Consumer Protection Act 1986 provides for establishment of consumer protection councils. Such councils are of central, state and district. The main objective of these councils is to protect and promote the rights of consumer in connection with
1. His rights to get protection against marketing of goods, services, which are hazardous to life and property.
2. His right of information about the quality, quantity, potency, purity, standard, price of goods, services to get protection against unfair trade practices.
3. His right of assurance wherever possible access to the variety of goods/services at competitive prices.
4. His rights to be heard and to be assured that the interests of consumers will receive required consideration at related forums.
5. His right to knock at the doors of the appointed authorities for Redressal of grievances against unfair trade practices restrictive trade practices, unscrupulous exploitation of consumer.
6. His right to consumer education.
Central Consumer Protection Councils
The union government by notification may establish the central consumer protection council. It is also referred as central council. The central council consists of
1. Chairman - The minister in charge consumer affairs in union government.
2. The Vice Chairman - The minister of state, or deputy minister in charge of consumer affairs in central government.
3. Member Secretary – The Secretary in charge of consumer affairs in central government.
4. Members – The minister in charge of consumer affairs in state.
5. Five members from Lokha Sabha
6. Three members from Rajya Sabha
7. The secretary of National commission of schedule cast and tribes
8. The representatives of central government departments’ autonomous organisations concerned with consumer interest (not more than Twenty)
9. Representatives of consumer organisations for consumers (not less than Thirty Five)
10. Representatives of Women (not less than Ten)
11. Representatives of farmers, trade and industries (not more than Twenty)
12. Persons capable of representing consumer interests (not more than Fifteen)
The total number of members shall not be more than 150. The term of the council is 3 years. The council shall meet at least once in a year. The central council may constitute Standing Working Group to monitor and implement its recommendations. The Member Secretary shall be the Chairman of Standing Working Group. The total number of members shall not be more than thirty, who are selected out of the members of central council. The resolutions passed by Central Council are of recommendatory in nature.
The state governments by notification may establish state consumer protection council. This is also called as State Council. The minister in charge of consumer affairs in the State will be the chairman of the council. The number of members shall as fixed by the respective states comprising both official and non-official members and also members nominated by central government. The state council shall meet at least twice in a year.
Consumer protection Act 1986 has prescribed certain procedures for filing complaint with the District forum; the complaint shall be within the pecuniary and territorial Jurisdiction and shall be within the limitation period. These aspects have been dealt in detail in previous issue.
The District Forum entertains complaints, which are related to goods sold, or agreed to be sold or delivered or to any services provided or agreed to be provided. The complainant; i.e. who files complaint must be a consumer to whom goods are sold or agreed to be sold or delivered, any services provided or agreed to be provided. Any recognized consumer association may also prefer a complaint. It is not necessary, that consumer who has actually suffered, to be a member of such association. In case there are more than one consumer, where all the consumers have common interest, any one may file a complaint with the permission of forum. The central or state Government may file a complaint in its individual capacity or as a representative of consumer interests in general.
Each and every complaint to the District forum shall have proof for having paid the prescribed fee. Many state Governments including Govt. of Karnataka have not prescribed any fee, for filing complaint with District Forum.
Depending upon the merits of the case, the forum may accept the complaint or reject it. But no complaint will be rejected unless an opportunity is provided to the complainant to present his case. The District forum has to decide about the admissibility of the complaint within twenty-one days of receipt of complaint. When once the complaint is admitted by the District forum, it shall not be transferred to any other court, tribunal or authority setup under any law, which is an force for time being.
The complainant has to submit three copies of complaints along with supportive documents to the District forum, in addition to as many copies as the number of respondents.
After admission of compliant, the District forum forwards the copy of the admitted complaint to the opposite party, within twenty-one days of admission of complaint, for submission of his version of the case. The opposite party has to submit his version of case within thirty days. This period may be extended by another fifteen days at the discretion of the forum.
The opposite party (respondent) may deny or dispute the allegations contained in the complaint or may even ignore the compliant. If necessary the District forum may arrange for analysis of disputed goods. In such cases, the complainant who has opted for analysis has to deposit the fees as specified with the forum for payment to the appropriate laboratory. The disputed goods have to tested and analyzed only at recognized appropriate laboratory. The forum shall seal the sample of the disputed goods, authenticate and forward to the appropriate laboratory with the fees directing to analyze the goods to find out whether the goods suffer from any defects as alleged in the complaint or any other defect and report to the forum. The report from the laboratory shall be made available to the forum within forty-five days of reference.
This time limit may be extended at the discretion of the forum. On receipt of the report, the District forum forwards, the copy of the report along with its remarks to the opposite party. If any of the parties disputes the finding of appropriate laboratory or the procedure followed for analysis, such objections have to be filed in writing with the forum. Thereafter, after providing reasonable opportunity to the complainant and opposite party and based on the evidence brought the forum shall settle the consumer dispute. The forum may also pass Ex-parte orders based on the evidence by the complainant, if the opposite party fails to take any action or to represent his case. If the complainant fails to appear on the date of hearing before the forum, the complaint may be dismissed or decided on merits.
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