Composition of the District Forum under the Consumer Protection Act, 2019

The District Forum is a key component in the consumer dispute redressal mechanism established under the Consumer Protection Act, 2019. It provides an accessible forum at the district level for consumers to file complaints against unfair trade practices, defective goods, and deficient services. The composition of the District Forum is designed to ensure that the forum is led by qualified individuals who possess the necessary expertise and experience to deal with consumer issues efficiently and fairly.

1. Composition of the District Forum

As per Section 10(1) of the Consumer Protection Act, 2019, the District Forum consists of the following members:

(a) President of the District Forum:

• The President of the District Forum must be a person who is, or has been, or is qualified to be, a District Judge.
• The President’s role is to lead the District Forum and oversee the legal proceedings to ensure that the decisions are made impartially, based on the facts and legal provisions.
• The President plays a critical role in the judicial decision-making process, ensuring the principles of natural justice are followed.

(b) Two other Members:

• The District Forum is also composed of two other members, one of whom must be a woman. These members are required to meet the following qualifications:i. Age Requirement:
  • The members must be not less than 35 years of age.

  ii. Educational Qualification:

  • The members must possess a bachelor’s degree from a recognized university.

  iii. Knowledge and Experience:

  • The members must be persons of ability, integrity, and standing.
  • They should have adequate knowledge and experience of at least 10 years in fields related to economics, law, commerce, accountancy, industry, public affairs, or administration.
  • This experience is crucial for ensuring that the members are equipped to handle complex consumer issues across various sectors.

2. Disqualification for Appointment as a Member

To maintain the integrity and impartiality of the District Forum, certain disqualifications apply to individuals who wish to be appointed as members:

• Conviction for Moral Turpitude: A person who has been convicted and sentenced to imprisonment for an offence that, in the opinion of the state government, involves moral turpitude is disqualified.
• Undischarged Insolvency: Individuals who are undischarged insolvents are not eligible.
• Unsound Mind: If a person is declared to be of unsound mind by a competent court, they are disqualified.
• Removal from Government Service: If a person has been removed or dismissed from government service or from the service of a body corporate owned or controlled by the government, they are disqualified.
• Conflict of Interest: A person who, in the opinion of the state government, has a financial or other interest that may affect the discharge of their functions is disqualified.
• Other Disqualifications: The state government may also prescribe other disqualifications as it sees fit.

These provisions ensure that only individuals with high ethical standards and no conflicts of interest are appointed to the District Forum, safeguarding the rights of consumers.

3. Selection Process for District Forum Members

The appointment of members to the District Forum is carried out by the State Government based on the recommendations of a Selection Committee. The composition of the Selection Committee is as follows:

• Chairman: The President of the State Commission.
• Member: The Secretary of the Law Department of the state.
• Member: The Secretary in charge of the Department dealing with consumer affairs in the state.

If the President of the State Commission is unable to act as the Chairman of the Selection Committee, the matter is referred to the Chief Justice of the High Court, who may nominate a sitting Judge of the High Court to act as Chairman.

4. Conclusion

The District Forum plays a vital role in the consumer protection mechanism in India, ensuring that consumers have access to affordable and efficient justice at the grassroots level. The composition of the District Forum is designed to ensure that it is led by qualified and experienced individuals who are free from bias and conflicts of interest. The careful selection process, along with the disqualification criteria, helps maintain the credibility and effectiveness of the consumer redressal system.

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