Category

Introduction

The Consumer Protection Act, 2019 is benevolent social legislation that lays down the rights of consumers and provides for promotion and protection of the rights of consumers. To provide inexpensive, speedy and summary redressal of consumer disputes, quasi-judicial bodies have been set up in each District, State and National level. It provides a three-tier structure comprising of the National Commission, State Commissions and District Commission for speedy resolution of consumer disputes. Under this Act Consumer Disputes Redressal Commission in Sikkim State has been constituted in the year 1990. In State Commission, complaints are filed where the amount paid as consideration exceeds rupees fifty lakhs but does not exceed rupees two crore. At present there are 06 District Commissions (Gangtok, Pakyong, Namchi, Mangan, Gyalsing and Soreng) established in the State of Sikkim. Pakyong and Soreng being the new Districts is currently functioning from Gangtok and Gyalsing District Commission repectively. These Commissions work under the administrative control of State Commission which also acts as Appellate Commission. Either a sitting Judge or a retired Judge of a High Court is appointed as the President of the State Commission by the State Government whereas the members are appointed by State Government on the recommendation of a selection committee. Presently, President of the State Commission is Hon’ble Mrs. Justice Meenakshi Madan Rai, sitting Judge of the Hon’ble High Court, Sikkim. Mr. D.P Sharma (Rets. IAS) is the member of the State Commission. Posts of members (03) are lying vacant in the State Commission.District Commission is established in every District headquarter. In Districts, the Presidents and members of the Commissions are part-time based. The sitting District & Sessions Judge of the District holds the additional charge of the President of the District Commission. In the District Commission, a consumer complaint can be filed where amount paid in consideration is up to 50 lakhs with a nominal court fee.

Concept of Consumer dispute

According to Section 2 (1)(e) of the Act, ‘Consumer Dispute’ means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. If the person agrees to the complaint, there is no consumer dispute. Complainant According to Section2 (1) (b) complainant means

1. A consumer; or
2. Any voluntary consumer association registered under the Companies Act or under any other law for the time being in force; or
3. The Central Government or any State Government, who or which makes a complaint
4. One or more consumers, where there are numerous consumers having the same interest.

Jurisdiction of the State Commission

Subject to the provisions of the Act, the State Commission shall have following jurisdiction

• 1. Pecuniary Jurisdiction

Complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore, then it comes under the pecuniary jurisdiction of State Commission. It may be noted that prior to amendment the pecuniary jurisdiction of state commission was upto 20 lakhs. By the Consumer Protection (Amendment) Act, 2002, the jurisdiction of the State Commission has been increased to Rs. 1 Crore. The change is likely to be beneficial to the consumer. It will reduce the number of complaints to the National Commission.

• 2. Territorial Jurisdiction

A complaint shall be instituted in a State Commission within the limits of whose jurisdiction: (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.

• 3. Appellate Jurisdiction (Section 15)

Section 15 of the Act gives the right to prefer an appeal to the State Commission within a period of thirty days from the date of order of the District Forum to any person who has been aggrieved by the order. The time limit may be extended by the State Commission on showing sufficient cause. The person making an appeal should deposit 50% of the decreed amount or Rs.25000/- whichever is less. This requirement has been introduced by the Consumer Protection (Amendment) Act, 2002.

Functions of Sikkim State Consumer Disputes Redressal Commission

It has all the functions of Civil courts such as:

1. Summoning & enforcing of witnesses and examining the witnesses on oath.
2. Discovery & production of any document or other material as evidence.
3. Receiving evidence on affidavit.
4. Requisitioning report of test or analysis from concerned council laboratory.
5. Issuing commission for examination of witnesses (f) any other matter that may be prescribed by central or state government by rule.

Disclaimer

The contents of this site are only for information purpose. Users are advised not to rely only on such information for any purpose. Neither the Sikkim State Consumer Disputes Redressal Commission nor the National Informatics Centre, Ministry of Information Technology, Government of India is responsible for any consequences by use of such information.For feedback/suggestion:Please contact:scdrc-sik@nic.in