Functioning of consumer courts
M. PIRAVI PERUMAL
(Querist) 23 December 2008
This query is : Resolved
The Consumer Protection Act, 1986
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. All the provisions of the Act have come into force from 1 July 1987.
The Act was amended in 1991 and 1993. To make the Consumer Protection Act more functional and purposeful, a comprehensive amendment was carried out in December 2002 and brought into force from 15 March 2003. As a sequel, the Consumer Protection Rules, 1987 were also amended and notified on 5 March 2004. The salient features of the Act are: (I) it applies to all goods and services unless specifically exempted by the Central Government; (ii) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature; (iii) It enshrines the following rights of consumers: (a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers' interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education; (iv) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives will be to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and (vi) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
At present there are 35 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is required to set up the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. Since its inception and up to March 2004, 32,910 cases were filed out of which 24,974 cases disposed of in the National Commission. Similarly 3,01,485 cases were filed and 1,97,797 cases disposed of in the State Commissions and 18,86,236 cases were filed and 16,46,698 cases disposed of in the district fora. Overall 18,69,469 cases have been disposed of out of 22,20,631 cases filed with a remarkable disposal rate of 84.2 per cent.
The government has declared 24 December as 'National Consumer Day', since the President gave his assent on that day to the enactment of the historic Consumer Protection Act, 1986. Besides this 15 March is observed as 'World Consumer Rights Day' every year.
Srinivas.B.S.S.T
(Expert) 23 December 2008
Valuable information Sir. No doubt the enactment of this act has armed the consumer to fight for redressal of his grievances.
Kiran Kumar
(Expert) 24 December 2008
pls give this info either in the form of an article or in the forum so that could be discussed properly.
