The law needs be implemented efficiently
Though the Consumer Protection Act (CPA),1986, is on its way to complete three decades, yet the Act has failed to secure the rights of the consumers the way it should have done. Over the years, the institutional mechanism created under the CPA has largely ignored the legitimate rights of its stakeholders. It has been observed that the consumer's rights such as right to safety, right to be heard, right to choose, right to seek redressal and right to consumer education, which are enshrined in the CPA, have hardly been made available to the ordinary citizens. It must be stated that the Indian CPA itself has inbuilt provisions to make ‘consumers as kings'.
The CPA mandates the establishment of consumer protection councils at national, State and district levels. The idea was to promote awareness among the consumers. The quasi-judicial bodies like the National Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commissions and District forums have been created to provide speedy and summary redressal of consumer disputes. Despite having such elaborate quasi-judicial systems in place under the supervision of either a sitting or a retired Supreme Court judge, the consumers have been generally wary of approaching these forums, fearing delays and complications.
Why have consumer courts not been able to deliver the required services to consumersIJ A high level committee headed by a former Supreme Court judge, Arijit Pasayat, revealed that most of the consumer forums do not have the minimum facilities to function. There is little awareness created by these bodies among the consumers. The committee also highlighted the near-total non-functioning of the members coming from other than judicial services in these bodies. They are mostly political appointees, who are either do not come to the office or even if they come, they work in their political interests. Thus, their influence and presence have directly affected the performance of these vital bodies. It must be noted that lack of attractive remuneration has failed to bring talented and serious people to the consumer forums.
For instance, years ago, rising medical negligence of patients came to light. But then, it was stressed that the relationship between the patient and the doctor was fiduciary in nature, so it should not come under the CPA. However, as long the patient pays, he is a consumer and any dispute arising out of such conflicts must (and did) come under the jurisdiction of the CPA.Thus, possession of basic knowledge is essential on the part of the members of the consumer bodies, else they won’t be able to offer their services even if they are available in office. The root of the problem lies in the selection of non-judicial members. There is no transparency in their selection process. The Government must see to it that these forums function with adequate resources and competent staff, and deliver justice to consumers on time. Ordinary consumers should not be made run to the regular courts where lakhs of other cases are already pending. Sensing the expansion of global market forces, the Government must step in and look into the recommendations put forward by the Justice Pasayat panel. Consumer rights must be respected not just on paper but also in practice.