Improving Consumer Courts: Addl Inputs

The Department of Consumer Affairs is conducting consumer consultation in the Connected Consumer circle. If you have not participated in the discussions there and have inputs on how consumer courts in India can be improved, kindly review the information below and share your inputs.

We look forward to your inputs!

Improving Consumer Courts - Solutions from Consumers

1. The Department of Consumer Affairs should be separated​ from Food and Civil Supplies ​ under State Governments so it gets the deserved focus​. A separate Department with Minister and Secretary will get more attention to consumer issues​
2. State Consumer Affairs Departments should ensure
adequate ​availability of facilities ​like infrastructure, dedicated staff ​and administrative and financial powers to the State and District Consumer ​Fora/Commission
3. The number of consumer courts should be increased
as per work load or the size of the district so that consumers from far flung areas need not travel to district headquarters
4.Working hours of the consumer courts should be
strictly imposed irrespective of number of cases file.
5. Consumer Courts should not have any vacation period like other courts
6. Action to get vacant member posts filled must start six months before vacancy
7. Civil court procedures like unending adjournments, and evidence act should not be followed in the consumer courts
8. Filing of cases procedure should be made simple
9. Court proceedings should start within 2 weeks after all documents are filed
10. There are apex court judgements that defendants have to file their statements within 30 days or a maximum extension of 15 days only can be allowed, at discretion of the bench. This should be strictly followed
11. The act provides that if the complainant did not engage a lawyer, the defendant also cannot. This should be enforced
12. The verbal arguments of the complainant should be properly recorded
13. Parties should be mandated to tender evidence and written arguments within the timelines
14. In certain kind of cases, the oral hearing should be dispensed with and consumer court should give decision based on written proofs/statements/documents submitted by both the parties
15. Consumer Court should fix time limit for all type of cases
16. Consumer Court should make its procedures easy so that a common man feels comfortable in approaching it
17. An online version of the consumer courts should be started to save time and cost decisions may be taken based on video hearing wherever possible​
18. The OMBUDSMAN culture must be encouraged where industry body/trade body/social/RWA/ consumer bodies etc. are better connected and have managed to become one step prior to consumer courts
19.There should be a financial limit under which no lawyer should be allowed to appear in the court.

Consumer Courts – Issues as raised by Consumers

1. The entire process of the Consumer Court is very time consuming
2. A lot of paper work is involved in these cases
3. Consumer Courts are overloaded with pending work
4. Adjournments given to defendants are pretty long
5. Dishonoring ​adjournments ​by either side is not taken seriously
6. Members are not professionals, but retired part timers​ or political nominees​
7. There is no review mechanism on performance of members​ by NCDRC​
8. Members come at their own time, and leave at their own
9. Despite online facilities, a lot of courts even in NCR do not display cause list / listing date online
10. They take years to give judgment on simple cases and after all that the compensation granted is just around INR 5000-10,000 ​ because of no provision for mediation​
11. The quality of judgments in the District Consumer Forum is not satisfactory as skill in writing judgments are poor​
12. In many states the Consumer Courts lack firmness, fair dealing and honesty
13. The Reader is always busy with case files
14. The President of consumer court is unable to find time to look after the day to day working as they are tied up with making the orders
15. Representation by lawyers complicates cases
16. There is very limited accountability of officials
17. Some consumer courts work for as less as 120 days in a year
18. Many deserving cases of the consumers are dismissed on flimsy technical grounds
19. Some district forum officials are reportedly involved in forging/altering records.
​20. Courts have no suo motu powers; only on a complaint they can take action
21.​ There are no contempt of court powers
22. Execution powers are poor ;often they need to depend upon civil courts
23. No separate cadre for supporting staff
24. No review powers ,hence even small cases go to state commission
25 No cap on appeals and small value cases reach NCDRC
26. Execution of decree not possible if appeal is filed even though not admitted
27. Poor infrastructure
28. Mo financial powers ; not declared head of Office, no drawing disbursing power
29. Companies often skip district fora hearing and file appeal on expartee decree at state commission
30. Cannot prevent an unfair trade practice unless someone file complaint
31. Court culture brought in by ex judicial officers as Presidents
32. Instead of summary procedure on natural justice principle, often CPC procedures and evidence act provisions are adhered to
33. Poor perks to Members
34. Selection of Members on weak procedure brings in people without skills
​35. Delay in appointments raises pendency load
36. Appointments delayed on political considerations​ more  

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The details of this document and the earlier laws are lost in the "if"s, "or"s, "but"s, "where"s, "when"s. Let us go by spirit and remove the earlier laws more  
1. A fixed timing for lunch break & tea break should be set. Any clerk taking a break not in the specified timing will be considered illegal or a salary cut penalty issued. When I visited Consumer Court, they had 2 hours break & after 1/2 hour another 1 hour break. 2. CCTV cameras & it's compulsory recording should be installed in each & every government office, esp consumer Court all rooms. Since the clerk was refusing to take my complaint in all the various ways I tried to write my complaint. eg Double spacing, address on first page & letter can only be on second page, signature can only be written on a certain part of the page, certain page to be left blank, etc. I wrote 4 letters, all 4 getting rejected because my format was not 100% as required by Consumer Court. I tried to book a lawyer. However, every lawyer told me that Life Insurance Corporation (LIC) is affiliated with the government & a case cannot be filed against them, evenif they have eaten up your father's hard-earned money & it is above Rs 1,00,000. Two lady lawyers, one after the other kept discouraging me from filing a case. I offered them to fight my case & I was ready to discuss the amount of their fees. They both refused. They did not even know against whom I am filing the case. Then, one advocate approached me & he too kept disuading me filing the case & told me that I will get the entire amount if I follow his instructions. I told him what happened at LIC but I had not mentioned the name of the person I dealt with, the amount & the place where it took place. That advocate said that he will ring up Kadam from LIC of Goregaon West & that the Rs 1,00,00 I will get in full. He coincidently had his no, knew the amount, the name of the person & the office; without me mentioning it to him. He refused to give me his name. That lawyer was tall, hefty built, obese & looked elite. The call did not go through. Then he told me that I should go to Kadam's house & Kadam's house is clean & decent. I refused. Then he told me that he has given me a choice & that it is upto me if I want my money back from LIC. MY CASE Kadam, whom I met first time in my life, at the LIC office in Goregaon West, had told me that if I wanted the money which has matured l will have to come to his house to take the money. I refused to go to a stranger's house. He even made me sign a blank sheet to practice my signature at the bottom of the page. Then he kept the sheet on the other table. I quickly got up, took the sheet & cancelled my signature. He rebuked me for scratching my signature from the blank page. He gave me a form to fill in which I had to enter my bank details in which the money had to be put. He told me that if I did not have 2 photos or any of the cards then I cannot close the LIC account which is on my name. I had all the cards. Then he wanted 2 photocopies of each. I had to go down in the hot sun hunting for a xerox centre to remove photocopies of aadhar card, pan card, ration card, passport & electricity bill. After I came back, as instructed, I wrote a letter to the manager instructing him not to close my LIC policy & give me the money in my bank account. I was also given a closure form on which I had to sign at the back to close the policy. For 4 hours my mother & I had to shuttle between 2 floors several times to show my documents & speak to various extremely rude & arrogant clerks. I was even sent to the terrace to drink tea & the lady manager asked me to buy 3 teas. I went upstairs & ordered 2 teas for my old mother & me. After drinking the tea the canteen fellow told me to pay Rs 1200. I shouted at him, stating that I only ordered 2 teas, how could the bill be Rs 1200. Then he used abusive language & hit the cups on the table & took the cups. I went down & asked for their office phone no for followup. They gave me fake nos which I realised later. For 6 months they refused to respond. Being very weak in health due to repeated food poisoning health issue, I could not go out of my house. After 6 months I somehow managed to go again to the LIC office with my brother. After 2 hours of waiting at different desks, they told me that my signature made 6 months back did not match & I was not even informed. I am using the same signature since I was 18 years old & I am 100% sure that made the right signature & there were no deviations in my handwriting. The lady manager told me that I will have to make one more signature on the form for the closure. I agreed. When they gave me the form there was no signature on it, where I had signed before. When I queried about it, I was told rudely to just sign it. After I reached home after an hour, a girl from LIC rang me up & told me that the manager has decided to continue my policy & not cancel it. I disagreed & told her firmly that I want it cancelled & the entire amount in my bank account. To which she said that the manager's decision is always the final decision. I immediately went to MIDC police station to file a complaint. Eventhought the policy station was empty with only 2 more ladies coming in later, the police made me wait for 2 hours. After 2 hours they told me that the complaint cannot be filed. When I told him to give me in writing, then he said that he will take the complaint after I get 2 photocopies. I went out & got them & they stamped one photocopy & gave it to me. However, no action or enquiry took place. 3. Can it be published in big font just outside the lift, the languages that are allowed to be spoken in Consumer Court. This will be a reminder even to the clerks working there. I was told to speak in Marathi if I wanted my to file any case in Consumer Court. I spoke to him in Marathi. However, the clerk stated that I made grammatical mistakes & that my Marathi is not fluent & that I am not speaking in the Marathi accent. After 7 days I came to know to file a case in comsumer court it is not compulsory to speak in Marathi. 4. Can a format (which we have to just fill in) & an example be published on a online website. It should also have the rules in layman's language. When I gave a typed letter, I was told that it is not in the given format. Hence, I cannot file the case. I was shown a stuck up page on the wall with small handwriting which I could not read & told that the format had to be according to the page. I requested them to give me the page in print to take home so that I could read it & type the complaint again & then file the case. I was told that the only letter is the one on the wall. Looking at others case papers I did try, but got rejected either due to double spacing not properly applied, address or signature on wrong part of the page, second page had to be a blank page, the complaint cannot come before the third page, etc. 5. Please do not link consumer court with Muncipal Corporation because there is corruption there as well. Tell me without paying a bribe has ANY of your work got done from a Muncipal Corporation? 6. Online filing of cases will reduce time & energy wastage for the complainant as well as the clerks, since data will only need to be transferred to the appropriate files, instead of the clerk typing or scanning each case. Also, the case could be fought with video chat if a lawyer is not required. Thus, several cases can be heard using headsets, at the same time, since less personnel & space will be required. All the conversations in videochat can be recorded for legal purposes. 7. The instructions & hearing in layman's terms so that everyone is able to follow the online court easily. 8. The name should continue to be called Consumer Court because it most of the cases it is not just a redressal. Changing the name will give the feeling of leniency & the Court will not be taken seriously. The word Court is important to know that a case is filed. Thank you. more  
1. Change the name of consumer court to consumer redressal forums and disallow lawyers to be engaged as was provided in the original statute. 2. The forums can be headed by distinguished persons of high integrity from the field of academics and business fields in addition to judges. 3. No more than one adjournment to be given to both plaintiff and defendents 4. More Ombudsman could be appointed and cost recovered from the industry as in banking. 5. Separate Ministry both at Centre and States needed to handle consumer affairs and complaints more  
Welcome for good ideas for development of consumer courts and segregation of food and civil consumer courts. Consumer Courts are issue of common public daily affairs for maintaining regular life style. Hence, it is necessary to be linked with Municipal Corporation and should run as departmental functionaries of food consumer services and civil consumer services. Also having an outlets in every public gathering places like market place, shopping mall areas, bus stop, railway station and air port for the services required and satisfied with existing services on rating basis. more  
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