What is Establishment of Consumer Disputes Redressal Agencies? What is the Composition of the District Forum? Section 9 and 10 of Consumer Protection Act 1986
Establishment of Consumer Disputes Redressal Agencies and Composition of the District Forum are defined under section 9 and 10 of Consumer Protection Act 1986. Provisions under these Sections are:
Section 9 of Consumer Protection Act "Establishment of Consumer Disputes Redressal Agencies"
Section 9. There shall be established for the purposes of this Act, the following agencies, namely :-
(a) a Consumer Disputes Redressal Forum to be known as the “District Forum” established by the State Government in each district of the State by notification :
Provided that the State Government may, if it deems fit, establish more than one District Forum in a district;
(b) a Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government in the State by notification; and
(c) a National Consumer Disputes Redressal Commission established by the Central Government by notification.
Section 10 of Consumer Protection Act "Composition of the District Forum"
Section 10. (1) Each District Forum shall consist of-
(a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President;
(b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely:-
(i) be not less than thirty-five years of age,
(ii) possess a bachelor’s degree from a recognised university,
(iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:
Provided that a person shall be disqualified for appointment as a member if he-
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or
(b) is an un discharged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
(e) has, in the opinion of the State Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or
(f) has such other disqualifications as may be prescribed by the State Government;
(1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:-
(i) President of the State Commission-Chairman,
(ii) Secretary, Law Department of the State-Member,
(iii) Secretary, in-charge of the Department dealing with consumer affairs in the State-Member :
2 Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman.
(2) Every member of the District Forum shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier:
Provided that a member shall be eligible for re-appointment for another term of five years or up to the age of sixty-five years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such re-appointment is also made on the basis of the recommendation of the Selection Committee:
Provided further that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (1A) in place of the person who has resigned:
Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion of his term.
(3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government :
Provided that the appointment of a member on whole-time basis shall be made by the State Government on the recommendation of the President of the State Commission taking into consideration such factors as may be prescribed including the work load of the District Forum.