Articles
Administrative powers to the National commission to monitor the functioning of their subordinate commissions
1. Administrative
Control of NC/SC over subordinate
commissions-Features
Provisions
in the earlier Act 1986
a)
Section
17(b) & 21(b) Call for records to check jurisdiction including any
,irregularity ,performance etc . Disposal rate checked but not called records
if complainants reported any irregularity.
b)
Terms
of provision were also not specific as to how the president of commission can
resolve the grievance of consumers except for hearing and order before the
commission .
c)
Nothing
much could be done to resolve the grievances of Consumers due to lack of time
to Presidents and Members
d) NCH (National Consumer Helpline ) neither a redressal agency nor can question the functioning of Commissions
2.
Consumer
Protection act 2019 provides Administrative powers to the National commission
to monitor the functioning of their subordinate commissions. For this purpose provision to establish Monitoring
Cell has been made under section 70 of the act.
·
President
of National commission shall constitute monitoring cell in consultation
with the central Government and set the standards for better protection
of consumer interests.
(uniform system for handling
complaints ,Sitting time ,period to be taken for judgment ,sending certified
copies of the order ,maintaining complaint box out side the commissions etc )
·
National
commission shall monitor, review the performance of state commission, can call
for periodical reports of disposal and pendency of cases.
·
State
commission shall also have the same powers to supervise district commission for
the purpose of performance and other connected matters.
·
Higher
commission shall have the power to inspect and visit the commission
subordinate to them and supervise the functioning
·
Monitoring
cell shall also investigate any allegations against presidents and
members of the commissions and other complaints with regard to the functioning
of commissions ,shall prepare reports and send to the concerned state with copy
to central government
3.
Provisions
In the Act Section 70
1) The National Commission
shall have the authority to lay down such (1) adequate
standards in consultation with the Central Government from time to time,(2) for better protection Of the interests of
consumers and for that purpose, shall have (3)administrative
control over all the State Commissions in the
following matters, namely:—
(a) Monitoring performance of the State Commissions in
terms of their disposal
By calling for periodical returns regarding the institution,
disposal and pendency of
Cases;
(b) Investigating into any allegations against the
President and members of a
State Commission and submitting inquiry report to the State
Government concerned
Along with copy endorsed to the Central Government for necessary
action;
(c) …..
(d) overseeing the
functioning of the State Commission or the District Commission either by way of
inspection or by any other means, as the National Commission may like to order
from time to time, to ensure that the objects and purposes of the Act are best
served and the standards set by the National Commission are implemented without
interfering with their quasi-judicial freedom.
(2) There shall be a monitoring cell to be constituted by
the President of the National
Commission to oversee the functioning of the State Commissions
from the administrative
point of view.
(3) The State Commission shall have administrative
control over all the District
Commissions within its jurisdiction in all matters referred to
in sub-section (1).
(4) The National Commission and the State Commissions
shall furnish to the Central
Government periodically or as and when required, any information
including the pendency
Of cases in such form and manner as may be prescribed.
(5) The State Commission shall furnish, periodically or
as and when required to the
State Government any information including pendency of cases in
such form and manner as
May be prescribed.
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