1

CHAPTER-I Introduction
The consumer has a right to be protected from defective goods and services. He has a right to be informed and the right to choose from a variety of goods and services. The consumer also has a right to be heard and to seek redressal in case of a deficiency or defect in goods or services purchased. It is important for all consumers to know their rights and to be able to exercise those rights freely. To provide speedy and simple redressal to consumer disputes, quasi judicial machinery is set up at the District, the State and the Central levels by the Consumer Protection Act, 1986. These quasi judicial bodies are expected to follow the principles of natural justice and have been empowered to give reliefs of a specific nature and to award, compensation to consumers, wherever it is found appropriate. Therefore, a consumer is entitled to approach a Consumer Court for justice. The researcher will be dealing with the quasi judicial machinery set up at the State levels which are known as State Consumer Dispute Redressal Forum or State Commissions. The State Consumer Dispute Redressal Forums are established by the notification of the State Government. In total there are 35 State Commissions in India, one in each State in India and one in each Union Territory. The objects of the State Commission are laid down in Section 8 of the Consumer Protection Act, 1986. The prime object is to promote and protect the rights of the consumers such as (a) the right to be protected against marketing of goods which are hazardous to life and property, (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against the unfair trade practices, (c) the right to be assured, wherever possible, access to an authority of goods at competitive prices, (d) the right to be heard and to be assured of that the consumers interests will receive due considerations at appropriate forums, (e) the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers and (f) the right to consumer education.1

THE CONSUMER PROTECTION ACT, 1986.

2 1.1 Research Plan In this project, the subject State Consumer Dispute Redressal Forum/State Commission has been traced and analysed through a thorough study of the Consumer Protection Act, 1986 and articles along with cases based on it. Thus, the project has been presented in the best possible way so that the readers of the project can get a maximum benefit out of it. 1.2 Research Scheme In the First Chapter, the researcher has introduced the topic by stating as to how State Commission originated and what are the objectives behind it being started and what are the steps that a consumer should take on his rights being hampered. In the Second Chapter, the researcher tries has elaborated on the qualifications a person should posses to become its member and also the exceptions to it. The term of their membership is also discussed. In the Third Chapter, the researcher has tried to expound on the jurisdiction of the State Commission as in what all cases would come under its ambit i.e. what all cases can it entertain along with the exceptions. In the Fourth Chapter, the researcher has tried to discuss the instances as to how an appeal goes from a District Commission to the State Commission, similarly from the State Commission to the National Commission. He has tried to explain various Section of the Consumer Protection Act along with the cases relating to those Sections. In the Fifth Chapter, the researcher has tried discussing the Procedure Applicable to the State Commission which includes the manner in which the complaint shall be filed, the procedure on admission of a complaint and what the findings of the State Commission is. He again has explained these with the help of relevant cases wherever possible. In the Sixth Chapter, he has tried discussing a recent case at the Delhi State Commission to show as to how they completely look into and finally decide and conclude a case looking at the current scenario. In the Seventh Chapter, the researcher concludes by stating how advantageous the Consumer Protection Act has been and how it has proved successful. 1.3 Research Methodology The research methodology adopted is doctrinal keeping in mind the conceptual, theoretical and evaluative aspects of the topic. The study on the topic has been extensive

3 ranging from researching law books in the Library of the District Court, Kanpur and also researching the official sites of various State Commissions and National Commission. Many sources have been referred to and any such reference is footnoted for convenience. The aim of this research has been, not only to gather facts and information, but also to substantiate any view points put forth.

CHAPTER-II Composition of the State Commission

The composition of the State Commission has been mentioned in Section 16 of the Consumer Protection Act, 1986 It comprises of a President of the Forum and not less than 2 members or not more than the number of members as may be prescribed. The President of the Forum is appointed by the State Government by the prior consultation of the Chief Justice of the High Court and should be a person who is or has been a Judge of a High Court as is mentioned in Section 16 (1) (a) of the Consumer Protection Act, 1986. One of the members of the Commission has to be a woman. The members should not be less than 35 years of age with a bachelors degree from a recognized University and should be persons with ability, integrity and standing and have adequate knowledge and experience of at least 10 years in dealing with the problems relating to economics, law, commerce, accountancy, industry, public affairs or administration as is mentioned in Section 16 (1) (b) of the Consumer Protection Act, 1986. Not more than 50 % of the members of the Commission appointed can be persons with judicial background who are persons having knowledge and experience of 10 years as a presiding officer at the District Level Court or any Tribunal at equivalent level. The appointments to the above posts are made by the State Government on the recommendations of a Selection Committee which comprises of the President of the State Commission who acts as its Chairman and the Secretary of the Law Department of the State and Secretary in charge of Department dealing with the Consumer Affairs in the State who act as its members. In case of the absence of the President of the State Commission to act as the Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court to nominate any sitting Judge of that High Court to act as its Chairman. The Government has no authority to pick up candidates of its choice and present them before the Selection Committee for their approval; the appointment of members can only be made on recommendations of the Selection Committee but in absence of rules constituting the Secretariat for the Selection Committee for undertaking full selection process, the concerned department can call for applications, shortlist eligible candidates and present the names to the Selection

5 Committee for selection.2 Government if not following the recommendations of the Selection Committee for the appointment of the State Commissions members is bound to give proper reasons for it.3 Every member of the State Commission holds office for a term of 5 years or till the age of 67 years whichever is earlier and is eligible for re-appointment for another term on recommendation of the Selection Committee subject to the condition that he fulfills all the qualifications and conditions for appointment mentioned in the Section 16 (1) (b) of the above mentioned Act. Even the President of the Commission is eligible for re-appointment as the President in the manner provided in Section 16 (1) (a) of the Act. A member may resign by writing a letter under his hand addressed to the State Government and if such a resignation is accepted the vacant seat may be filled by the appointment of a person possessing the required qualifications. The post of the members of the Commission is not a service post; it is a statutory appointment which enables a person to work along with a person of the status of a retired High Court Judge. A member has equal right with the President so far as the decision of cases is concerned and also two members together can override the view of the President. They cannot be removed at the mere desire of the President as they do not hold office during pleasure of the President of the Commission.4 A person is not entitled i.e. he is disqualified from becoming a member of the Commission if he (a) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude/ wickedness, (b) is an undischarged insolvent, (c) is of unsound mind and stands so declared by a competent Court, (d) has been removed or dismissed from the service of the Government, (e) has some financial interest in the opinion of the State Government which may affect the discharge of his functions prejudicially and may not be just. Under Section 28 of the Consumer Protection Act, 1986, no suit, prosecution or other legal proceedings can lie against any member of the State Commission or any officer or person acting under its order for executing any order made by it or in respect of

2 3

ILR 2005 (1) Ker 117 ref. from Manohar and Chitaley, THE AIR MANUAL, 6th ed. Vol. 14 2008, p. 680. 2007 (2) Ker LJ 89 ref. from Ibid, p. 682. 4 2002 (2) Raj LW 872 (878) ref. from Ibid, p. 682.

6 anything which is in good faith done or intended to be done by such member, officer or person under this Act or under any order or rule made there under.

CHAPTER-III Jurisdiction of the State Commission

The jurisdiction of the State Commission is stated in Section 17 of the Consumer Protection Act, 1986. It has jurisdiction over complaints where the value of the goods or services and the compensation, if any, claimed is between Rupees twenty lakhs and one crore as is mentioned in Section 17 (1) (a) of the Consumer Protection Act, 1986. Initially it had jurisdiction over complaints where value of goods or services was between Rupees five lakhs and twenty lakhs but it was only later that its pecuniary limits of jurisdiction were enhanced and fixed from Rupees twenty lakhs up to one crore by the Consumer Protection (Amendment) Act, 2002. It also entertains appeals against the orders of any District Forum within the State. If we take the case of Pushpa Buri v. Chawla Dry Cleaners,5 the complainant filed a complaint against the defendant who was a dry cleaner for deficiency in service in cleaning the saree delivered to her; the District Forum dismissed the complaint and thus an appeal was made to the State Commission against its decision. The State Commission held the defendant guilty awarding compensation to the appellant holding that the appellant being a working lady would not have spare time and so would not have approached the District Forum but for the harassment, grievance and inconvenience caused to her by the defendant. It can also call for the records and pass appropriate orders in any consumer dispute which is pending or has been decided by any District Forum within the State, where it feels that such District Forum has exercised a jurisdiction not vested in it by law or has failed to exercise jurisdiction vested in it or has acted in exercise of its jurisdiction illegally or with material irregularity as is mentioned in Section 17 (1) (b) of the Act. If we take the case of Mining Engineer Mines & Geology Deptt. v. Saddam Hussain,6 the District Forum passed order to restrain opening of tenders stating that they were not free from defects, the order was passed by one of the members of the District Forum representing herself as the President of the District Forum, together with another member.
5

(1997) 3 CPR 283 (Chandigarh S.C.) ref. from Raj Kumar Singh Tyagi, CONSUMER LAWS DIGEST, 1st ed. 2001, p. 368. 6 (1994) 2 CPJ 411 (Rajasthan S.C.) ref. from Ibid, p. 369.

8 The State Commission revised this and held that the order suffered from illegality on its face since the President of the District Forum was a necessary party to order. A complaint is instituted in a State Commission within the limits of whose jurisdiction-(a) the opposite party or each of the opposite parties, where there are more than one at the time of institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain (Considering the case of Aarushee Gupta v. Western India Securities, 7 the complaint was filed in the Forum where the complainant resided but it was found that the opposite party i.e. the defendant had his branch office outside jurisdiction of the Forum. Hence, the complaint was returned stating that the residence of the complainant does not confer jurisdiction); or (b) when any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such a case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises. 8 If we consider the case of Bhasker Khulbe v. Satwant Singh,9 the goods entrusted to the defendant at Jalpaiguri in West Bengal for delivery at Delhi caught fire near Kanpur District in Uttar Pradesh. The complaint for compensation was filed in Delhi, it was held since part of cause of action arose at Delhi, the Delhi State Commission had jurisdiction to entertain the complaint. On the other hand if we consider the case of Subedar Major (Retd.) Jaswant Singh v. Meerut Development Authority,10 the complainant had deposited the amount for allotment of a plot at Meerut, a district in Uttar Pradesh through a bank at Chandigarh. On not being delivered the possession of the flat, the complaint was filed at Chandigarh but was dismissed on the grounds that mere depositing money at Chandigarh would not confer jurisdiction on the State Consumer Dispute Redressal Forum at Chandigarh. Under Section 17-A of the Consumer Protection Act, 1986 the State Commission may on receiving the application of the complainant transfer any complaint at any stage
7 8

(2001) 1 CPJ 219 (Delhi S.C.) ref. from Supra no. 5, p. 370. Section 17(2) of the Consumer Protection Act, 1986. 9 (1993) 1 CPJ 594 (Delhi S.C.) ref. from Supra no. 5, p. 367. 10 (2000) 2 CPJ 420 (U.P. S.C.) ref. from Supra no. 5, p. 367.

9 of the proceeding pending before the District Forum to another District Forum within the State if the interest of justice so requires. It was also established in the case of Amarjit Singh v. Zonal Assistant Commissioner.11 Under Section 17-B of the Consumer Protection Act, 1986 the State Commission ordinarily functions in the State Capital but may function at such other places as the State Government may notify in consultation with the State Commission in the Official Gazette from time to time. In this way the State Commission holds Circuit Benches. Under Section 24-A of the Act neither the State Commission nor the other Commissions can admit the complaint after 2 years from the date on which the cause of action arose except when it is satisfied that there was sufficient cause for not filing the complaint within that period. The Commissions also need to record the reasons for condoning such delay. If we consider the case of S.C. Segaram v. ANZ Grindlays Bank,12 earlier the complaint was filed against wrong persons unknowingly and was thus dismissed. Subsequently, another complaint was filed against proper persons, the Tamil Nadu State Commission condoned the delay in presenting the subsequent complaint as there was sufficient cause for not filing the complaint within 2 years. On the other hand if we take the case of Kamlesh Kumari v. Union of India, 13 the complainant claimed interest which was refused by the opposite party on 31st March, 1996. Complaint for recovery was filed on 21st August, 1998 after the delay of about 4 months which ought to have been filed within 2 years from the date of cause of action. Hence the complaint was barred by time and dismissed.

CHAPTER-IV Appeals To and From the State Commission

11 12

(1996) 1 CPJ 14 (Delhi S.C.) ref. from Supra no. 5, p. 367. (1995) 1 CPJ 323 (Tamil Nadu S.C.) ref. from Supra no. 5, p. 393. 13 (2001) 2 CPJ 427 (Punjab S.C.) ref. from Supra no. 5, p. 394.

10 The appeals against the order of the District Forum lies with the State Commission and appeals against the order of the State Commission lie with the National Commission. Further, appeals against the order of the National Commission lie with the Supreme Court of India. Further by the Consumer Protection (Amendment) Act, 2002 provision for deposition of either 50% of the amount of compensation or fine or deposition of Rs. 25,000 in case of appeal to a State Commission from the District Forum, Rs. 35,000 in case of appeal from the State Commission to the National Commission, Rs. 50,000 in case of appeal from the National Commission to the Supreme Court whichever is less was introduced. Under Section 19-A added by Consumer Protection (Amendment) Act, 2002, when an appeal is filed before a State Commission or a National Commission it should be heard as expeditiously as possible and an attempt should be made to finally dispose it off within a period of 90 days from date of admission of appeal, but in case where an appeal is disposed off after the specified period, the reasons for the same at the time of disposing it off should be recorded in writing.. It is also provided that there would be no grant of adjournment ordinarily unless sufficient cause is shown and reasons for it have been recorded by such Commission in writing. These Commissions may also make orders as to the costs occasioned by the adjournment. 4.1 Appeals to State Commission from the District Forum Appeals from the District Forum lie with the State Commission under Section 15 of the Consumer Protection Act, 1986. Any person aggrieved by the order made by the District Forum may prefer an appeal against such order to the State Commission which has to be within 30 days of the passage of the order by the District Forum. The State Commission might accept i.e. entertain an appeal from the District Forum even after the expiry of the prescribed period of 30 days if it is satisfied that there was sufficient cause for not filing it within that period. If we take the case of Asstt. Executive Engineer World Bank v. Gracy Paulose Thekkinadathuveedu,14 the appeal against the order of the District Forum was filed after 46 days from the date of passage of the order by the District Forum; there was a delay of 16 days from the prescribed time limit of 30 days for filing of appeal. The State Commission accepted the appeal considering the explanation for the
14

1996 (3) CPJ 601 (Kerala S.C.) ref. from Supra no. 5, p. 297.

11 delay sufficient on the grounds that the delay was caused due to severe and excessive pressure of work on the appellant, hence it was condoned. On the other hand if we take the case of Chinar Exports Ltd. v. Om Prakash Sahni,15 appeal to the State Commission was filed late and the explanation for delay given was that the official concerned had proceeded on leave. The State Commission did not accept the appeal on the grounds that the reasoning given was not sufficient cause for condoning of delay. It is also provided that no appeal by a person against the order of the District Forum shall be entertained by the State Commission unless the appellant has deposited the amount he is required to deposit in terms of order of the District Forum or 50 % of the compensation or fine or Rs. 25,000 whichever is less. Insistence of deposition of specified sum cannot be considered unreasonable or arbitrary because the object of this provision is to protect the interest of the consumer in appeal filed against the decision of the District Forum.16 As per the researcher this is so, so that the parties at fault may not file frivolous appeals even if they might know they are at fault. State Commission has power to stay operation of order of District Forum to prevent irreparable loss that may emanate in the absence of stay. Hence writ petition filed against the order of Consumer Forum only for the purpose of obtaining stay is not maintainable.17 4.2 Appeals from State Commission to National Commission Any person aggrieved by the order of the State Commission can go in appeal to the National Commission under Section 19 of the Consumer Protection Act, 1986, within 30 days from the date of the order of the State Commission, only in cases where the value of goods and services exceeds Rupees 20 lakhs but is less than 1 crore i.e. complaints in which the State Commission has the original jurisdiction. The National Commission may accept the appeal even after the time lapse of 30 days if it is satisfied that there was sufficient cause for not filing the appeal. In the case of Maria Francis Ajijia v. Reverend Father R. Ratchagar,18 appeal to the National Commission was filed late beyond the limitation period and was dismissed by it on the grounds that the application for condonation did not furnish any satisfactory explanation for delay.
15 16

1998 (2) CPJ 28 (Delhi S.C.) ref. from Supra no. 5, p. 297. 2006 (6) Andhra LT 19 (DB) ref. from Supra no. 2, p. 678. 17 2003 (2) Gau LR 297 ref. from Supra no. 2, p. 678. 18 1995 CCJ 886 (N.C.) ref. from Supra no. 5, p. 380.

12 It is also provided that no appeal by a person against the order of the State Commission shall be entertained by the National Commission unless the appellant has deposited the amount he is required to deposit in terms of order of the State Commission or 50 % of the compensation or fine or Rs. 35,000 whichever is less. 4.3 Appeals against orders passed under Section 27 of CPA Any trader or a person against whom a complaint is made or the complainant himself, when fails or omits to comply with any order passed by the District Forum or the State Commission or the National Commission, is punishable with minimum imprisonment of one month which may extend to 3 years or with minimum fine of Rs. 2,000 which may extend up to Rs. 10,000 or with both. The District Forum or the State Commission or the National Commission are also conferred the powers of the Judicial Magistrate of First Class for the purpose of Code of Criminal Procedure, 1973 for trial of offences under this Act. Thus offences under this Act may be tried by the District Forum or the State Commission or the National Commission as the case may be. As mentioned in Section 27-A of the Consumer Protection Act, the appeals both on fact and on law lie against the order of the District Forum to the State Commission and against the order of the State Commission to the National Commission and against the order of the National Commission to the Supreme Court. Except as aforesaid no appeal shall lie to any Court from any order of District Forum or State Commission or National Commission and every appeal under this Section shall be made within 30 days of the order passed by the any of three Forums as the case may be. The Court of Appeals may accept the appeals even after 30 days if they are satisfied that appellant had sufficient cause for not filing the appeal.

CHAPTER-V Procedure Applicable to State Commission

5.1 Manner in which the complaint shall be filed

13 A complaint may be filed with the State Commission by the consumer regarding any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided to him. It may also be filed by any recognized consumer association19 even when the consumer to whom the goods sold or delivered or service provided or agreed to be sold or provided may not be a member of the association. The complaint can also be filed by one or more consumers, if there are numerous consumers having same interest for benefit of all consumers so interested by seeking permission of the State Commission. It can also be filed by the Central or the State Governments both in its individual capacity as well as representatives of the interests of consumers. Fees is also required to be deposited along with the complaint and on receipt of complaint it depends on the State Commission whether to accept the complaint or reject it but it cannot reject any complaint without hearing the complainant. The admissibility of the complaint is required to be decided within 21 days of receiving the complaint. Where a complaint has been admitted by any State Commission it should not be allowed to be transferred to any other Court or Tribunal or any authority set up under any law in force for the time being. 5.2 Procedure on admission of the complaint On admission of the complaint a copy of the admitted complaint is referred to the opposite party within 21 days of its admission to give his version or views of the case within 30 days or a period not exceeding 45 days as may be prescribed by the State Commission. If the opposite party on receipt of the complaint denies or disputes the allegations in the complaint or fails or omits to take any action within the prescribed time limit, the State Commission shall obtain a sample of the goods from the complainant in the case where defects in goods is alleged, seal it and send it to the appropriate laboratory for analysis and finding whether the goods mentioned, suffer with any defects as mentioned in the complaint or with any other defect. The laboratory is to report its findings to the State Commission within a period of 45 days of receipt of the reference or within such extended time period as may be granted by the State Commission. The complainant is required to deposit fees as may be specified to the State Commission for payment to the
19

Recognized consumer associations is any voluntary consumer association registered under Companies Act, 1956 or any other law for the time being in force.

14 laboratory for carrying out tests on the goods in question. The State Commission forwards the report from the laboratory to the opposite party along with remarks as it may feel appropriate to be added. The opposite parties if have any problems with the correctness of findings or with the methods of analysis or with the tests adopted by the laboratory are required to submit in writing the objections in regard to the report made by the appropriate laboratory and submit it to the State Commission. Thereafter, the State Commission gives an opportunity to the opposite party as well as the complainant to be heard regarding the correctness or the report made by the appropriate laboratory or objections filed by the opposite party regarding the report of the laboratory. In the case where a service is in question i.e. if the complaint relates to any service then where the opposite party on receipt of the complaint denies or disputes the allegations in the complaint or fails or omits to take any action within the prescribed time limit, the State Commission proceeds to settle the consumer dispute, (a) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint; (b) ex parte on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the State Commission. If the complainant only fails to appear on the date of hearing, the State Commission might either dismiss the complaint or might render decision on the basis of the merits of the case. The case should be dealt with as expeditiously as possible. In cases where there is no test or analysis in an appropriate laboratory required the complaint should be decided within 3 months i.e. 90 days from the date of receipt of notice by the opposite party, whereas in cases where there is test in an appropriate laboratory required the complaint should be decided within 5 months of date of receipt of notice by the opposite party. During the proceedings of the case, the State Commission is also authorized to pass any interim order as is just and proper in the facts and circumstances of the case if it is necessary. The State Commission also has the powers as are vested in a Civil Court under Code of Civil Procedure, 1908 while trying a case in matters of summoning and enforcing the attendance of any defendant or witness and examining the witness on oath,

15 discovery of any document or material object producible as evidence, receiving of evidence on affidavits, requisitioning of the report of the concerned analysis or the test from the appropriate laboratory or from any other relevant source, issuing of any commission for the examination of any witness and for any other matter which may be prescribed.20 5.3 Finding of the State Commission After the proceedings have been satisfactorily carried out and the State Commission is satisfied that the goods complained of suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it can issue an order to the opposite party: (a) to remove the defect pointed out by the appropriate laboratory in the report; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return the complainant the price, or, as the case may be, the charges paid by the complainant; (d) to pay such amount as may be awarded as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party; (e) to remove the defects in the goods or deficiencies in the services in question; (f) to discontinue the unfair trade practice or restrictive trade practice or not to repeat them; (g) not to offer the hazardous goods for sale; (h) to withdraw the hazardous goods from being offered for sale by either ceasing manufacture of hazardous goods and desisting from offering services hazardous in nature or paying such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers or to issue corrective advertisement to neutralize the effect of misleading advertisements at the cost of the opposite party responsible for issuing such misleading advertisement; (i) to provide for adequate costs to the parties.21
20 21

Supra no. 1, p. 22. Supra no. 1, p. 23-24.

16

All of the above mentioned proceedings are to be conducted by the President of the State Commission along with at least one member of the Commission. The orders passed by the State Commission are to be signed by the President and the member or members conducting the proceedings. There may be a situation where the proceeding is being carried by the President and one member of the Commission and they may differ on one or more points, then in that case those points are referred to the other member for hearing and then the opinion of the majority becomes the order of the State Commission. The procedure relating to the conduct of the meetings of the State Commission, its sittings and other matters are prescribed by the State Government. There may be a situation when a member of the State Commission is unable to conduct a proceeding till it is completed, then in that case the President and the other member of the State Commission continue with the proceeding from the stage it was last heard by the previous member.

CHAPTER-VI A Recent Case

6.1 Sabir Khan v. Delhi Institute of Computer Sciences22 The appellant filed the instant complaint for compensation for loss suffered by him on the allegation of having not been provided with job after completion of the
22

http://delhistatecommission.nic.in/ visited on 5th February, 2009.

17 Diploma Course in spite of assurance, However, the complaint vide order dated 05.11.2008 was dismissed on the ground that there was no such assurance. 6.1.1 Facts of the Case The appellant filed this appeal on the premise that he took admission with the respondent and opted for diploma course in multimedia being conducted by the respondent and also appeared in the examination for grant of scholarship which was totally sponsored by the respondent. A scholarship of 75% of the total fee was granted to the appellant by the respondent. The respondent told him that the examination was being conducted by the Ministry of Technology. The appellant had deposited Rs. 11000/- with the respondent and got admission along with 250 students. At the time of admission the respondent showed many dreams and promised that he will become a computer operator in six months and after nine months will be a Graphic Designer and in a year will become an Animator and will earn about Rs. 30000/- per month. The respondents also promised to give him a job after completion of the course. The course was only conducted to work and was in a dirty environment. The students complained to the Director but no action was taken to improve the system. On the completion of the course the Opposite Party gave him diploma. But the respondent did not complete the Multimedia course for which he had joined the Institute and no job had been provided by the respondent as promised by him. The respondent averred that the complaint was baseless and frivolous, as the same had been filed only with the ulterior motive and malafide intention to extract money. 6.1.2 Issues Raised (a) Whether or not the respondent was at fault for not providing the appellant with a jobUnless and until there is a written assurance given by the Institute for placement and for providing the job, job is never assured. Job depends upon the merits of the candidate. It had already been observed by the District Forum that the appellant had taken admission with the respondent in respect of the diploma course in multimedia being conducted by the respondent and the examination form exhibited on records showed that the applicant had taken admission voluntarily. There was also examination form on the records, which also showed that the appellant appeared in the examination voluntarily. The respondent

18 had also provided the appellant with the diploma which too was exhibited on the records. The duration of the course was July, 06 to July 07 and the grade given to the appellant was very good. It was also proved by the records that including the registration fees the appellant had only paid Rs. 11000/- with the respondent which was also admitted by the appellant. Therefore in these circumstances if any job was not provided to the appellant it was not the fault of the respondent because they had done their job of providing the appellant with the Diploma Certificate. 6.1.3 Judgment Since the respondent had already been provided with the Diploma Course Certificate after completion of the Diploma Course hence the appeal was dismissed on due to lack of merit in the appeal.

CHAPTER-VII Conclusion
Undoubtedly Consumer Protection Act, 1986 is a benevolent piece of social legislation, which protects large number of people from exploitation. The sole purpose of the Consumer Courts is to provide speedy and inexpensive redressal to the grievance of the consumer and provide him relief of a specific nature and provide the appropriate compensation. The people in this country are day by day getting aware of the role played

19 by the Consumer Courts in helping the needy and delivering speedy justice to them. People have now started feeling that they are in a position to declare Sellers be aware, whereas earlier consumers were at a receiving end and were told Buyers beware. Moreover the Consumer Courts are only meant for the ordinary consumers who have bought goods and services for their own use and needs. They are not meant for or rather they do not deal with the goods and services bought for the commercial or resale purposes. Consumer Forums are not meant for businesses, firms and industries but for the common man/consumer looking for quick and effective justice. Also in a Consumer Court it is not necessary that you need to hire a lawyer. You can argue for yourself. However if the matter is a complicated one it is always advisable to engage a lawyer with necessary experience in such matters. The State Commission has granted the party to the proceeding before the State Commission, the right to authorize a person of his choice to represent him and also examine and cross examine witnesses, address the Court and take part in the proceedings as the case may be. The efficient and effective programme of the Consumer Protection Act is of special significance for all of us because we all are consumers. Even a manufacturer of goods is a consumer of some other goods and services. Thus, if both the producers/service providers and consumers realize the need for co-existence the adulterated products and the deficiencies in service would become things of the past. The need of the hour is for total commitment to the consumer cause and social responsiveness to consumer needs. This should, however, proceed in a harmonious manner so that our society becomes a better place for all of us to live in.