State Consumer Dispute Redressal Commission
What is state consumer Dispute Redressal Commission?
- A State consumer Dispute Redressal commission is commonly known as state commission is forum established at the state level in every state commission is a state government.
- Every state has a state commission which is often located in the respective state’s capital.
What is its composition?
- A state commission consists of a president and two other members of whom one has to be a woman.
- A president is a person who is or has been a judge of a high court.
What is the circuit Benches?
- Amendments made to the Consumer protection act made provision for the circuit benches.
- This implies that although a state commission normally functions from the state’s capital, but, if required the state government can establishes its benches at some other place.
What kind of complaints can be field before the state consumer dispute redressal commission?==
Two kinds of complaints can be field before the state commissions:
- Complaints where the value of the goods or service and compensation. if claimed, exceeds Rupees twenty lakhs but does not exceed rupees one crore.
- Appeal against the order of any district Forum within the state.
What are the powers of the state commission?The state Commissions have same powers and adopt the same procedure as the district forums.
- Apart from these, the state Commission have power to transfer the case, call for the records, and may also make necessary modification in the procedure.
- State commissions have the power to call for the records and pass appropriate orders in consumer disputes which is pending before, or has been decided by the district fotum.this is if, the state commission is of the view that
(a) District Forum has failed to exercise the jurisdiction with it is vested to it by the law;
(b) Or District Forum has failed to exercise the jurisdiction with which it is vested;
(c) or it has acted illegally or with material irregularity.
Can a State Commission transfer a case?
- Yes, a State commission can transfer a case from one distinct forum to another within the state.
- This can be done either on the application by the complainant. Or the state commission in its own motion at any stage of proceedings can transfer a case from one district forum to another in the state in the interest of justice.
If either party is dissatisfied with the decision of the state commission what can be done?==
An appeal against an order of state commission can be made before National Commission within 30 days after the order in question is passed. However, before filing such appeal, the appellant, if required to pay any amount to the other party, in accordance with the said order, has to deposit 50% of that amount or rupees thirty five thousand, which ever is less.