Function of State Commission

State Commission is the apex consumer court in the State for disposal of consumer cases under which various consumer cases are admitted, heard and disposed to redress the grievances of consumers in line with section 42 sub-section (2) and (3) of the Consumer Protection Act, 2019. The court of the State Commission comprises of President with 4 (four) Members. 

The common consumer cases admitted in this Commission are listed below:

  1. Consumer Complaint (C.C.)
  2. First Appeal (F.A.)
  3. Revision Petition (R.P.)
  4. Review Application (R.A.)
  5. Execution Application (E.A.)

Apart from the above listed cases, there are other cases which are entertained and adjudicated by the State Commission as and when application is received and admitted by the same which comes under its purview and pecuniary jurisdiction.


Powers and Functions of State Commission are as under :

* Transfer of cases –As per Section 48 of Consumer Protection Act, 2019 (CPA, 2019), on application of the complaint or its own motion, the State Commission may at any stage of the proceeding, transfer any complaint pending before the District Commission to another District Commission within the State if the interest of justice so requires.

 

* Circuit Benches – As per Section 42(2) of CPA 2019, The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette:

Provided that the State Government may, by notification, establish regional benches of the State Commission, at such places, as it deems fit.

 

* Hearing of appeal – As per Section 41 of CPA 2019, Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within aperiod of forty-five days from the date of the order, in such form and manner, as may be prescribed:

 

Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period:

 

Provided further that no appeal by a person, who is required to pay any amount interms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent.of that amount in the manner as may be prescribed:

Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.

Pecuniary jurisdiction : Exceeding 50 Lakhs and upto 2 Crores

Territorial jurisdiction : State of Mizoram.


                                                                               OFFICE BUILDING

The building of the State Commission at Tuikhuahtlang was occupied from 05.09.2002. However, the office building was repaired and renovated during 31.08.2008 till 27.11.2008 and the building of Pu TBC Rozara was occupied during this interim period.

 The details of occupancy of the building is as below :

State Commission Office :-

SI.No.

Floor

Occupant/Room

1.

1st Floor

Court Room, Registrar Room & Staff Room and Toilet

2.

2nd Floor

President Room (Toilet attached), Member Room, Toilet, EPABX Room, Lobby Room.

3.

Ground Floor

Garage & Store Room

 

District Commission Office :-

SI.No.

Floor

Occupant/Room

1.

  1st & 2nd Floors 

Ground Floor (Half)

Occupied by State Consumer Disputes Redressal Commission (State Commission)

2.

Basement  I & II     and 

Ground Floor (Half)

Occupied by District Consumer Disputes Redressal Commission

3.

Ground Floor

Garage & Store Room


                                                                   FUNDING SOURCES

All the constructions and acquiring of non-building assets has been funded from financial assistance received from Govt. of India under the Central Sector Scheme (CS Scheme) – ‘Strengthening of Consumer Fora’. This scheme has two components – building and non-building purpose. Cent per cent financial assistance was received for construction of building and for acquiring of non-building assets. However, whenever a new building is to be constructed, the land is provided by the State/Ut, either free of cost or after bearing the expenditure from its own resources. State Government had purchased land from VL Muana, S/o Hranghleia (L), MissionVeng bearing LSC No. AZL 415 of 1973) for the construction of State and Aizawl District Commission building. It may be noted that during the initial phase when construction of building was started, matters relating to State/District Fora were placed under Law & Judicial Department.

A total of Rs. 97.00 lakh had been received for construction of State Commission building. As mentioned in the previous table, State Commission building is jointly occupied by the State and District Commission, Aizawl.

As for Salary, Wages and Honorariums, etc of employees, Presidents and Members of State Commission, they are fully funded by the State Government from the normal State Budget from the below mentioned head of accounts.

 

Head of Accounts :- 

3456 – Civil Supplies

           00 - 

           102 – Food Subsidies

01– State Commission