Consumer Forums – How Friendly?
They were set up to provide speedy justice to consumers. But ways of their functioning do not demonstrate much concern for consumers. Applications of consumers are rejected for frivolous reasons. Some of the absurd reasons for refusal of filing complaints are ‘application not presented in a proper file’, ‘appropriate margin not provided in the complaint sheet’ or ‘the top half of the first page not left blank’. Even if you have already typed and notarised it, the whole thing has to be done afresh, say Pragya Dhoundiyal (LLB-2nd yr, Faculty of Law, DU) and others, who have studied this subject during internship with Consumers India. For details see http://drjayashreegupta.blogspot.in/2015/02/consumer-forums-how-friendly.html more
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Talking of Transforming India, can we look at the options or actions to correct this situation? What can we do under the circumstances? To the best of my knowledge, the following may help to a greater extent: 1. Consumer courts must follow the provisions of the Consumer Protection Act to its word and dictum without any deviation. 2. As consumer courts are meant for speedy redressal of consumer disputes, no adjournment of any nature or for any reason (except under the case of a death) should be allowed and if any consumer court allows adjournments to take the matter beyond the Act permitted six months, such members and president of the particular consumer court (District Forum or State Commission or National Commission) should be immediately dismissed and all their retirement benefits should be withdrawn. 3. If a lawyer files fake, fabricated and forged documents as defense for his or her client in a consumer court proceeding, such a lawyer should be stripped of his right and license to practice law before any court in the country. 4. When fake, fabricated and forged documents are filed on behalf the errant companies which is even supported by authenticated Affidavit, such company or bank or dealer or seller should be banned for life from doing those respective businesses and all their assets should be confiscated to give 50% of the same to the aggrieved consumer and the balance 50% should be utilised for further improving consumer protection in the country. 5. Consumer courts should not avoid taking cognizance of offenses attracting criminal proceedings against the errant parties, apart from taking cognizance of the offense under the provisions of the Consumer Protection Act and mandatorily take up the matter before the competent courts of law even when the ignorant victim does not make such an appeal. 6. Proper and strict implementation of the provisions of the Consumer Protection Act is of utmost importance and an independent body of integrity and performance should be assigned with such responsibility for implementation. more
Feb 23
It is a myth and an unrealizable dream to expect that consumer courts would deliver speedy justice to consumers. On the contrary, these consumer courts favor the perpetrators of deception, unscrupulous acts and are a burden to the victimised consumer together with the Treasury. It is not only such silly and frivolous reasons that complaints are rejected or dismissed after two years ( the act recommends that a complaint should be decided within 6 months) but even on fake, fabricated, forged documents filed by the unscrupulous and deceptive perpetrators where handsome gratification in cash or kind becomes the reward for such favors against the victimised consumer. ALSO, CONSUMER COURT ORDERS RELY HEAVILY ON SPECULATED LAYMAN'S OPINION WHERE NO SUCH OPINION WAS SOUGHT FROM LAYMAN WHILE TOTALLY IGNORING THE FACTS REPRESENTED BY DOCUMENTARY EVIDENCE WHICH CLEARLY STARES AT THE TREASON PRACTICED BY THESE CONSUMER COURTS. If lawyers are complaining such silly reasons for rejecting complaints what is the plight of consumers who stand before these treacherous consumer courts where it is also advocated that a consumer complaint need not be represented by a lawyer? CONSUMER COURTS ARE MEANT FOR THE RICH, MIGHTY AND INFLUENTIAL TO FAVOR THEIR ILLEGALITIES AND NOT THE VICITMISED CONSUMER. more
Feb 22
