GLARING COMPLAINTS OF CONSUMERS

(CONSUMER COURT FUNCTIONING)

Whether new act or amendment or total repeal of the old act,Consumer courts to function on the principal of natural justice. As on date or even after pending amendment of the consumer protection act,the basic concept of this welfare act remains consumer welfare and procedure is to be summery in nature,civil procedure code or evidence act is not to be followed strictly.

But if we look at the functioning of the consumer forums,it is neither following the principal of natural justice nor keeping in mind the welfare of consumers. Retired judges appointed as President join the forum and follow the same routine like civil court knowing or unknowingly just by virtue of habit . in the process, consumer is the worst sufferer person who fail to understand it wht sense this a summery procedure.

We have checked thoroughly the reasons of undue delay in the consumer forums and found glaring complaints made by the consumers.Our survey reveals

PRELIMINARY OBJECTIONS NOT SETTLED  FIRST–

   A  spcial provision of preliminary hearing was incorporated in the act through amendment 2002  giving 21 one days to the forum to decide whether a case is fit for admission or not. But consumer forum  even now  admit the case without considering the points whether have  the jurisdiction or not Case goes on till end  and finally it is dismissed for want of jurisdiction  whereas preliminary  objection taken in the beginning is to be addressed first . Consumer is shocked at the end when finds his case comes back to the starting pont as unheard on merits .

NO EX-PARTY ORDER INSPITE OF OPPOSITE PARTY ABSENT 

At times Opposite Party remains absent for number of dates ,O.P. should proceed ex-parte after one or two dates but matter goes adjourned without reason. 

NUMBER OF NOTICES WHEN OPPOSITE PARTY DOES NOT APPEAR

As per the procedure ,if notice does not come back as un served ,it is presumed notice served .At the most one additional Dasti notice can be given.There cannot be another notice time and again in any court .But in the forums .Notice sent many times delaying the entire process or struck at one point only.Court needs to know if notice is going on correct address or complainant can be directed to produce other possible address. But complainant is unaware as to why so many dates are adjourned for notice only.  

ADJOURNMENTS WITH NO REASONS

 

            Summery procedure under Consumer Protection Act provide no adjournments without noting the reasons for adjournment in special case But  in the forums,It is a normal practice to adjourn the matter for two three dates without making any noting or reason.

NOTICE AGAIN AFTER  ORDER IS MADE

Consumer forum does not have the jurisdiction to review its own order. Only  some clerical mistake is allowed to be rectified by way of corrigendum and not by amendment BUT At times forum issues notice again to the parties after order has been pronounced pointing out some mistake and re-opens the case

PROLONGED EXPERT OPINION PROCESS

            It is the forum who appoint expert agency ,sends relevant document/vehicle for inspection, fixing particular time and place, directing the parties to follow the process in prescribed time BUT The process of Obtaining expert opinion is prolonged endlessly by corresponding with the concerned agency.Consumer is loosing faith in the forums for making simple process a never ending task. 

APPEARANCE OF PROXY WITHOUT FILE

Baecause of summery procedure ,case needs to be disposed of within minimum time .  BUT

Appearance of proxy counsels without knowing the case or without file for taking  adjournment is not discouraged 

ORDER SIGNED BY THE MEMBER NOT PRESENT AT THE TIME OF ARGUMENT

As per the law,Member present at the time of argument can only sign the order BUT Member not present at the time of argument signs the order and it is open to chellange before the hihger court  for want of power /jurisdiction of the member to sign.Similarly  Member present on the day of argument but incidently absent the day  order is signed by other member ,such order is not a valid order.This is often done in the forums and such order is also open to chellange before the higher court 

SENIOR CITIZENS NOT SECURED IN PROLONGED HIGH STAKE CASES

A lot of emphasis is given to secure the interest of senior citizens in the act but a high stake cases such as real estate and insurance are prolonged .Senior citizens are  in great trouble at old age not getting a house after spending life long saving,no special provision available to them for handling such cases. Even if New Real Estate Law has come into force ,it remains common for all ,consumer forums need to consider the point on the basis of rules framed in favour of senior citizens .

The Above are not the issues of criticism but are the basic points  on which Ministry needs to survey the situation and frame rules to avoid all irregularities taking place even after passing long  thirty years. There is no fun of making law and not doing any thing to implement in its spirit.

Dr Prem Lata   

 

 

 

 

 

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