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History

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History

For better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith the Indian Parliament enacted the Consumer Protection Act, 2019 (35 of 2019) on 09th August, 2019. Act is not punitive or preventive in nature, rather it is compensatory. This Act is divided into eight chapters. Chapter 1 of the Act is introductory/preliminary which includes short title, extent, and commencement, application and definitions.  Chapter-2 is regarding formation, procedure for meetings and objects of the Consumer Protection Councils. Chapter- 3 includes establishment of Central Consumer Protection Authority. Under Chapter-4, includes establishment of Consumer Disputes Redressal Agencies like District Commissions, State Commissions and National commission, there composition, jurisdiction and working process. Chapter- 5 includes establishment of Mediation Cell. Chapter- 6 includes Product Liability. Chapter- 7 is regarding Offences and Penalties. Chapter-8 includes other miscellaneous matters.

In exercise of the powers conferred by sections 29 and 43, read with clauses (n) and (w) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government has enacted the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020.

In exercise of the powers conferred under clauses (h) & (m) of sub-section (2) of section 102 of the Consumer Protection Act, 2019 (35 of 2019), the State Government has enacted the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Rules, 2020.

In exercise of the powers conferred by sub-section (1) and clauses (a), (p), (q), (s), (u), (v), (y), (z), (zd), (ze), and (zj) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019) and in supersession of the Consumer Protection Rules, 1987 in so far as they relate to matters covered under these rules, except as respects things done or omitted to be done before such supersession, the Central Government has enacted the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020.

In exercise of the powers conferred by section 103 of the Consumer Protection Act, 2019 (35 of 2019), read with section 70 and in supersession of the Consumer Protection (Administrative Control over the State Commission and the District Commission) Regulations, 2018, except as respects things done or omitted to be done before such supersession, the National Consumer Disputes Redressal Commission with the previous approval of the Central Government has enacted the Consumer Protection (Administrative Control over the State Commission and the District Commission) Regulations, 2020.

In exercise of the powers conferred by sub-section (1) of section 103 of the Consumer Protection Act, 2019 (35 of 2019) and in supersession of the Consumer Protection Regulations, 2005, except as respects things done or omitted to be done before such supersession, the National Consumer Disputes Redressal Commission, with the previous approval of the Central Government, has enacted the Consumer Protection (Consumer Commission Procedure) Regulations, 2020.

In exercise of the powers conferred by section 103 of the Consumer Protection Act, 2019 (35 of 2019), the National Consumer Disputes Redressal Commission, with the previous approval of the Central Government, has enacted the Consumer Protection (Mediation) Regulations, 2020

These all shall come into force on the 20th day of July, 2020.

By using the powers of Section 30 and 44 respectively of the Act the State Government has enacted Uttarakhand Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Rules, 2020 by Notification No. 931/20-XIX-2/01 Writ/2016 Dehradun, Dated 02nd December, 2020.

In the Section 53, 42 and 28 of Consumer Protection Act, 2019 there is provisions for the establishment of three-level consumer disputes redressal agencies which include the National Commission in New Delhi, the State Commission in the capital of every state and atleast one District Commission in every district of the State. The National Consumer Disputes Redressal Commission, in short is known as National Commission, the State Consumer Disputes Redressal Commission in short is known as State Commission and the District Consumer Disputes Redressal Commission in short is known as District Commission. The National Commission is established by the notification of Central Government whereas the State Commission and the District Forums are established by the notifications of the State Government concerned.

Establishment of State Commission and District Forums in the State

          In Uttarakhand, State Consumer Disputes Redressal Commission was established in the Year 2002. In District Dehradun, Haridwar, Uttarkashi, Pauri Garhwal, Tehri Garhwal, Chamoli, Pithoragarh, Almora, Nainital & Udham Singh Nagar, the District Commissions were established from the time of undivided U.P whereas in the districts of Rudraprayag, Champawat & Bageshwar, District Commissions were established in the year 2002. So, at present, a total number of 13 District Commissions are functional in the State of Uttarakhand.

Provisions of the appointment of President/Members in the State Commission and District Commission

According to the Section 42(3) of the Act, in the State Commission has one President and not less than four or not more than such number of members as may be prescribed in consultation with the State Government. According to Section 28(2), in District Commission has one President and not less than two and not more than such number of members as may be prescribed in consultation with the State Government and at least one member or the President of the District Commission shall be a woman.

President of State Commission is a person who is or has been a Judge of a High Court, appointed by the State Government whereas the President of a District Commission is a person who is or has been a District Judge. The Members of State Commission is of not less than forty years of age and possesses an experience of at least ten years as presiding officer of a district court or of any tribunal at equivalent level or combined service as such in the district court and tribunal: Provided that not more than fifty percent of such members shall be appointed or a bachelor’s degree from a recognised university and is a person of ability, integrity and standing, and has special knowledge and professional experience of not less than twenty years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine. At least one member or the President of the State Commission shall be a woman. Whereas for District Commission member is of not less than thirty five years of age; possess a bachelor’s degree from a recognized university and be persons of ability, integrity and standing, and having special knowledge and professional experience of not less than fifteen years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine. At least one member or the President of the District Commission shall be a woman.

According to the Rule 6(1) of the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020, the President and members of the State Commission and the District Commission shall be appointed by the State Government on the recommendation of a Selection Committee, consisting of the following persons, namely: –

(i) Chief Justice of the High Court or any Judge of the High Court nominated by him      - Chairperson;

(ii) Secretary in charge of Consumer Affairs of the State Government                              - Member;

(iii) Nominee of the Chief Secretary of the State                       -     Member. 

According to the Rule 10 of the above rule, the President and every member of the State Commission and the District Commission shall hold office for a term of four years or up to the age of sixty-five years, whichever is earlier and shall be eligible for reappointment for another term of four years subject to the age limit of sixty five years, and such reappointment is made on the basis of the recommendation of the Selection Committee.

Salaries, allowances and conditions of service of the President and Members

of the State Commission and District Commission:

In Section 30 and 44 of the Act respectively, salary,  allowances, payable to, and conditions of service  of, the President/Members of the District Commissions and State Commission and shall be such as may be prescribed by the State Government. According to the rule 3(1)(2)(3)(4) and 4(1)(2)(3)(4) of Uttarakhand Consumer Protection (Salary, allowances and conditions of service of President and Members of the District Commission and State Commission) Rules, 2020 as:

President and Members of District Commission:

3(1) The President shall be entitled to the salary and allowances as are admissible to a District Judge in the super time scale of pay.

3(2) A Member shall receive a pay equal to the pay at the minimum of the scale of pay of a Deputy Secretary of the State Government and other allowances as admissible to such officer.

3(3) The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.

3(4) There shall be an annual upward revision of the pay of the President and member at the rate of 3%.

President and Members of State Commission:

4(1) The President of the State Commission shall receive the salary and other allowances as are admissible to a sitting judge of the High Court of the State.

4(2) A Member of the State Commission shall receive a pay equivalent to the pay at the minimum of the scale of pay of an Additional Secretary of the State Government and other allowances as admissible to such officer.

4(3) The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.

(4)(4) There shall be an annual upward revision of the pay of a member at the rate of 3%.

According to Rule (5) {Medical Fitness} No person shall be appointed as President or Member unless he is declared medically fit by an authority specified by the State Government in this behalf. Under Rule (6) {Casual  Vacancy} In case of a casual vacancy in the office of President in the State Commission or District Commission, as the case may be, the State Government shall have the power to appoint the senior most Member to officiate as President. According to Rule (7) {House Rent Allowance} The President or member shall be entitled to house rent allowance at the same rate as are admissible to Group ‘A’ Officer of the State Government of a corresponding status. According to Rule (8) {Transport Allowance) The President or member shall be entitled to transport allowance at the same rate as are admissible to Group ‘A’ Officer of the State Government of a corresponding status.

       Under Rule (9) The President and members of the State Commission and the District Commission shall be entitled to leave, Leave Travel Concession, medical treatment and hospital facilities as per the provisions applicable to Group A Government servants in the State Government.

Term of office of President or Member:

The President and every member of the State Commission and the District Commission shall hold office for a term of four years or up to the age of sixty-five years, whichever is earlier and shall be eligible for reappointment for another term of four years subject to the age limit of sixty-five years, and such reappointment is made on the basis of the recommendation of the Selection Committee.

Position of filled and vacant posts of Presidents and Members

Presently post of President and Members in the State Commission is filled. According to the positions as on 30th November, 2021,  in all the District Commissions the post of President(s) and Members are filled up. 

Sanctioned Post of Officer/Employee for the State Commission/District Forums

          For the administrative control of the State Commission and to make the functioning of the district commissions more dynamic, the President of State Commission is declared as the Head of the Department. One post of Registrar in the State Commission is sanctioned who is appointed from the officer of higher judicial service cadre for effective control in State Commission and District Forums. He is also the appointing authority of non-gazetted posts. In other than the post of President and Members in the State Commission as well as District Commissions, one post of Personal Officer, Senior Personal Assistant, Accountant, Administrative Officer, Head Assistant, Assistant Accountant,  Senior Assistant, two posts of Personnel Assistant and two posts of Junior Assistant, four post of Peon are sanctioned for the State Commission.

          For District Commissions two post of Chief Administrative Officer, two post of Senior Administrative Officer, two post of Administrative Officer, five post of Head Assistant, seven post of Senior Assistant, two post of Personal Officer, five post of Senior Personal Assistant, eight post of Junior Assistant and a total no. of 17 posts of peon are sanctioned. In the full-time based commissions namely Dehradun, Haridwar, Nainital and Udham Singh Nagar one post each of Sweeper is sanctioned through outsourcing.

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