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Knock at the door-is it all well with consumer courts -we need to think again A big barrier which comes in the way is the provision that consumer forums cannot interfere into the statutary functioning of the autonomous bodies.It is an established law that autonomous bodies have freedom to diagram their strategies, decide their annual programe of development for their respective area and fix their budge thereof ,get approvals ,allocate funds under different heads.and also make schedule for their every activity.But consumer’s concern is- whom to ask if such body does not follow their own schedule ,planning and at times neither their funds are used nor the activity so designed by themselves is translated into reality .They are answerable to none but their chair but at the same time ultimate sufferer are public at large funding their salaries and other expenses.Sewer is kept open causing child loosing life inspite of funds allocated for maintenance ,roads are full of pits and pitches prone to accidents ,responsible official to take care of this area is performing statutary duty, hence cannot be questioned Someone is to knock at the door-All is not well...

A depositor cannot be deprived of interest on their money even if the deposit was later on found not in accordance with the Post office Rules .Supreme court had held that in case of irregular deposits , nominal interest must be paid for the reasons , money had been kept with the post office irrespective of the fact who was at fault .Not only that post office is equally responsible for such mistakes and they cannot take advantage of their wrong .In number of such cases kisan vikas patra were issued in the name of HUF [Hindu Undivided Family ] which were not permitted as per post office rules .Objections were taken by the finance ministry at the time of maturity ,the same were brought to the notice of consumer forums where number of such cases were pending for adjudication .During the pendency of the cases finance Ministry gave special approvals for interest in such matters....

in the matter of Shamim Khan V New India insurance company, Maharashtra State Consumer Dispute Redressed Commission has shown insurance firms their place, directing that it is the doctor and not the insurer who can decide whether a case requires emergency medical attention or not. ......

Since the Consumer Protection Act 1986 does not mandate advocate to be appointed by the consumer for pleading the case before the fora ,it is clear : • that a party before the District Consumer Forum/State Commission cannot be compelled to engage services of an advocate. • that the Act of 1986 is a special piece of legislation for the better protection of the interests of consumers. The Act has been enacted to give succour and relief to the affected or aggrieved consumers quickly with nil or small expense. The Consumer Forum created under the Act of 1986 is uninhibited by the requirement of court fee or the formal procedures of court -...

Consumer protection [ amendment ]Bill 2011 has been submitted before the parliament on 16.12.2011 for approval with high hopes of its taking the shape of fourth amendment to the act.The significant features of this proposed amendment bill are as hereunder :...

Ever since the act has come into force, a lot of hue and cry over the authority of the forums among big business houses was made....

Under Consumer Protection Act, one is paid compensation for the loss. If a person invokes both the remedies and is paid penalty or compensation from Central Information Commission and compensation from consumer forum for deficiency the beneficiary,it will not be proper because it is well settled law that one canot be compensated twice for a loss and cannot be enriched this way ,hence can choose only one remedy....

Mediation is a voluntary process which guides the disputant parties to reach at a mutually agreeable solution with the help of a mediator....

Regarding proposal to insert more clauses of Arbitration for consumer settlements,Indian arbitration and conciliation act does not bar consumer related cases to be dealt under that act which is very much relevant for all type of cases.Inserting arbitration clause in the CP Act does not serve any purpose...

Why a few medical negligence cases succeed before the consumer forums is a burning question of the day and consumers apprehend- Doctors do not give opinion against fellow doctor...

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