Last Updated on November 23, 2018 by Legalseva.net
State Commission is under Consumer Protection Act,1986.
Section 16: states that State Commission consist of .
- President : President is a person who is or was a judge of High Court .
State Government appoints the President with consultation of Chief Justice of High Court.
- Members: The members number is not defined as any number of members can be appointed by State Government but members should not be less than 2 and one member should be a woman.
Members should not be less than 35 years of age, should have a bachelor degree from recognized university person must have at least 10 years of experience in fields like economic, law , commerce, accountancy , industry , public affairs or administration.
Also Read- LEGAL NOTICE BEFORE CONSUMER COMPLAINT
Section 16(1) states that persons who can not be appointed in State Commission are :
- A convicted person.
- Person who is undischarged insolvent.
- Person of unsound mind.
- Person who is removed from service of government.
Every appointment will be done by State Government in consultation with members of selection committee.
Also Read- COMPLAINT AGAINST IMMIGRATION COMPANY OF FRAUD AND CHEATING
The members of selection committee are :
- President of state commission.
- Law department secretary.
- Secretary in charge of consumer affairs department.
Section 16 (3) Members of State Commission hold office for a term of 5 years or 67 years of age whichever is early.
Reappointment can be done.
Also Read- RERA OR CONSUMER FORUM?
Jurisdiction Of State Commission.
- Pecuniary jurisdiction: Complaintsregardingvalue which exceeds ₹20 lakhs but does not exceed ₹ one crore
can be done in State Commission.
- Territorial jurisdiction: Complaint can be filed where opposite party resides or where it carries it business .
When there are more than one opposing party then complaint can be registered anywhere where any opposing party resides or carry on business.
- Appellate Jurisdiction: From the date of order of district forum complaint has to be registered within 30 days.
Time limit can be extended by giving sufficient reason.
For appeal person has to deposit 50℅ of decreed amount or ₹25000 whichever is less.
Also Read- CONSUMER COMPLAINT AGAINST AIRLINES
Section 17 A : State Commission can transfer case to itself from district forum.
Section 19 A : Appeals have to be decided within 90 days.
For more info on subject, please dial 99888-17966.
