Question

Megha purchased a food processing machine for ₹ 5,000 from Pooja Machinery Pvt. Ltd. She found that the machine was not working properly. Despite many complaints, the defect was not rectified by Pooja Machinery Pvt. Ltd.

1. Identify the consumer right that has been violated by Pooja Machinery Pvt. Ltd.
2. Suggest the appropriate forum where Megha can file her complaint.
3. Can she appeal to the Supreme Court if she is not satisfied with the order of the appropriate forum? Give reason in support of your answer.

Answer 1

1. The consumer right that has been violated by Pooja Machinery Pvt. Ltd. is the Right to Seek Redressal (as well as the Right to be Heard). Megha made multiple complaints after finding that the machine was not working properly, but the seller failed to rectify the defect, thereby denying her a resolution to her grievance.
2. The appropriate forum for Megha to file her complaint is the District Consumer Disputes Redressal Commission (District Commission). Since the purchase value of the food processing machine is ₹ 5,000, it falls well within the pecuniary jurisdiction of the District Commission (which handles claims up to ₹50 lakhs under current rules/ ₹1 crore under the original 2019 Act).
3. No, she cannot appeal directly to the Supreme Court if she is dissatisfied with the order of the District Commission. Reason: Under the Consumer Protection Act, there is a strict three-tier appellate hierarchy. If Megha is unhappy with the District Commission's verdict, she must file an appeal with the State Commission. Only appeals against original orders passed by the National Commission can be taken to the Supreme Court.