New consumer protection act - A suggestion
As the new bill is taken up in Parliament, I make the folloiwing suggestion, in addition to ones already made in the past.
The consumer disputes act is a fine piece of legislation even as it exists. Any upgradation of the law is welcome. But its timely and strict implementation is also more important. Inspite of so many supreme court judgements, at the district forum level, the application of law is lax resulting in unfair advantage to the companies. Even provisions clearly spelled out in the present act are not implemented. At consumer forums, justice is often delayed and at times also denied. Better quality of judges and members are required. Better staffing is essential. The act prescribes a time of 6 months for resolution of disputes. But it can stretch on upto 5-10 years. Atleast I have noticed that the adjournments are mostly due to benches not being complete or absence of members. Dates are continuously given 3 -4 months apart i.e about 3 -4 hearings in a year. And during each hearing, only next date is given. The act is also not implemented in letter and spirit much to the disadvantage of the consumer. The new bill should address these issues too. There should not be more than 2 adjournments for any suit. It should be made clear that exparte judgement will be pronounced in six months if either party delays or fails to rest his case within 6 months, with no provision for appeal against this type of order, on the claim that the party was not heard. Other points of such order can always be appealed as is normal, but not on the count of not having been heard. more
The consumer disputes act is a fine piece of legislation even as it exists. Any upgradation of the law is welcome. But its timely and strict implementation is also more important. Inspite of so many supreme court judgements, at the district forum level, the application of law is lax resulting in unfair advantage to the companies. Even provisions clearly spelled out in the present act are not implemented. At consumer forums, justice is often delayed and at times also denied. Better quality of judges and members are required. Better staffing is essential. The act prescribes a time of 6 months for resolution of disputes. But it can stretch on upto 5-10 years. Atleast I have noticed that the adjournments are mostly due to benches not being complete or absence of members. Dates are continuously given 3 -4 months apart i.e about 3 -4 hearings in a year. And during each hearing, only next date is given. The act is also not implemented in letter and spirit much to the disadvantage of the consumer. The new bill should address these issues too. There should not be more than 2 adjournments for any suit. It should be made clear that exparte judgement will be pronounced in six months if either party delays or fails to rest his case within 6 months, with no provision for appeal against this type of order, on the claim that the party was not heard. Other points of such order can always be appealed as is normal, but not on the count of not having been heard. more
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Enacting laws without ensuring their implementation and compliance in right perspective is useless exercise wasting time and public money but this has become a tradition of our country. This is also a tradition that the laws are framed in such a way leaving several dots that the government's favoured ones can easily escape from the clutches thereof. Secondly, undue delay for decades in finalising even criminal cases automatically devalues the purpose and effectiveness of laws. Surprisingly, none of our previous governments had ever any agenda to increase number of courts and judges keeping in pace with our population. Even huge number of pending cases failed to draw their attention. The present government is following the suit of the earlier ones. Looking to the apathy being meted out to such an important national issue by the government itself, public faith in our laws & justice are gradually eradicating, which is supposed to be very dangerous for a nation and its people. more
Dec 28
Consumer disputes act is a fine piece of legislation even as it exists, but the disposal rate is very very slow. more
Dec 26
Justice should be seen to serve the Purpose of Holistic Business. Charges for the Delay in Reply should Be Heavy and compensatory for the Consumer to visit for followup more
Dec 25
Justice delayed is justice denied.Companies are more powerful than common citizens and can play with matters in their favor. more
Dec 25
I have sent my suggestions to the Hon'ble Minister of Law and Justice.Hope he takes it up.The major issues involved are :(i) There is no accountability of judges. Many decisions are just as absurd as tellling 1 + 1 =3. (ii) The compensation and cost awarded makes one feel like a beggar! It does not even defray the actual expenses for attending some 15 hearings and cost of court fee, stationery, advocates fee etc. (3) The orders are not complied with by the opposite party. Yet, no penalty is imposed on the O.P. as per Sec. 27 of the C.P. Act 1986. The decree-holder (DHR) has to do the entire circus again of filing an E.A. and spend another Rs 1000/= for attending court. Our legal system is just ridiculous and is strongly poised in favour of the violators of the laws of the land. (4) There is no penalty imposed on the parties for filing FALSE statements / Affidavits. (5) No penalty is imposed on parties for not replying to the complaints filed by the complainants. (6) Postmen are frequently playing mischief and destroying the A.D. cards whereby the "Notices" served by the courts remain unserved and the case gets adjourned indefinitely. I have made several complaints to the Postmaster General and to the Supreme Court also. A system of "Double Regd. A.D." must be introduced so that the A.D. cards are returned to the sender. (7) A special committee appointed by the Supreme Court has already come down heavily on the manner in which consumer courts are functioning pan India. Relatives of IAS / IPS officers find an easy selection as judges or third members(?). Many do not even attend the courts and are taking their salaries. This is a very interesting report published in the papers about a year back.Hope the remedial measures are taken in earnest. more
Dec 24
