Legal Metrology Unit
The Legal Metrology Act, 2009 (1 of 2010) came into force on 1st April 2011 thus revoking the Standards of Weights & Measures Act, 1976 & Standards of Weights & Measures (Enforcement) Act, 1985. In accordance with this, the Weights & Measures Cell in the state of Sikkim has been reconstructed as the ‘Legal Metrology Unit’ beginning 1st April 2011, under the mandate of the Ministry of Consumer Affairs, Government of India. The unit also collaborates with the Consumer Protection Cell in the state.
The Government ensures through Legal Metrology Act, 2009 that, standards of weights and measures across the state are established and enforced, regulate trade and commerce in weights, measures and other goods that are sold or distributed by weight, measure or number.
The office also regulates the sale of commodities in “Pre-Packed form”. The Legal Metrology (Packaged Commodities) Rules, 2011 require mandatory declaration of certain basic information namely name of Manufacturer/Importer/Packer, common or generic name of the commodity, net quantity, month & year in which the commodity is manufactured/pre-packed/imported, retail sale price of the package and consumer care details on the packages to safeguard the interest of consumers. The Rules also require importers to provide these basic declarations on imported packages, similar to those for indigenous packages.
The Legal Metrology Unit under the Food, Civil Supplies & Consumer Affairs Department is responsible for enforcing the following Acts and Rules in Sikkim:-
The scope of Legal Metrology has expanded due to rapid development in science and technology. Moreover, in view of globalization of economics and vertical growth of high tech industrialization, there has been vast advancement in weighing and measuring techniques.
The Legal Metrology Unit has its headquarters at Gangtok for the North-East circle and a branch office at Jorethang for the South-West circle which was established during the year 1994.
Both the offices realizes 100% of the revenue fixed by the Government every year. This revenue is realized by way of verification& stamping of commercial weights & measures, weighing and measuring instruments and also as compounding fines.
Consumer Protection Cell
Objectives of the Act
The Consumer Protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive pieces of legislation enacted for the protection of consumers.
The three decade old Consumer Protection Act has recently been replaced by the Consumer Protection Act, 2019 which came into force on July 20, 2020.. The Act received the assent of the President of India and was published in the official gazette on August 9, 2019.
The new Act proposes a slew of measures and tightens the existing rules to further safeguard consumer rights. Introduction of a central regulator, strict penalties for misleading advertisements and guidelines for e-commerce and electronic service providers are some of the key highlights.
The Act intends to provide, simple, speedy and inexpensive redressal to the consumer’s grievances. For this purpose, the Act envisages three- tier quasi judicial machinery at the National, State and District levels. The Act enshrines certain rights of the consumers and provides for the setting up of Consumer Protection Councils in the centre, the State and District level. The objective of these Consumer Protection Councils will be to promote and protect the right of Consumer.
Extent & Coverage of the Act:
The salient features of the Act are summed up as under:-
1. The Act applies to all goods and services purchased or hired, unless exempted by the Central Government.
2. It covers all the sectors whether private, government, public or co-operative.
3. The provisions of the Act are compensatory in nature.
4. It enshrines the following rights of consumers:-
a. The Right to be protected against the marketing of goods that are hazardous to life and property,
b. The Right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to project the consumer against unfair trade practices,
c. The Right to be assured wherever possible, access to a variety of goods at competitive prices,
d. The right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums,
e. The Right to seek redressal against unfair trade practice or unscrupulous exploitation of consumers, and
f. The Right to consumer education.
Who is a Consumer?
All of us are consumer of goods and services. The producer of some goods and services are also consumer of various other goods and services produced by others.
In the case of goods, a consumer means a person belonging to the following categories.
1. One who buys any goods for consideration which has been paid or partly promised or under any system of deferred payment.
2. It includes any user of goods other than the person who actually buys and such use is made with approval of the purchaser.
In the case of services, a Consumer means a person belonging to the following categories.
3. One who hires any service or services for a consideration which has been paid or promised or partly paid or promised or partly paid and partly promised or under any system of deferred payment.
4. It includes any beneficiary of such service other than the one who actually hires the service for consideration and such service are availed with the approval of such person.
Inclusion of E-commerce:
Following categories of persons may file a complaint under the Act:-
1. A Consumer
2. Any voluntary Consumer Organization, registered under the Societies Registration Act, 1860 or the Companies Act, 1956 or under any law for the time being in force.
3. The Central Government.
4. The State Government or Union Territory Administrations.
What Constitutes A Complaint?
Under the Act, a complaint means any allegation in writing made by a complaint in regard to one or more of the following:-
1. Filing of a complaint depends on the cost of goods purchased or hiring of services and the compensation claimed for.
2. If the total claim is less than Rs. 1 Crore, the complaint can be filed in the District forum where the cause of action has arisen or where the complainant and opposite party normally reside.
3. If the total claims are above Rs.1 Crore but less than 10 Crore, the complaint has to be filed in the State Commission. Appeal against the order of any District Forum has to be filed in the State Commission as per the relevant provision incorporated in the Consumer Protection (Amendment) Act ,2002.
4. For any claim involving more than Rs 10 Crore, the complaint has to be filed in National Commission. Appeal against the order of the State Commission shall lie in the National Commission of the country duly adhering to the provision incorporated in the Consumer Protection (Amendment) Act, 2002, as enumerated in the subsequent chapter on the procedure for filing the appeal.
E-filing –
Every complaint filed under sub-section (1) of section 12 of the Act with a District Forum shall be accompanied by a fee, as specified in the table given below in the form of crossed Demand Draft drawn on nationalized bank or through a crossed Indian postal order drawn in favour of the registrar of the State Commission or the District Forum as the case may be, and payable at the respective place where the State Commission and District Forum are situated. The State Commission and the concerned District Forum shall deposit the amount of fee received in the State Consumer Welfare Fund Account.(TABLE BELOW ADDED)
A Complaint should contain the following information:
1. The name, description and the address of the complainant,
2. The name, description and address of the opposite party or parties, as the case may be as they can be ascertained,
3. The facts relating to complaint and when and where it arose;
4. Document, if any, in support of the allegations contained in the complaint.
5. The relief which the complainant is seeking.
The complaint should be signed by the complainant or his authorized agent. The standard form for filing complaint is annexed at Annexure-I.
Relief available to Consumer:
Depending upon the nature of relief sought by the consumer and facts, the Redressal forums may give order for one or more of the following reliefs:-
1. Removal of defects from the goods.
2. Replacement of the goods.
3. Refund of the price or
4. Award of compensation for the loss or injury suffered.
Time Limit for Deciding Complaint/ Appeal:
The thrust of the Act is to provide simple, speedy and inexpensive redressal to consumer grievances, the following provisions have been incorporated in the Act and the rules framed there are as under:
It is obligatory on the complainant or appellant of their authorized agents and the opposite parties to appear before the Forum / Commission on the date of hearing or any other date to which hearing could be adjoined. The National commission, State Commission and District Forum are required to decide complaints, as far as possible, within a period of three months from the date of notice received by the opposite party where complaint does not require analysis or testing of the commodities and within five months if it requires analysis or testing of commodities.
The National Commission and State Commission are required to decide the appeal as far as possible, within 90 days from the first date of hearing.
For Consumer Knowledge:
Government accords a high priority to the programme of consumer protection. It is a social movement that seeks to protect the rights of consumer in relations to innumerable forms of unfair trade practices, such as short weighment/ measurements, adulteration, fraudulent packages, misleading advertisement, sub-standard consumer goods, hoardings and black marketing. While the government has taken action to enforce consumer protection laws for safeguarding the interest of the consumer. It is equally important to educate the consumer about the legal protection available to them and to exercise proper selection in the purchase of goods and services, be informed about contents, quality and prices of goods and be heard about their grievances to ensure good health and safety.
In order to promote consumer awareness on a massive scale and at grass root level, the ‘WORLD CONSUMER RIGHTS DAY’ on 15th of March, and ‘NATIONAL CONSUMER DAY’, on 24th of December are observed throughout the country. The Central Government has also instituted the “Swami Vivekananda National Award”, for the youth, women and consumer organization performing outstanding work in the field of consumer protection.
As provided under the Act, the State Government has also constituted the State Consumer Protection Council with the inclusion of voluntary organization active in the field of consumer movement. A State Commission and a District Forum for each District has also been constituted for the redressal of consumer grievances.
THE ADDRESS OF THE CONSUMER DISPUTES REDRESSAL AGENCIES ARE AS FOLLOWS:
National Consumer Disputes Redressal Commission,
5th Floor, Janapath Bhawan New Delhi-110001
Telephone:(011)3327666/3016613/3317690/3712459/3712456
2. STATE COMMISSION
The President State Consumer Disputes Redressal Commission,
Palzor Stadium Road
Gangtok, Sikkim -737101
Telephone: (03592) 205027
3.DISTRICT FORUM
I. East
The President
District Consumer Disputes Redressal Forum (East),
Near Sichey Power Sub-Station Centre,
Gangtok, East Sikkim – 737101
Telephone: 221168
II. West
The President
District Consumer Disputes Redressal Forum (West),
O/O District Civil Supplies Officer,
Gyalshing, West Sikkim-737111
Telephone: 250189
III. North
The President
District Consumer Disputes Redressal Forum (North),
Food Godown Complex,
Mangan, North Sikkim – 737116
Telephone: 234586
IV. South
The President
District Consumer Disputes Redressal Forum (South),
Food Godown Complex,
Namchi, South Sikkim – 737126
Telephone: 263140
State Consumer Helpline–
The State Consumer Helpline was set up in the year 2009. The scheme was set up as an alternate Consumer Dispute Redressal Mechanism to cater to Consumer disputes in Rural & Backward areas. The fund to set up this scheme was provided by Ministry of Consumer affairs, Government of India.
State Consumer Helpline supports consumers by:
The Helpline functions from the Annexe Building at Power Secretariat and has a fully functional manpower and working establishment.
School Consumer Club –
For spreading awareness amongst the Consumer about their Rights as provided in the Consumer Protection Act, 1986 and subsequent Amended Acts, the Ministry of Consumer Affairs, Government of India has introduced a new scheme “School Consumer Club” in the year 2005-2006. Financial Grant for implementation of this scheme was provided by the Minister of Consumer Affairs, Government of India.
The main objective of the Club is to educate children about the rights of the consumers as provided in the Consumer Protection Act, 1986; to mobilize youngsters by instilling in them the spirit of protection of consumer rights; to impart knowledge about the role of the consumers in protection of their rights and to strengthen the consumer movement in the state.
Accordingly, 50 School Consumer Club was set up in the Government Secondary and Senior Secondary School in the year 2006. All these school consumer clubs are functioning well and conducting regular consumer awareness activities by way of lectures, essay competition, quiz competitions and painting competitions as mandate under the guidelines.
State Consumer Protection Council / District Consumer Protection Council –
In order to strengthen Consumer movement at grass root level, State Consumer Protection Council is set up in the State Level under the chairmanship of Hon’ble Minister, Food, Civil Supplies & Consumer Affairs Department and District Consumer Protection Council under the chairmanship of District Collector at the District Level.
Mediation Centre
The Government of India has introduced a new scheme of a mediation centre for speedy disposal of cases by way of mediation before approaching the district fora. The Ministry has accordingly sanctioned a sum of Rs 50.00 Lakhs as grant-in-aid for construction of two mediation centers in the following locations:
1. District Forum, East
The Legal Metrology Unit & Consumer Protection Cell under Food, Civil Supplies & Consumer Affairs Department regularly observes ‘World Consumer Rights Day’ on 15th March and ‘National Consumers Rights Day’ on 24th December annually and conducts awareness programme covering all four Districts, Block and Gram levels. As a result, consumers have become more conscious and aware of their consumer rights which are evident from the increased number of cases/ complaints filed in the various forums.
In addition to these events, the department has undertaken the following activities for the welfare of the consumers:-
Here are a few do’s and don’ts which would help a Consumer:
I. WEIGHT
Do’s
1. Check that all weights and measures, i.e., all weighing equipment and standard weights (Dhak), bear the seal of the Weights and Measures Department.
2. Ensure that seal is not tampered with. Weights and Measures without the seal are not genuine.
Don’ts
1. Don’t accept weighment by weights which do not conform to the metric system like pounds, ounces, gallons etc.
2. Don’t accept weighment by stones, pieces of bricks or metal pieces.
II. MEASURES/VOLUME
Do’s
1. Make sure that any of the measures are not been dented to reduce capacity.
2. Check that the measures bear the seal of the Weights and Measures Department.
3. Ensure that the measuring container is full to the brim and the contents are totally empty after pouring out.
Don’ts
1. Don’t accept milk or oil until the froth settles.
2. Don’t accept the measure if it has been tampered with by a rubber lining on tin packing so as to reduce its capacity.
III. LENGTH
Do’s
1. Check that the measuring instrument bear a seal of the Weights and Measures Department.
2. Check that the measuring instruments have not been bent or cut to shorten its length.
Don’ts
1. Don’t allow the cloth to be stretched at the time of its measurement.
IV. BALANCE
Do’s
1. Ensure that the beam remains horizontal when the pans are empty. In the case of self indicating weighing scale the pointer or indicator should show zero when there is no load on the pan.
2. Ensure that the weighing machine bears the seal of the Weights and Measurement Department.
3. Ensure that no magnet is attached to either of its pan and it should not touch a wall, chair, table or the foot of the person weighing it in a manner so as to interfere with the correctness of weighing operation.
4. Ensure that the centre knife edge of the beam is free and not locked so as to interfere with the correct weighment.
5. Ensure that both sides of the counter balanced are free and have not been artificially balanced by attaching a metal piece or in any other manner.
6. Ensure that the weights and balance are visible.
Don’ts
1. Don’t accept weighment if the beam balance in a shop has not been displayed with the beam hanging in a horizontal position.
2. Don’t accept weighment if it is done under a fast revolving fan.
3. Don’t accept weighment if a wooden beam scale is used.
V. PACKAGED COMMODITIES
Do’s
Ensure that the package bears the proper declaration, these are:
1. The common or genetic name of the commodity,
2. Name and address of the manufacturer/ packer,
3. The net quantity.
4. The month and year of manufacturing/packing of the commodity,
5. The month and year of expiry for perishable commodities, especially medicines,
6. The maximum retail price inclusive of all taxes.
Don’ts
1. Don’t accept packaged goods which do not have proper declaration.
2. Don’t accept packaged goods on an excess price than one that has been printed.
3. Don’t accept packaged goods on which the printed price has been obliterated.
4. Don’t accept goods which are of expired date.
VI. PETROL, DIESEL & KEROSENE OIL
While buying, Petrol, Diesel and Kerosene oil, ensure that the meter of the pump is calibrated and not tampered with. Ensure that the indicator is at zero (0.00) point at the start. In case of any doubt, check the delivery of petrol, diesel and kerosene oil with the verified and stamped fuel liter measure are available at each POL pump.
VII. L.P.G. CYLINDERS
Do’s
1. While taking delivery of cylinder, check if the seal on it is intact.
Don’ts
1. Don’t accept a cylinder unless the delivery man weighs it on his balance and the weight is equal to 14.2 kg, plus the weight of the cylinder printed on the body of the cylinder.
VIII. BUREAU OF INDIAN STANDARDS ACT
Do’s
1. Insist on BIS certified products.
2. Ensure that the product carries the BIS standard mark (ISI, Agmark).
3. Buy from authorized sales outlets whenever you can.
4. Keep the purchase receipt to utilize after sales service in case of complaint.
Don’ts
1. Don’t go for spurious and sub-standard products which may be hazardous to life and safety.
2. Don’t go for quantity only, insist on quality also.
IX. ESSENTIAL COMMODITY ACT
Do’s
1. Ensure that the rate boards in each Fair Price Shop are displayed properly.
2. Ensure that the rates are as that of the rates fixed by the Government.
3. Ensure that the essential commodities are available at the price fixed by the Government.
4. Ensure that the Ration Card issued to you is kept in your custody.
Don’ts
1. Don’t accept the goods if price is in excess to that fixed by the Government.
2. Don’t let the shop keep your Ration Card.
3. Don’t let the shop misuse your quota.
The Legal Metrology Act, 2009 (1 of 2010) came into force on 1st April 2011 thus revoking the Standards of Weights & Measures Act, 1976 & Standards of Weights & Measures (Enforcement) Act, 1985. In accordance with this, the Weights & Measures Cell in the state of Sikkim has been reconstructed as the ‘Legal Metrology Unit’ beginning 1st April 2011, under the mandate of the Ministry of Consumer Affairs, Government of India. The unit also collaborates with the Consumer Protection Cell in the state.
The Government ensures through Legal Metrology Act, 2009 that, standards of weights and measures across the state are established and enforced, regulate trade and commerce in weights, measures and other goods that are sold or distributed by weight, measure or number.
The office also regulates the sale of commodities in “Pre-Packed form”. The Legal Metrology (Packaged Commodities) Rules, 2011 require mandatory declaration of certain basic information namely name of Manufacturer/Importer/Packer, common or generic name of the commodity, net quantity, month & year in which the commodity is manufactured/pre-packed/imported, retail sale price of the package and consumer care details on the packages to safeguard the interest of consumers. The Rules also require importers to provide these basic declarations on imported packages, similar to those for indigenous packages.
The Legal Metrology Unit under the Food, Civil Supplies & Consumer Affairs Department is responsible for enforcing the following Acts and Rules in Sikkim:-
-
- The Legal Metrology Act, 2009 (1 of 2010).
- The Legal Metrology General Rules, 2011.
- The State Legal Metrology Enforcement Rules, 2011.
- The Legal Metrology (Packaged Commodities) Rules, 2011.
- The Bureau of Indian Standard Act and Rules framed there under according to the Directives of the Bureau.
- The various Control Orders issued under the Essential Commodities Act, 1955.
The scope of Legal Metrology has expanded due to rapid development in science and technology. Moreover, in view of globalization of economics and vertical growth of high tech industrialization, there has been vast advancement in weighing and measuring techniques.
The Legal Metrology Unit has its headquarters at Gangtok for the North-East circle and a branch office at Jorethang for the South-West circle which was established during the year 1994.
Both the offices realizes 100% of the revenue fixed by the Government every year. This revenue is realized by way of verification& stamping of commercial weights & measures, weighing and measuring instruments and also as compounding fines.
Consumer Protection Cell
Objectives of the Act
The Consumer Protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive pieces of legislation enacted for the protection of consumers.
The three decade old Consumer Protection Act has recently been replaced by the Consumer Protection Act, 2019 which came into force on July 20, 2020.. The Act received the assent of the President of India and was published in the official gazette on August 9, 2019.
The new Act proposes a slew of measures and tightens the existing rules to further safeguard consumer rights. Introduction of a central regulator, strict penalties for misleading advertisements and guidelines for e-commerce and electronic service providers are some of the key highlights.
The Act intends to provide, simple, speedy and inexpensive redressal to the consumer’s grievances. For this purpose, the Act envisages three- tier quasi judicial machinery at the National, State and District levels. The Act enshrines certain rights of the consumers and provides for the setting up of Consumer Protection Councils in the centre, the State and District level. The objective of these Consumer Protection Councils will be to promote and protect the right of Consumer.
Extent & Coverage of the Act:
The salient features of the Act are summed up as under:-
1. The Act applies to all goods and services purchased or hired, unless exempted by the Central Government.
2. It covers all the sectors whether private, government, public or co-operative.
3. The provisions of the Act are compensatory in nature.
4. It enshrines the following rights of consumers:-
a. The Right to be protected against the marketing of goods that are hazardous to life and property,
b. The Right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to project the consumer against unfair trade practices,
c. The Right to be assured wherever possible, access to a variety of goods at competitive prices,
d. The right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate forums,
e. The Right to seek redressal against unfair trade practice or unscrupulous exploitation of consumers, and
f. The Right to consumer education.
Who is a Consumer?
All of us are consumer of goods and services. The producer of some goods and services are also consumer of various other goods and services produced by others.
In the case of goods, a consumer means a person belonging to the following categories.
1. One who buys any goods for consideration which has been paid or partly promised or under any system of deferred payment.
2. It includes any user of goods other than the person who actually buys and such use is made with approval of the purchaser.
In the case of services, a Consumer means a person belonging to the following categories.
3. One who hires any service or services for a consideration which has been paid or promised or partly paid or promised or partly paid and partly promised or under any system of deferred payment.
4. It includes any beneficiary of such service other than the one who actually hires the service for consideration and such service are availed with the approval of such person.
Inclusion of E-commerce:
- The provisions relating to e-commerce and e-commerce rules came into effect on Jul 23, 2020
- E-commerce has now been expressly defined as buying or selling of goods or services including digital products over digital or electronic network.
- The Government of India has notified the Rules to regulate e-commerce
- Every e-commerce entity to provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance Redressal mechanism, security of payment methods, charge-back options, etc. including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage on its platform.
Following categories of persons may file a complaint under the Act:-
1. A Consumer
2. Any voluntary Consumer Organization, registered under the Societies Registration Act, 1860 or the Companies Act, 1956 or under any law for the time being in force.
3. The Central Government.
4. The State Government or Union Territory Administrations.
What Constitutes A Complaint?
Under the Act, a complaint means any allegation in writing made by a complaint in regard to one or more of the following:-
- That he has suffered loss or damage as a result of any unfair trade practices adopted by any trader.
- That the goods mentioned in the complaint suffer from one or more defects.
- That services mentioned in the complaint suffer from deficiencies in any respect.
- That a trader has charged for the goods mentioned on a complaint, a price in excess of the maximum retailer price or
- Fixed by or under any law for the time being in force or
- Displayed on goods or
- Displayed on any packet containing such goods.
1. Filing of a complaint depends on the cost of goods purchased or hiring of services and the compensation claimed for.
2. If the total claim is less than Rs. 1 Crore, the complaint can be filed in the District forum where the cause of action has arisen or where the complainant and opposite party normally reside.
3. If the total claims are above Rs.1 Crore but less than 10 Crore, the complaint has to be filed in the State Commission. Appeal against the order of any District Forum has to be filed in the State Commission as per the relevant provision incorporated in the Consumer Protection (Amendment) Act ,2002.
4. For any claim involving more than Rs 10 Crore, the complaint has to be filed in National Commission. Appeal against the order of the State Commission shall lie in the National Commission of the country duly adhering to the provision incorporated in the Consumer Protection (Amendment) Act, 2002, as enumerated in the subsequent chapter on the procedure for filing the appeal.
E-filing –
- Portal where consumers can file their complaint electronically is now live at the following URL: https://edaakhil.nic.in/
- Initially accept filing for matters before the State Commissions and the National Commission,
- A user may be a complainant or an advocate,
- To register and file a complaint a user must have –
- A valid email ID
- Soft copies of Identity Proof (in PDF format)
Every complaint filed under sub-section (1) of section 12 of the Act with a District Forum shall be accompanied by a fee, as specified in the table given below in the form of crossed Demand Draft drawn on nationalized bank or through a crossed Indian postal order drawn in favour of the registrar of the State Commission or the District Forum as the case may be, and payable at the respective place where the State Commission and District Forum are situated. The State Commission and the concerned District Forum shall deposit the amount of fee received in the State Consumer Welfare Fund Account.(TABLE BELOW ADDED)
A Complaint should contain the following information:
1. The name, description and the address of the complainant,
2. The name, description and address of the opposite party or parties, as the case may be as they can be ascertained,
3. The facts relating to complaint and when and where it arose;
4. Document, if any, in support of the allegations contained in the complaint.
5. The relief which the complainant is seeking.
The complaint should be signed by the complainant or his authorized agent. The standard form for filing complaint is annexed at Annexure-I.
Relief available to Consumer:
Depending upon the nature of relief sought by the consumer and facts, the Redressal forums may give order for one or more of the following reliefs:-
1. Removal of defects from the goods.
2. Replacement of the goods.
3. Refund of the price or
4. Award of compensation for the loss or injury suffered.
Time Limit for Deciding Complaint/ Appeal:
The thrust of the Act is to provide simple, speedy and inexpensive redressal to consumer grievances, the following provisions have been incorporated in the Act and the rules framed there are as under:
It is obligatory on the complainant or appellant of their authorized agents and the opposite parties to appear before the Forum / Commission on the date of hearing or any other date to which hearing could be adjoined. The National commission, State Commission and District Forum are required to decide complaints, as far as possible, within a period of three months from the date of notice received by the opposite party where complaint does not require analysis or testing of the commodities and within five months if it requires analysis or testing of commodities.
The National Commission and State Commission are required to decide the appeal as far as possible, within 90 days from the first date of hearing.
For Consumer Knowledge:
Government accords a high priority to the programme of consumer protection. It is a social movement that seeks to protect the rights of consumer in relations to innumerable forms of unfair trade practices, such as short weighment/ measurements, adulteration, fraudulent packages, misleading advertisement, sub-standard consumer goods, hoardings and black marketing. While the government has taken action to enforce consumer protection laws for safeguarding the interest of the consumer. It is equally important to educate the consumer about the legal protection available to them and to exercise proper selection in the purchase of goods and services, be informed about contents, quality and prices of goods and be heard about their grievances to ensure good health and safety.
In order to promote consumer awareness on a massive scale and at grass root level, the ‘WORLD CONSUMER RIGHTS DAY’ on 15th of March, and ‘NATIONAL CONSUMER DAY’, on 24th of December are observed throughout the country. The Central Government has also instituted the “Swami Vivekananda National Award”, for the youth, women and consumer organization performing outstanding work in the field of consumer protection.
As provided under the Act, the State Government has also constituted the State Consumer Protection Council with the inclusion of voluntary organization active in the field of consumer movement. A State Commission and a District Forum for each District has also been constituted for the redressal of consumer grievances.
THE ADDRESS OF THE CONSUMER DISPUTES REDRESSAL AGENCIES ARE AS FOLLOWS:
- NATIONAL COMMISSION
National Consumer Disputes Redressal Commission,
5th Floor, Janapath Bhawan New Delhi-110001
Telephone:(011)3327666/3016613/3317690/3712459/3712456
2. STATE COMMISSION
The President State Consumer Disputes Redressal Commission,
Palzor Stadium Road
Gangtok, Sikkim -737101
Telephone: (03592) 205027
3.DISTRICT FORUM
I. East
The President
District Consumer Disputes Redressal Forum (East),
Near Sichey Power Sub-Station Centre,
Gangtok, East Sikkim – 737101
Telephone: 221168
II. West
The President
District Consumer Disputes Redressal Forum (West),
O/O District Civil Supplies Officer,
Gyalshing, West Sikkim-737111
Telephone: 250189
III. North
The President
District Consumer Disputes Redressal Forum (North),
Food Godown Complex,
Mangan, North Sikkim – 737116
Telephone: 234586
IV. South
The President
District Consumer Disputes Redressal Forum (South),
Food Godown Complex,
Namchi, South Sikkim – 737126
Telephone: 263140
State Consumer Helpline–
The State Consumer Helpline was set up in the year 2009. The scheme was set up as an alternate Consumer Dispute Redressal Mechanism to cater to Consumer disputes in Rural & Backward areas. The fund to set up this scheme was provided by Ministry of Consumer affairs, Government of India.
State Consumer Helpline supports consumers by:
- Guiding consumers in finding solutions to problems related to products and services.
- Providing information related to companies and regulatory authorities.
- Facilitating consumers in filing complaints against defaulting service providers
- Empowering consumers to use available consumer grievance redress mechanisms and educating consumers about their rights and responsibilities.
The Helpline functions from the Annexe Building at Power Secretariat and has a fully functional manpower and working establishment.
School Consumer Club –
For spreading awareness amongst the Consumer about their Rights as provided in the Consumer Protection Act, 1986 and subsequent Amended Acts, the Ministry of Consumer Affairs, Government of India has introduced a new scheme “School Consumer Club” in the year 2005-2006. Financial Grant for implementation of this scheme was provided by the Minister of Consumer Affairs, Government of India.
The main objective of the Club is to educate children about the rights of the consumers as provided in the Consumer Protection Act, 1986; to mobilize youngsters by instilling in them the spirit of protection of consumer rights; to impart knowledge about the role of the consumers in protection of their rights and to strengthen the consumer movement in the state.
Accordingly, 50 School Consumer Club was set up in the Government Secondary and Senior Secondary School in the year 2006. All these school consumer clubs are functioning well and conducting regular consumer awareness activities by way of lectures, essay competition, quiz competitions and painting competitions as mandate under the guidelines.
State Consumer Protection Council / District Consumer Protection Council –
In order to strengthen Consumer movement at grass root level, State Consumer Protection Council is set up in the State Level under the chairmanship of Hon’ble Minister, Food, Civil Supplies & Consumer Affairs Department and District Consumer Protection Council under the chairmanship of District Collector at the District Level.
Mediation Centre
The Government of India has introduced a new scheme of a mediation centre for speedy disposal of cases by way of mediation before approaching the district fora. The Ministry has accordingly sanctioned a sum of Rs 50.00 Lakhs as grant-in-aid for construction of two mediation centers in the following locations:
1. District Forum, East
- District Forum, West
The Legal Metrology Unit & Consumer Protection Cell under Food, Civil Supplies & Consumer Affairs Department regularly observes ‘World Consumer Rights Day’ on 15th March and ‘National Consumers Rights Day’ on 24th December annually and conducts awareness programme covering all four Districts, Block and Gram levels. As a result, consumers have become more conscious and aware of their consumer rights which are evident from the increased number of cases/ complaints filed in the various forums.
In addition to these events, the department has undertaken the following activities for the welfare of the consumers:-
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- Consumer awareness programme through the medium of nookadnataak/ street play which was received very well by the common public.
- Sponsoring grant-in-aid to various NGOs, VCOs for conducting consumer awareness programmes.
- The Department has been conducting statewide multimedia awareness campaign on various issues related to consumer rights and responsibilities across diverse subjects. “Jago Grahak Jago” has today become a household axiom. A brief overview of the multi-media campaign to reach out to consumers across diverse sectors and geographies is given below:
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- Displayed advertisement hoardings and published advertisement in Local dailies and Magazines on special consumer occasions.
- Advertisement jingles on FM Radio, Doordarshan and live discussions telecast on Nayuma Television and All India Radio.
- Published and Issued CONSUMER PROTECTION AT A GLANCE booklet for public distribution.
Here are a few do’s and don’ts which would help a Consumer:
I. WEIGHT
Do’s
1. Check that all weights and measures, i.e., all weighing equipment and standard weights (Dhak), bear the seal of the Weights and Measures Department.
2. Ensure that seal is not tampered with. Weights and Measures without the seal are not genuine.
Don’ts
1. Don’t accept weighment by weights which do not conform to the metric system like pounds, ounces, gallons etc.
2. Don’t accept weighment by stones, pieces of bricks or metal pieces.
II. MEASURES/VOLUME
Do’s
1. Make sure that any of the measures are not been dented to reduce capacity.
2. Check that the measures bear the seal of the Weights and Measures Department.
3. Ensure that the measuring container is full to the brim and the contents are totally empty after pouring out.
Don’ts
1. Don’t accept milk or oil until the froth settles.
2. Don’t accept the measure if it has been tampered with by a rubber lining on tin packing so as to reduce its capacity.
III. LENGTH
Do’s
1. Check that the measuring instrument bear a seal of the Weights and Measures Department.
2. Check that the measuring instruments have not been bent or cut to shorten its length.
Don’ts
1. Don’t allow the cloth to be stretched at the time of its measurement.
IV. BALANCE
Do’s
1. Ensure that the beam remains horizontal when the pans are empty. In the case of self indicating weighing scale the pointer or indicator should show zero when there is no load on the pan.
2. Ensure that the weighing machine bears the seal of the Weights and Measurement Department.
3. Ensure that no magnet is attached to either of its pan and it should not touch a wall, chair, table or the foot of the person weighing it in a manner so as to interfere with the correctness of weighing operation.
4. Ensure that the centre knife edge of the beam is free and not locked so as to interfere with the correct weighment.
5. Ensure that both sides of the counter balanced are free and have not been artificially balanced by attaching a metal piece or in any other manner.
6. Ensure that the weights and balance are visible.
Don’ts
1. Don’t accept weighment if the beam balance in a shop has not been displayed with the beam hanging in a horizontal position.
2. Don’t accept weighment if it is done under a fast revolving fan.
3. Don’t accept weighment if a wooden beam scale is used.
V. PACKAGED COMMODITIES
Do’s
Ensure that the package bears the proper declaration, these are:
1. The common or genetic name of the commodity,
2. Name and address of the manufacturer/ packer,
3. The net quantity.
4. The month and year of manufacturing/packing of the commodity,
5. The month and year of expiry for perishable commodities, especially medicines,
6. The maximum retail price inclusive of all taxes.
Don’ts
1. Don’t accept packaged goods which do not have proper declaration.
2. Don’t accept packaged goods on an excess price than one that has been printed.
3. Don’t accept packaged goods on which the printed price has been obliterated.
4. Don’t accept goods which are of expired date.
VI. PETROL, DIESEL & KEROSENE OIL
While buying, Petrol, Diesel and Kerosene oil, ensure that the meter of the pump is calibrated and not tampered with. Ensure that the indicator is at zero (0.00) point at the start. In case of any doubt, check the delivery of petrol, diesel and kerosene oil with the verified and stamped fuel liter measure are available at each POL pump.
VII. L.P.G. CYLINDERS
Do’s
1. While taking delivery of cylinder, check if the seal on it is intact.
Don’ts
1. Don’t accept a cylinder unless the delivery man weighs it on his balance and the weight is equal to 14.2 kg, plus the weight of the cylinder printed on the body of the cylinder.
VIII. BUREAU OF INDIAN STANDARDS ACT
Do’s
1. Insist on BIS certified products.
2. Ensure that the product carries the BIS standard mark (ISI, Agmark).
3. Buy from authorized sales outlets whenever you can.
4. Keep the purchase receipt to utilize after sales service in case of complaint.
Don’ts
1. Don’t go for spurious and sub-standard products which may be hazardous to life and safety.
2. Don’t go for quantity only, insist on quality also.
IX. ESSENTIAL COMMODITY ACT
Do’s
1. Ensure that the rate boards in each Fair Price Shop are displayed properly.
2. Ensure that the rates are as that of the rates fixed by the Government.
3. Ensure that the essential commodities are available at the price fixed by the Government.
4. Ensure that the Ration Card issued to you is kept in your custody.
Don’ts
1. Don’t accept the goods if price is in excess to that fixed by the Government.
2. Don’t let the shop keep your Ration Card.
3. Don’t let the shop misuse your quota.