AMENDED CONSUMER PROTECTION ACT[200] -ITS RESULTS 

About two years have passed by now when a long awaited amendement came into reality inspite of many crossings and red lights , diversions and directions on the way.But all dust and storm is yet not settled as there are still efforts being made by the parties affected adversely due to this amendment As a matter of fact, rational and judicial implementation and interpretation of the law laid down through new  and amended clauses is the most crucial job to be undertaken by the dispute redressal agencies. There are yet many bends and edges when courts are placed before a situation where they are to apply their wisdom in interpreting the statute and come to some conclusion compatible to  the very intention and purpose  of this welfare Act .

                                                                                                                                                                              It is  relevant to discuss about the Competition Act in this context.The main feature which is having direct nexus with the consumer protection act is replacement of Competion Act for MRTP Act, cosequent upon which Unfair trade practice has been completely inserted into Consumer Protection [amendment ]Act 2002 under section 2 of the Act It has been clearly spelled out and defined under the Act the word Unfair trade practice which has attracted a lot of attention of business groups .Manipulation  in price or affecting flow of supply of  goods in the market ,delay in supply of goods as agreed is having a direct check due to elaborate definition made in the new Act. Goods suppliers and service providers are coming with their own interpretation to the clauses suitable to them and many chapters are expected to be opened in due course of time to frustrate the justice in favour of consumers. Courts are to see through mirror for actual  reflection and identify the catch which will be affecting the interest of consumer at large  Once one parameter is set and accepted , that is going to become a law  in practice This is a very crucial time for the consumer protection agencies to deal with the subject very carefully and wisely so as to protect the very intention and purpose of the legislature It has also affected greatly to the companies /institutions giving very glaring picture of their product /performance through their advertisements in media In fact they are in great trouble as consumer courts are issuing orders of full reimbursement to the consumers in case of failure to fulfil their unrealistic promises they make , may it be job guaranted course or promise to a girl to make her fair with fair and lovely cream Now a days job guaranty words are getting replaced with the words job assistance Definitely sceniaro is changing and consumers are also not keeping eyes closed

                                          A very important change made in the Act regarding following the procedure under section 12 and 13 of the Act has yet not taken the desired shape for want of required infrastucture The  very idea and purpose of this welfareAct had always  been speedy disposal and summery procedure as suggested to be followed .Various judgements of Supreme Court  and National Commission have already set the law by now that courts may ignore the technicalities of CPC as and when felt necessary for meeting the end of justice while performing quasi judiciary function and now by this amendment specifically days are fixed  within which period certain procedure is to be completed and in case of failure to do so reasoning is to be recorded for the delay by the forum/commissions . Section 12 has been amended for the purpose and it has been provided that complaint shall either be admitted or rejected by giving an opportunity to be heard to the consumer within twenty one days from the date of registration of the complaint .Once the complaint is admitted ,it shall not be transferred to other court or tribunal or any other authority under any other law .That means ,if at all the case does not fall under the provisions of consumer law ,it shall be decided at the first stage it self.This was very much desired which suits both consumer as well as court .Section 13 further specifies notice be served to the parties within twenty one days from the date of admission and O P  be given thirty days for reply .Matter be decided within ninty days but if case envolves testing or analyses then five months in total for disposal of case can be take and delay if any be recorded with reason by the forum

                                          Rgarding above stated provisions redressal agencies with all their efforts  are not able to do much justice for want of adequate infrastucture though many schemes have been announced by now in the interest of consumers .We fear if this practise continues for another one year, this may also become accepted procedure frustrating the very purpose of amendment This issue needs to be given vital importance It must be understood that  it is not only the law in the books which can change the scene overnight .It is the collective efforts of total machinery involved in the procedure which can actually help the general public at large for converting an idea into reality.

                                          Section 27 of the act as amended is also not completely hurdleless when brought to the motion for implementation Act gives power to the forum of a judicial magistrate of first class for trial of offence under this act wherein court could attach the property of the proclaimed offender and even could sell the property after following the necessary procedure under the act But getting the details and whereabouts of such clever and influancial people of the society is not an easy jock for consumers . Courts find complainants helpless here at this point when they had obtained order in their favour after a lot of struggle Courts are still receaving unwanted words time and again ‘’warrants back un served  due to non availability of accused’’ But  now courts are issuing certificate to the collector for collecting the money under the new provisions which is a great relief to the consumers

                  Power of interime relief /order is proved a great blessing and consumers are not to wait for their reconnection of electricity or telephone till the matter is disposed of finally A lot of corrupt practices could be curbed by the forums at their level by summoning senior officials when found some employee arbitrarily disconnecting electricity There is a fear among the erring employees which was never seen earlier who use to sit on the files for years together and now they cannot do so due to courts intervention by way of interime order Not only that courts are now directing erring authorities to personally penalize the employee responsible for paying damages to the sufferer consumer on the strenth of Supreme courts verdict in M G Gupta  v Luchnow development Authority case in 1993.

                  Allowing service through courier has though proved things going fast but at the same time courier being private agency is not found foolproof At times it is seen notice is actually not served but complainants manage to prove service made by bringing false signatures in order to start proceedings ex parte against OP Thus there is need to earmark courier agencies also like testing labs which can be attached to the redressal agencies

                              There had been a confusion on the issue of transfer of cases from one forum to another or from one state commission to another for considerably long period Now section 17-a of the new amended act clearly states that state commission at any stage can transfer case from one district to another Similar is the situation with power to National Commission having power to transfer the cases from one state commission to another This has now cleared the doubts whereas earlier no one was seen ready to shoulder the responsibility due to unclear version on the subject

                              Raising pecuniary jurisdiction for district forums from five lacs to twenty lacs has not brought much addition to the cases on this ground Cases are no doubts increasing day by day but that is because of confidence complainants are showing in the consumer courts We find many market goods covered within five lacs even Housing and insurance also at large are covered at the most within ten lacs For upper middle class of the society wherein cost of land in posh area has increased , houses needed a little hike But then this court can entertain only the question of services and for settlement of services matter even ten lacs could be sufficient It is yet premature to say any thing at this stage may be in another few years things may change whereas we know amendments every now and then are not possible Hence this clause is not causing any hinderance in any way

 

The law stood earlier also this that an appeal against District forum go to state commission which is the next higher court for consumer matters and appeal against state commission go to National Commission, the next higher court for State Commission But none could stop anyone from filing appeal before the High court of the state against the order of district forums  High court enjoys higher status from District forum being district level cour and did entertain the cases. In some situations order of the High court and order of State commission of the same state were different on the same subject Interstingly High court order of the state are binding for all lower courts under the jurisdiction of that high court and at the same time order of the State commission are also binding for district level consumer forums . This was the anomaly which was experienced and now the amendment has specifically taken steps to spell out the appeallant courts;  State commission for district consumer forums and National commission for all State commissions .National commission appeal will lie before Supreme court Appeal will not go to any other courts as for as consumer courts matters are concerned This has shown very effective results Many High courts have rejected such appeals clearly spelling out consumer redressal agencies only competent to deal with such matters This has further placed consumer courts at high pedestal and removed a lot of anamolies

                              At the last but not the least it is true that a great deed has been done in favour of consumers, it shall be again on the shoulders of law makers to keep the spirit of this welfare act by way of legal pronouncements and interpretation of the statute.

Previous

Next