Page 3 - Lesson Note 3

3. National Commission: The National Commission consists of a President and at least four

other members, one of whom should be a woman. They are appointed by the Central
Government. A complaint can to be made to the National Commission when the value of the

goods or services in question, along with the compensation claimed, exceeds Rs. 1 crore. The
appeals against the orders of a State Commission can also be filed before the National

Commission. On receiving the complaint, the National Commission shall refer the complaint to
the party against whom the complaint is filed. If required, the goods or a sample there of shall be

sent for testing in a laboratory. The National Commission shall pass an order after considering

the test report from the laboratory and hearing to the party against whom the complaint is filed.
An order passed by the National Commission in a matter of its original jurisdiction is appealable

before the Supreme Court. This means that only those appeals where the value of goods and

services in question, along with the compensation claimed exceeded Rs. 1 crore and where the
aggrieved party was not satisfied with the order of the National Commission can be taken to the

Supreme Court of India. Moreover, in a case decided by the District Forum, the appeal can be
filed before the State Commission and, thereafter, the order of the State Commission can be

challenged before the National Commission and no further.

Relief Available

If the consumer court is satisfied about the genuineness of the complaint, it can issue one or more
of the following directions to the opposite party.

(i) To remove the defect in goods or deficiency in service.
(ii) To replace the defective product with a new one, free from any defect.

(iii) To refund the price paid for the product, or the charges paid for the service.

(iv) To pay a reasonable amount of compensation for any loss or injury suffered by the
consumer due to the negligence of the opposite party.

(v) To pay punitive damages in appropriate circumstances.

(vi) To discontinue the unfair/ restrictive trade practice and not to repeat it in the future.
(vii) Not to offer hazardous goods for sale.

(viii) To withdraw the hazardous goods from sale.