NCDRC and Consumer Disputes Redressal Commissions in India

The National Consumer Disputes Redressal Commission is in short known as NCDRC. It is a quasi-judicial commission in India established in 1988 under the Consumer Protection Act of 1986 with its head office in New Delhi. The commission is headed by a sitting or retired Judge of the Hon’ble Supreme Court or sitting or retired Chief Justice of an Hon’ble High Court, in terms of rule 3(12)(a) of the Tribunal (Conditions of Service) Rules 2021.

Under the Consumer Protection Act 2019, a consumer is defined as a person who “buys any goods” and hires or avails of any service” for consideration but does not include a person who obtains goods for resale or goods or services for commercial purposes. The 2019 Act seeks to widen the scope of this definition. Thus, a Consumer will now mean any person who “buys any goods” and “hires any service” which shall include both online and offline transactions through electronic means, teleshopping, direct selling, or multi-level marketing. In the 1986 Act, the definition of a consumer was only limited to buying goods or services and did not specifically include e-commerce transactions. However, this lacuna has been addressed by the New 2019 Act.

The services include transport, telephone, electricity, housing, banking, insurance, medical treatment, etc. Nevertheless, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

The Consumer Disputes Redressal Commission (NCDRC) functions in 3 tiers: District CommissionForum, State Commission, and National Commission.

A written complaint can be filed before the District Consumer Commission for a monetary value of up to Rupees One Crore, the State Commission for a value from Rupees one Crore to Rupees Ten crore, and the National Commission for a value from ten crores and above in respect of defects in goods and or deficiency in service. It is an additional facility available to a consumer in addition to regular legal remedies available to him/her.  A consumer can argue in person in the commission. In genuine cases where the complainant, appellant, or petitioner before the National Commission cannot engage the services of an advocate legal aid is provided by the Commission free of charge. Any person aggrieved by the NCDRC order may prefer an appeal against such order to the Supreme Court within a period of 30 days.

 To help achieve the objectives of the Consumer Protection Act, the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal, and pendency of cases. The National Commission is empowered to issue instructions regarding:

 (1) Adoption of uniform procedure in the hearing of the matters,

 (2) Prior service of copies of documents produced by one party to the opposite party,

 (3) Speedy grant of copies of documents, &

 (4) Generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.

Related article:

1. How to file a consumer complaint online?
2. Banking ombudsman scheme 2017