Enforcement of Consumer rights
Enforcement and Execution of orders of Consumer Disputes Redressal Commissions – Enforcing consumer rights under the Consumer Protection Act of 2019 entails a mix of administrative remedies, legal proceedings, and consumer education. Consumers have the ability to exercise their rights and seek redress for concerns such as defective goods, poor service, unfair trade practices, and so on. Consumer rights would be protected & enforced by the Consumer Disputes Redressal Commissions at the district, state or national level, whichever applies.
According to Section 71 of the Consumer Protection Act, any order made by a District Commission, State Commission, or National Commission shall be enforced as if it were a decree made by a Court in a suit, and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 shall apply.
Execution of orders of District Commission, State Commission and National Commission
Every order of a District Commission, State Commission and National Commission shall be final and binding, if no appeal has been filed against such order.
According to Section 72 of the Consumer Protection Act, anyone who fails to comply with any order executed by the District Commission, State Commission, or National Commission is punishable by imprisonment for one month to three years, a fine of twenty-five thousand rupees to one lakh rupees, or both.
For the purposes of the Code of Criminal Procedure, 1973, the District Commission, State Commission, or National Commission will be assumed to be a Judicial Magistrate of First Class.
The execution of orders by the Consumer Disputes Redressal Commissions involves ensuring that the orders issued by the commissions are carried out by the concerned parties in a timely and appropriate manner. The execution of orders aims to provide relief to consumers and enforce the decisions made by the commissions in consumer dispute cases.
Execution process of orders by these commissions:Top of Form
- Issuance of Orders: The Consumer Disputes Redressal Commission has the authority to issue an order based on the facts of the case. It may contain instructions for compensation, refund, replacement, repair, removal of deceptive ads, and other remedies.
- Petition for Execution: The consumer may submit a petition for execution with the same commission that issued the order. This petition asks the commission to take action in order to enforce its order and guarantee that the consumer obtains the appropriate remedies.
- Enforcement Actions: The commission may levy penalties, issue warrants, seize property, or take any other action required to ensure that the business fulfils its commitments.
- Timely Compliance: Consumer Disputes Redressal Commissions normally make sure that their orders are carried out on time. Delays in complying with the ruling may result in further fines for the business.
- Recovery of Dues: If the order includes monetary compensation for the consumer, the commission can take steps to ensure that the awarded amount is recovered from the business and handed to the customer.
- Business Compliance: The business is legally bound to comply with the terms of the commission’s order within the timeframe given.
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1. What is enforcement of orders made by the Consumer dispute redressal commission?
According to Section 71 of the Consumer Protection Act, any order made by a District Commission, State Commission, or National Commission shall be enforced as if it were a decree made by a Court in a suit, and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 shall apply.
2. What is penalty for non-compliance of orders given by any consumer dispute redressal commission?
According to Section 72 of the Consumer Protection Act, anyone who fails to comply with any order executed by the District Commission, State Commission, or National Commission is punishable by imprisonment for one month to three years, a fine of twenty-five thousand rupees to one lakh rupees, or both.
Reference Books | Enforcement and Execution of orders of Consumer Disputes Redressal Commissions
- Consumer Protection Law by Dr.SC Tripathi
- Consumer Protection Act: A Commentary by G. B. Reddy
- Commentary on the Consumer Protection Act by J. N. Barowalia
- Consumer Protection (Law & Practice) by V. K. Agarwal
