The Consumer Protection Act 1986, has established three forums,
to redress the grievances of consumers, District Forum, State Commission,
National Commission, in that order. National Commission is the highest in hierarchy.
The National Commission shall ordinarily function from capital of the country,
New Delhi. The working days and hours are same as that of central government.
The National Commission shall use the seal and emblem as the central governmentmay prescribe. The Commission shall meet as and when necessary, and shall be
convened by president.
National Commission consists of a president and members not less
than four. One of the members shall invariably be a woman. The number of
members may be more than four also. A person who is a judge of Supreme Court or
has been judge of Supreme court shall be appointed as the president by Central Government
in consultation with Chief Justice of India.
The members are appointed by Central Government based on the
recommendations of a Selection Committee. The Selection Committee is composed
of a chairman and two members. The chairman is a judge of Supreme Court who isnominated by Chief Justice of India. The Secretary Department of Legal Affairs
of Government of India, and Secretary of Department dealing with consumer
affairs in Government of India are members.
The members of National Commission shall not be less than thirty-five
years of age, with a bachelor's degree from a recognized university with
ability, integrity and standing. They should have adequate knowledge and
experience of at least ten years in dealing with the problems relating to
economics, law, commerce, accountancy, industry, public affairs, or
administration. The composition is as such that not less than fifty percent ofmembers shall have judicial background. The people, having knowledge and experience
of at least ten years as presiding officers at district level court or any tribunal
at district level are considered as persons with judicial background.
Certain people are disqualified to be members. Any person
convicted and sentenced to imprisonment for an offence, which Central
Government opines to involve moral turpitude, an un-discharged involvement,
person of unsound mind who has been declared so by competent court, any person who
has been removed or dismissed from the service of the Government or a body
corporate owned or controlled by Central Government or if the Central
Government opines that the person has financial or other interest which may
prejudicially affect the discharging of functions as member are
disqualifications.
The Central Government may remove president or any member if
found to be disqualified. The term of the office of president and members isfor a period of five years or upto reaching seventy years of age, whichever is earlier.
They are eligible for re-appointment of another five years or up to the age of
reaching seventy years whichever is earlier. However such re-appointment is
subject to satisfying the conditions, qualifications discussed earlier.
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