Dear Class 12 Samacheer Kalvi students, here are the text book solutions for Chapter 18, Grievance Redressal Mechanism in Commerce for your reference.
I. Choose the Correct Answers:
| 1. The Chairman of the National Consumer Disputes Redressal Council is ______ |
| a) Serving or Retired Judge of the Supreme Court of India. |
| b) Prime Minister |
| c) President of India |
| d) None of the above |
| 2. The Chairman of the State Consumer Protection Council is _____ |
| a) Judge of a High Court |
| b) Chief Minister |
| c) Finance Minister |
| d) None of the above |
| 3. The Chairman of the District Forum is ________ |
| a) District Judge |
| b) High Court Judge |
| c) Supreme Court Judge |
| d) None of the above |
| 4. The State Commission can entertain complaints where the value of the goods or services and the compensation, if any claimed exceed |
| a)Rs.2 lakhs but does not exceed Rs.5 lakhs |
| b) Rs.20 lakhs but does not exceed Rs.1 crore |
| c) Rs.3 lakhs but does not exceed Rs.5 lakhs |
| d) Rs.4 lakhs but does not exceed Rs.20 lakhs |
| 5. The International Organisation of Consumers Unions (IOCU)was first established in |
| a) 1960 |
| b) 1965 |
| c) 1967 |
| d) 1987 |
II. Very Short Answer Questions:
1. What do you mean by Redressal Mechanism?
Consumers are often deprived of their rights and exploited through misleading advertisements, poor quality goods, fractional weights and measures, overcharging, etc. A grievance redressal mechanism is the formal procedure through which people can submit complaints and get them resolved in a structured manner.
2. What do you know about National Commission?
The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The Commission is headed by a serving or retired judge of the Supreme Court of India. The National Consumer Disputes Redressal Commission (NCDRC) is also called as National Commission.
3. State the meaning of the term State Commission.
The State Commission is to be appointed by the State Government in consultation with the Centre. It has the same function as state level. The state consumer protection council is also known as “Consumer Disputes Redressal Commission”. Both goods and services are included in the purview of the council. A consumer has to be protected against defects, deficiencies and unfair and restrictive trade practices. This council is also called State Commission.
4. What is the term District Forum?
As per Sec 9 of the Consumer Protection Act of 1986, the establishment of a District Forum by the State Government in each district is necessary today to protect the interest of aggrieved consumers in that district. The State Government can establish more than one District Forum in a district if it deems fit to do so. Complaints can be filed with the forum by a consumer, Central or State Government or by a group of consumers.
III. Short Answer Questions:
1. Who are the members of the National Commission?
1. The National Commission should have five members.
2. One should be from judiciary.
3. Four other members of ability, knowledge and experience from any other fields.
4. It should include a woman.
2. Who are the members of the State Commission?
Each State Commission shall consist of the following members.
1. A person who is or has been a Judge of a High Court appointed by the State Government as its President.
2. Two other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with problems relating to economics, law, commerce, industry, public affairs or administration of them, one shall be a woman.
3. Write a note on the Voluntary Consumer Organisation.
Voluntary consumer organisations refer to the organisation formed voluntarily by the consumers to protect their rights and interests. The objective of the VCO is to strengthen consumer protection and welfare and to provide counselling, guidance and mediation services.
IV. Long Answer Questions:
1. Explain the overall performance of National Commission.
The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission set up in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The Commission is headed by a serving or retired judge of the Supreme Court of India. It is also called as National Commission.
Members
1. The National Commission should have five members.
2. One should be from judiciary.
3. Four other members of ability, knowledge and experience from any other fields.
4. It should include a woman.
Jurisdiction
As per Section 21 of The Consumer Protection Act, 1986, the National Commission shall have jurisdiction
1. To entertain a complaint valued more than 1 Crore.
2. To revise the orders of State Commissions.
3. To call for the records and pass appropriate orders from the State Commission and District Forum.
Powers
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 parties.
3. Speedy grant of copies of documents are issued by the National Commission.
4. Over-see the functioning of the State Commissions and the District Forums to ensure that their objectives are best served, without interfering with their quasi-judicial freedom.
Appellate Forum
If a consumer dispute is pending before or decided by a State Commission, the National Commission can interfere if the State Commission has acted beyond its legal powers, failed to use its powers, or acted illegally or with serious irregularity.
According to Section 23 of the Consumer Protection Act, 1986, any person who is dissatisfied with an order of the National Commission can file an appeal before the Supreme Court of India within 30 days.
2. Explain the overall performance of State Commission.
The State Commission is to be appointed by the State Government in consultation with the Centre. It has the same function as state level. The state consumer protection council is also known as “Consumer Disputes Redressal Commission”. Both goods and services are included in the purview of the council. A consumer has to be protected against defects, deficiencies and unfair and restrictive trade practices. The State Consumer Protection Council is also called State Commission.
Members
Each State Commission shall consist of the following members.
1. A person who is or has been a Judge of a High Court appointed by the State Government as its President.
2. Two other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with problems relating to economics, law, commerce, industry, public affairs or administration of them, one shall be a woman.
Jurisdiction
1. The State Commission can entertain complaints within the territory of entire state and where the value of the goods or services and the compensation, if any claimed exceed Rs. 20 lakhs and below Rupees One Crore.
2. It has the jurisdiction to entertain appeals against the orders of any District Forum within the State.
Powers
1. Call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State.
2. To require a person to produce books of accounts, documents, or goods for inspection by its officers and to keep these materials in custody for the purposes of the Act.
3. To furnish such information that may be required for the purposes of the Act to any officer so specified.
Appellate Forum
1. The State Commission’s jurisdiction may be original, appellate or revision. The State Commission may reverse or confirm the orders passed by the District Forum.
2. Any person aggrieved by an order of the State Commission may prefer an appeal to the National Commission within 30 days from the date of such order.
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