Home India Ministry of Consumer Affairs, Food and Public Distribution In exercise of the powers conferred by Section 55 of the Con...
Date: 2021-07-22 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by Section 55 of the Consumer Protection Act

Issued by Ministry of Consumer Affairs, Food and Public Distribution · Department of Consumer Affairs

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Executive Summary & Key Takeaways

## Policy Analysis Report: Appointment of Member to the National Consumer Disputes Redressal Commission (NCDRC) **1. Executive Summary:** This report analyzes a notification from the Ministry of Consumer Affairs, Food and Public Distribution regarding the appointment of a Member to the National Consumer Disputes Redressal Commission (NCDRC). The core purpose of this notification is to announce the appointment of Shri Binoy Kumar as a Non-Judicial Member to the NCDRC. This appointment aims to strengthen the NCDRC's capacity to address consumer disputes effectively. The key findings are the details surrounding the appointment, including its effective date, duration, and conditions. **2. Introduction:** This report aims to provide a comprehensive overview of a notification published in the Gazette of India concerning the appointment of a Member to the National Consumer Disputes Redressal Commission (NCDRC). The analysis is based solely on the information provided in the notification text. **3. Policy Overview:** * This is a *new* policy action – a specific appointment under existing rules, rather than an amendment to an existing consumer protection policy or law. * **Core Objective:** The core objective is to fill a position within the NCDRC with a qualified individual, in this case, Shri Binoy Kumar as a Non-Judicial Member. This is done to maintain and enhance the functionality of the NCDRC in resolving consumer disputes. **4. Background and Rationale:** As this is a new appointment notification, the underlying issue is likely a vacancy within the NCDRC that needs to be filled. The appointment aims to ensure the continued effective functioning of the NCDRC and adherence to the Consumer Protection Act, 2019. The appointment ensures that the commission is adequately staffed to fulfill its mandate. **5. Key Provisions / Changes:** * The notification announces the appointment of Shri Binoy Kumar as a Non-Judicial Member of the NCDRC, effective from 14.07.2021. * The appointment is for a period of four years from the date of assuming charge, or until the age of 67 years, or until further orders, whichever is the earliest. * The appointment is subject to the outcome of Writ Petition No. 15732020 filed in the Bombay High Court, Nagpur Bench. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders include: * **The NCDRC:** This notification directly affects the operational capacity and composition of the NCDRC. * **Consumer Affairs Department:** The Department of Consumer Affairs is responsible for the execution of this appointment. * **Shri Binoy Kumar:** The appointed member. * **Litigants before the NCDRC:** Parties involved in consumer disputes before the NCDRC, as the composition of the commission affects the dispute resolution process. * **Businesses and Service Providers:** As the NCDRC's work can affect businesses, the appointment of a new member can impact the types of decisions that are rendered. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Consumer Affairs, Food and Public Distribution, specifically the Department of Consumer Affairs, is responsible for the appointment. * **Timelines:** The appointment is effective from 14.07.2021. The duration is four years or until the age of 67, or until further orders. * The Department of Personnel and Training was involved, as indicated by the reference to communication No. 9172020EO SMII, dated 11.5.2021. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this appointment is to ensure the NCDRC has adequate personnel to effectively address consumer disputes. This supports the enforcement of the Consumer Protection Act, 2019. The appointment will contribute to the smooth functioning of the NCDRC in adjudicating consumer grievances, and maintaining consumer confidence in the redressal mechanism. The appointment potentially impacts the types of cases that are taken on by the NCDRC and the decisions rendered based on the specific experience that the appointee has in his or her background. **9. Conclusion:** The notification detailed the appointment of Shri Binoy Kumar as a Non-Judicial Member to the NCDRC. This appointment is a significant step in maintaining the operational effectiveness of the NCDRC. The notification is important because it demonstrates the government's commitment to ensuring consumer protection by adequately staffing key regulatory bodies. The industry should be aware of the changes in staffing and potentially adjust business practices depending on any impacts from the new appointee to the board.

Key Entities Referenced

Consumer Protection Act, 2019: A law under Section 55 of which the powers are exercised. Tribunal, Appellate Tribunal and other Authorities Qualifications, Experience and other Conditions of Service of Members Rules, 2020: Rules read with Section 55 of the Consumer Protection Act, 2019. Appointments Committee of the Cabinet ACC: Committee whose approval was conveyed by Department of Personnel and Training. Department of Personnel and Training: Department that conveyed the approval of the Appointments Committee of the Cabinet. National Consumer Disputes Redressal Commission NCDRC: The entity to which members are being appointed. Shri Binoy Kumar: Appointed as Member, National Consumer Disputes Redressal Commission NCDRC. Bombay High Court, Nagpur Bench, Maharashtra: Court where Writ Petition No. 15732020 is filed, the outcome of which the appointment is subject to. Department of Consumer Affairs: The department under the MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION that issued the notification.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-22072021-228420 xxxGIDHxxx CG-DL-E-22072021-228420 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 2695] नई ददल्ली, बोृ स्ट्प जतवार, िुलाई 22, 2021/आर्षाढ़ 31, 1943 No. 2695] NEW DELHI, THURSDAY, JULY 22, 2021/ASHADHA 31, 1943 उपभोक्ता मामल,े खाद्य एव ंसाविव जनक जवतरण मत्रं ालय (उपभोक्ता मामल ेजवभाग) अजधसचू ना नई ददल्ली, 22 िुलाई, 2021 का.आ. 2901(अ).—न् यायाजधकरण, अपीलीय न् यायाजधकरण तथा अन् य प्राजधकारी ससदस्ट् यों को योय यता, अनुभव एवं अन् य सेवा ित)तें) जनयमावली, 2020 को धारा 4 के साथ पठित उपभोक्त ा संरषण ण अजधजनयम, 2019 को धारा 55 द्वारा प्रदत्त िजक्तयों का प्रयोग कर तथा कार्ममक और प्रजिषण ण जवभाग के ददनांक 11.5.2021 के पत्र संख् या 9/17/2020 - ई ओ सएस एम-II) द्वारा संसूजचत मंजत्रमंडल को जनयुजक्त सजमजत के अनुमोदन से केन् रीय सरकार एतद्द्वारा जनम्नजलजखत व्यजक्त को नीचे ददए जववरण के अनुसार कायव भार संभालने को तारीख स े 4 वर्षों के जलए या 67 वर्षव को आय ु प्राप् त ोोन े तक या अगले आदिे ों तक, िो भी पोल े ोो, तक को अवजध के जलए राष्‍टर ीय उपभोक्त ा जववाद प्रजततोर्ष आयोग सएनसीडीआरसी) म ेंसदस्ट् य के पद पर जनयुक्त करती ो : क्र.सं. माननीय सदस्ट्य का नाम न्याजयक/ग:र-न्याजयक एनसीडीआरसी म ेंकायवभार ग्रोण करने को तारीख 1. श्री जबनोय कुमार ग:र-न्याजयक 14.07.2021 2. यो जनयुजक्त बॉम्बे उच् च न् यायालय, नागपरु पीि में दायर को गई ठरट याजचका संख् या 1573/2020 के पठरणाम के अधीन ोोगी। [फा. सं. ि-े 1/5/2018- सीपीयू भाग स3)] अनुपम जमश्रा, संयुक् त सजचव 4002 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION New Delhi, the 22nd July, 2021 S.O. 2901(E).—In exercise of the powers conferred by Section 55 of the Consumer Protection Act, 2019 read with rule 4 of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020, and with the approval of the Appointments Committee of the Cabinet (ACC), conveyed by Department of Personnel and Training vide communication No. 9/17/2020-EO (SM-II), dated 11.5.2021, the Central Government hereby appoints the following to the post of Member, National Consumer Disputes Redressal Commission (NCDRC) as per details given below, for a period of four years with effect from the date of assumption of the charge, or till attaining the age of 67 years, or until further orders, whichever is the earliest. S. No. Name of the Hon’ble Member Judicial/Non-Judicial Date of joining in NCDRC 1. Shri Binoy Kumar Non-Judicial 14.07.2021 2. The appointment is subject to the outcome of the Writ Petition No. 1573/2020 filed in the Bombay High Court, Nagpur Bench. [F. No. J-1/5/2018- CPU Part (3)] ANUPAM MISHRA, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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