Article on District Consumer Disputes Redressal Forum

Overview
Under Consumer Protection Act, 1986 the State Government is under an obligation to establish a
District forum in each district of the State. In a district more than one District Forum can be
constituted if required. At present there are 604 district forums operating in different states. It is
headed by a person who is competent to be appointed as a district judge. The district forum is
entitled to entertain cases in which the value of goods and services or compensation, if claimed
does not exceed rupees 25 lacs.
Jurisdiction
A complaint shall lie in a District forum within the local limits of whose jurisdiction:

 The opposite party or where there are more than one, at the time of the filing of the
complaint, actually and voluntarily resides or carries the business for personal gain.
 The complainant or where there are more than one, at the time of the filing of the complaint,
actually and voluntarily resides.
 Where the cause of action arises whether in whole or partial.

It shall be noted that, the consumer court cannot entertain case, if it is pending before the civil
court. In case, two courts have jurisdiction complaint can be filed in any of them. The parties
cannot make an agreement regarding jurisdiction if the court has no jurisdiction to try the case.
The district forum deals with complaints where the compensation sought is less 25 lakhs. This is
known as pecuniary jurisdiction.
Person entitled to file complaint
Complaint can be filed in respect of the good sold or service provided by the following persons
a) By the consumer to whom such goods are sold or agreed to be sold or delivered or such
service provided.
b) It can also be filed by an consumer association and it does not matter whether the person
to whom such goods are sold or service provided is a member of the association or not.
c) One or more consumers together, if they have the same interest. For this permission of
the district forum is must and this is for the benefit of the consumers so interested.
d) The central govt. or the state govt., either in their individual capacity or as representative
of the consumer whose interest has been affected.
It is essential that the complaint must be accompanied by such amount of fees and in such
manner as may be prescribed. The District forum on receiving the complaint has the choice
whether to allow it to be proceeded with or reject it. But the complaint must not be rejected
without giving the opportunity of being heard. The admissibility of complaint is decided by the
court within 21 days of receiving the complaint from the consumer. After the complaint has been
allowed to be proceeded it shall not be transferred to any other court.
The consumer can challenge the decision of the district forum ,if he is not satisfied before the State
Commission and against the order of the state commission , complainant can approach the National
Commission.

Composition of the District Forum

The district forum President and the members are appointed by the state govt. In addition to this,
it is essential that he shall be eligible to be a district judge. They are appointed for a tenure of 5
yrs or upto 65 yrs, whichever is earlier. The proceedings cannot be carried without the president
and at least one other member.
Powers of District Forum
The District Consumer Disputes Redressal Forum has same power as that of a civil court as
provided under Code of Civil Procedure 1908. Once it is finalized that company is at fault, the
court can direct the company to take the following actions:
 To correct the deficiencies in the product which consumer has claimed
 Repair the defect in the good free of cost.
 To replace the product with similar product.
 To give full refund of the price.
 To provide compensation for the loss or damage.
 To withdraw the sale of product.
 To discontinue unfair trade practice or not to repeat it.
 Issue corrective advertisement for earlier misrepresentation.
If the Consumer is not satisfied with the order of the district forum, he can challenge the same
within 30 days in State Consumer Dispute Redressal Forum. If the verdict is against the
company, consumer can appeal only when he deposit 50% of the compensation to be paid to the
consumer or Rs 25000\- whichever is lesser.

Vikas Denia

Email id – Shiningvikasdenia@gmail.com