Amendment to Consumer protction Act 1986 coming
The act has seen almost 30 years of its enforcement. The consumer grievance system needs an overhaul because of the following lacunae found in the Act administration:
Amendment Acts 1991, 1993 and in 2002 have made little impact in insulating the consumer Fora from the old-time law court culture of tardy working, delays, dilatory tactics, adjournments and postponements on flimsy grounds and technicalities, presence of advocates and other malpractices.
The Consumer Courts have no suo-motu powers to prevent unfair trade practices like Misleading advertisements
Delay in appointments: For several months in a year, many Forums and Commissions do not function due to the vacancy in office of either the President and Members
Difficulty in Executing Orders: This is because the Consumer Forum cannot attach properties of those not complying with their orders; Right now to attach the properties of defaulters, the case is transferred to the nearest civil courtor DM and the process of recovery is tedious.
The Councils set up under the Act are advisory bodies and has no executive powers to enforce consumer rights
There is no provision for settlement of disputes through Mediation.
No contempt of Court powers
Unnecessary adjourments causing delays
Most Consumer organisations not really active in taking up cases and present it before consumer , fora thus allowing lawyers to do the job more
Amendment Acts 1991, 1993 and in 2002 have made little impact in insulating the consumer Fora from the old-time law court culture of tardy working, delays, dilatory tactics, adjournments and postponements on flimsy grounds and technicalities, presence of advocates and other malpractices.
The Consumer Courts have no suo-motu powers to prevent unfair trade practices like Misleading advertisements
Delay in appointments: For several months in a year, many Forums and Commissions do not function due to the vacancy in office of either the President and Members
Difficulty in Executing Orders: This is because the Consumer Forum cannot attach properties of those not complying with their orders; Right now to attach the properties of defaulters, the case is transferred to the nearest civil courtor DM and the process of recovery is tedious.
The Councils set up under the Act are advisory bodies and has no executive powers to enforce consumer rights
There is no provision for settlement of disputes through Mediation.
No contempt of Court powers
Unnecessary adjourments causing delays
Most Consumer organisations not really active in taking up cases and present it before consumer , fora thus allowing lawyers to do the job more
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The fines and penalties leavied by our courts are not sufficient to deter repeat offences or make people follow the law in first place. The fines need to be few times the damage suffered. It might be on to pay the victim at cost and for government to impound the remaining 9x the fine amount. In general only 1 out of 10 or 20 victims of consumer fraud will show the stomach to file case & win. Currently the fines imposed are nominal and can easily be taken by the perpetrators as "cost of doing business". For example I recently read a news about a college student winning consumer case against a college for refund of fees for a course admission that he didn't need because he chose to do something else. The fees was about 1Lakh. The college was ordered to pay back the same amount with a fine of about 10 thousand. The said college can easily continue the practice and still pocket lots of money because not many will fight. more
Jul 06
Let us study the rules and regulations of Consumer Courts in other nations. One important aspect is TIME FRAME. There should laid down time limit to settle a dispute. However, if Consumer Court's ruling is not acceted by one of the party, the matter has to go to court. more
Jun 30
Better let this circle delve upon to recommend the necessary changes in in Consumer Protection Act for speedy justice. more
Jun 30
