institute of Public Administration (IIPA) for imparting training to the Members of the State Commission as well as Presidents and Members of the District Fora which is being monitored at the level of the National Commission. The programme and orientation training needs to be de-centralized at the Headquarter level of the respective State Commissions by introducing 15 days training programme to the newly inducted Members of the State and District Fora including the Presidents of the District Fora so as to equip them with regard to the procedure to be followed while conducting the complaint cases so as to help them to avoid illegalities being committed for the smooth functioning of the District Fora. The training programme shall take care of following aspects:
1. Consumer Protection Act, 1986 and amendments in the Consumer Protection Act, their judicial implications on different points.
2. A correct approach of the Judgment writing.
3. General principles of Consumer Protection Act to be followed by the Consumer Fora with reference to the settled law by the Hon’ble National Commission on the procedure of dealing the complaints by District Consumer Fora.
4. Settled law in deciding cases related to HUDA etc., Electricity, Insurance Assurance, Banking and Telecommunications.
5. Procedure of Institution, processing granting of adjournments recording of zimini orders, granting of interim injunctions, maintenance of Institution and disposal register, maintenance of statistical information as per Consumer Protection Act and instructions issued by the Hon’ble National Commission from time to time.
6. A peep into Civil Service Rules so far as working of the District Consumer Fora is concerned demystified.
7. Canons of filing of properties, purchase procedure, store procedure, writing of loss etc., demystified.
8. Initiating of disciplinary action against the staff under various Rules/ Government instructions issued by the State Government and writing of A C R s.
9. Any other topic suitable for trainees to be selected by the President of the State Commission.
The State Government shall provide suitable Budget for this purpose and keep the amount at the disposal of the President of the State Commission.
4. To suggest suitable guidelines for grant of pay and
perquisites to the Members of the State and District Fora.
Salary and other allowances of the President of the
State Commission and District Forum
(Minus pension drawn, if any)
The service conditions of the President of the State Commission shall be the same as that of a sitting Judge of the High Court.
Member of the State Commission appointed on a
whole-time basis shall be entitled to pay and allowance as are available to a
sitting District Judge.
Provided
that if a Member of the State Commission appointed on a part-time basis he/ she
shall be paid Honorarium of not less than Rs.1000/- and conveyance
allowance of not less than Rs.300/- per day’s sitting.
The
President of the District Forum shall be entitled to pay and allowances payable
to a sitting District Judge (Minus pension drawn, if any)
Members
of the District Forum appointed on whole time basis shall be entitled to not
less than Rs.15,000/- per month by way of Honorarium plus not less than
Rs.3000/- as conveyance allowance per month.
Provided
a Member of the District Forum appointed on a part-time basis, he/ she shall be
entitled to Honorarium of not less than Rs.600/- and conveyance
allowance of not less than Rs.150/- per day’s sitting.
Sd/-
[ P D Shenoy ]
Member, NCDRC
07.05.2008