Jump to content

User:Tkmthilak

From Wikipedia, the free encyclopedia

In contemporary years, increasing awareness has been given to consumer consciousness and protection of their interests which has led to the significance in Functioning of Redressal Forums and Consumer protection Act, 1986. The enactment is a government regulation which protects the interests of consumers. For example, a government may require businesses to disclose detailed information about products, particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations which help consumers make better choices in the marketplace. Government is a body that has the authority, the power to enforce laws within a civil, corporate, religious, academic, or other organization or group. In its broadest sense, "to govern" means to administer or supervise, whether over a state, a group of people, or a collection of assets. A regulation is a rule created by an administration or administrative agency or body that interprets the statutes setting out the agency's purpose and powers, or the circumstances of applying the statute It is a form of secondary legislation which is used to implement a primary piece of legislation appropriately, or to take account of particular circumstances or factors emerging during the gradual implementation of, or during the period of, a primary piece of legislation. Other forms of secondary legislation are statutory instruments, statutory orders, by-laws and rules. Some of these need to be referred back before being implemented, to the primary legislative process. Regulations, like any other coercive action, have costs for some and benefits for others. Efficient regulations may only be said to exist where the total benefits to Consumers exceed the total costs to others. 

           To present a short review of the features  of   consumer protection Act, 1986:

  1. The Act is a special piece of legislation for the better protection of the interests of consumers. In District Forum, State Commission and the National Commission, extensive participation is given to non-legal or non-judicial persons.
  2. The Act has been enacted to give succors and relief to the affected or aggrieved consumers quickly with nil expense. The Forum created under the Act of 1986 is uninhabited by the requirement of Court-fee or the formal procedures of Court, civil or criminal. The consumer himself need not necessarily file a complaint. Any recognized consumers association can espouse his cause. Where a large number of consumers have a similar complaint, one or more can file a complaint on behalf of all. Even the Central Government or State Government can act on his/their behalf.
  3. It is one of the benevolent social legislations intended to protect the large body of consumers from exploitation.  The Act has come as a universal remedy for consumers all over the country and   has assumed the shape of  the most important legislation enacted in the country during the last few years.
  4. It has become the vehicle for   enabling   people to secure speedy and inexpensive redressal of their grievances.  With the enactment of this law, consumers now feel that they are in a position to declare “sellers are aware” whereas previously the consumers were at the receiving end and generally told “buyers are aware”.
  5.  The Act postulates establishment of Central Consumer Protection Council and the State Consumer Protection Councils for the purpose of spreading consumer awareness.  The Central Council is headed by Minster, incharge of the Consumer Affairs in the Central Government and in the State it is the Minister incharge of the Consumer Affairs in the State Government who heads State Council. To provide cheap, speedy and simple redressal to consumer disputes, quasi-judicial machinery is set up at each District, State and National levels called District Forums, State Consumer Disputes Redressal Commission and National Consumer Disputes Redressal Commission respectively.   At present, there are 604 District Forums, 35 State Commissions with apex body as a National Consumer Disputes Redressal Commission (NCDRC) having its office at New Delhi.  The District Forums are headed by the person eligible to be appointed as a District Judge. The State Commissions are headed by a person who is a Judge of High Court. National Commission was constituted in the year, 1988.  It is headed by a retired Judge of the Supreme Court of India.   Hon'ble Minister for Consumer Affairs, Food & Public Distribution, and Government of India has established the Additional Bench of the National Commission on 24th September, 2003. The provisions of this Act cover ‘Products’ as well as ‘Services’.  The products are those which are manufactured or produced and sold to consumers through wholesalers and retailers.  The services are of the nature of transport, telephones, electricity, constructions, banking, insurance, medical treatment etc.  The services are, by and large; include those provided by professionals such as Doctors, Engineers, Architects and Lawyers etc.
  6.  A written complaint, as amended by Consumer protection (Amendment) Act, 2002, can be filed before the District Consumer Forum (up to Rupees twenty lakhs), State Commission (up to Rupees One crore), National Commission (above Rupees One crore)   in relation to a product or in respect of a service, but does not include rendering of any service free of cost or under a contract of personal service.  The service can be of any description, the illustrations given above are only indicative and not   exhaustive.
  7. The Consumer Protection Act is an alternative and the cheapest remedy available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required   to pay any court fees or even process fee. Proceedings are summary in nature and endeavour is made to grant relief to the parties in the quickest possible time keeping in mind the spirit of the Act which provides for disposal of the cases within possible time schedule prescribed under the Act.  If a consumer is not satisfied by the decision of the District Forum, he can challenge the same before the State Commission and against the order of the State Commission a consumer can approach the National Commission.
  8. To attain the objects of the Consumer Protection Act, the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal of cases.  National Commission is empowered to issue instructions:

  1. Adoption of uniform procedure in the hearing of the matters;
  2. Prior service of copies of documents produced by one party to the opposite parties;
  3. Speedy grant of copies of documents; and
  4. In genuine cases where the parties are unable to engage the services of an advocate Bar Association of NCDRC also provides legal aid to needy people.



   National Consumer Disputes Redressal Commission is stressing the need for consumer disputes redress agencies to dispose of cases expeditiously. According to the Consumer Protection Act, the State Government can appoint as president a person who is, or has been, a High Court judge, in consultation with the High Court Chief Justice. The president can hold office for five years, or until he attains the age of 67, whichever is earlier. Reappointment for another term is possible only if the retired person fulfils the conditions. Official sources say that according to the national commission's regulations, a consumer forum is expected to dispose of at least 75-100 matters a month. The State Commission has also been entrusted with looking after the functioning of the district consumer disputes redressal forums. At present, there are 18 independent forums and six combined forums in the State. Through an amendment to the Act, the pecuniary jurisdiction of the State Commission has been increased from Rs. 20 lakhs to Rs. 1 crore. In the absence of a Registrar, another official discharges his duties. The Registrar is appointed in consultation with the High Court.

Consumer Disputes Redressal Forum or Association is a registered organization under Society Registration Act.  It has been functioning in all states in India for over two decades now.  The major aim of this institution is to protect the common consumers from adulteration, over rating and to ensure quality and quantity in goods.  For this purpose they conduct numerous consumer awareness and education programmes in schools and colleges. They also conduct LPG safety clinics for housewives in respective states in India. The main object of this association is to protect the consumers and to act as a bridge between consumers and service providers. The Government of India has made the institution as a member in the working group of food safety. The committee is headed by the Director General, Bureau of Indian standards. The organization is also a member in the state consumer protection council. The Government of India has identified the organization as information centre for various states. They disseminate all consumer related information to the needy consumers.. They also publish small booklets for general information on various important matters pertaining to Road Accidents, What is to be done? How to get information about insurance claims, about what should be done, where to get information about, admission to private hospital, to obtain the First Information Report  from the police , nearest Blood Bank, private and government hospitals, important telephone number of police, blood bank etc.  Further they have brought out a booklet on baggage clearance which gives information on central excise and customs duty to new travelers. They provide the following services to the consumers.

  1. Counseling & consultation.
  2. Taking up individual complaints.
  3. Taking up consumer dispute cases through the Consumer Courts.
  4. Taking up class complaints either on its own or through the Consumer Courts.
  5. Participating in various Consultative/Advisory bodies of the government and government agencies. 
  6. Distributing consumer related literature from time to time depending on availability of funds.
  7. Organizing periodical meetings for educating the consumers.

From the above discussion it is clear that District Consumer Redressal Forum in India is actively working towards redressal of consumer grievances. 

In view of budding consumerism in India, consumer voluntary Organization should also come out in required numbers (to redress the grievances of consumers), in order to supplement the functioning of consumer redressal forums of the Government of India.  Such centre vested with suitable powers may be established to covenant with consumer’s problems.  These centres may have the authorization to take efficient and prompt action and also have an exclusive jurisdiction to deal with the woes of the consumers.  Further, the Government of India should persuade and motivate the vigorous Voluntary Consumer Associations by providing required financial assistance

for infrastructural facilities.

Retrieved from "https://en.wikipedia.org/w/index.php?title=User:Tkmthilak&oldid=323649014"