Protection of Indian Consumers

Protection of Indian Consumers.

By Souvik Chatterji.

Introduction:

This paper generally talks about the protection that is given by the Legislation

[1]relating to consumers in India. The Consumer Protection Act, 1986 has been amended a

number of times and is in force for the last twenty one years. This paper examines the

beneficial aspect of the legislation and the ways it can be used for the welfare of the

society.

There are 3 parts of the paper. Part I discusses the awareness of Indian consumers, part

II discusses the assertiveness of Indian consumers and Part III discusses the accessibility

of the Indian consumers to the Consumer Forum.

Every citizen of any country are consumers in one form or the other.In India every citizen

either is buying any product or service for the betterment of life.The products include

foodgrains, raw materials, stationery items and expensive items involving technical

knowhow. The services include railways, postal service, telephone , electricity and

miscellaneous types of service. Now the moment the price is paid by the person

he is qualified as a consumer.[2]Now with advancement of products the consumer is

not as knowledgeable with the product as he is expected to be. So he requires

protection. That was the background in which the Consumer Protection Act , 1986

came into force in India.

There are other Legislations which generally take care about unfair trade practises

and restrictive trade practises. There is Monopolies and Restrictive Trade Practises

Act, Sale of Goods Act, Essential Commodities Act, which also talk about the

standard of goods and services that are supposed to be presented in the market.

The difference is that that Consumer Protection Act , 1986, gives direct

guidelines as to the recourse the consumer should take in case he is duped or has

received substandard service for which he has paid money. It is a beneficial

legislation.

There are three tier Forum set up to handle consumer disputes in case the

Consumer has been duped . It includes the District Forum at the base, then there

is State Commission at the State level and the National Commission at the Central level.

The jurisdiction is divided according to the pecuniary limit of the dispute that is

presented before the Court. Once the consumer files the complaint in the Consumer

Forum, it is his burden to prove that there has been defect in the goods or deficiency of

service. If that is proved then he can get a number of types of reliefs.[3] He can get his

product changed, he can get compensation for the loss, he can get his product repaired,

he can get the service done once more.

The good thing about the Legislation is that it allows consumers to file their complaints

themselves. They don't require any lawyer. If the consumer is not sure about the

process then he can take the help of lawyers. The only requirement is that he has to file

three copies of complaints within the local jurisdication where the damage took place.

At the sametime he has to prove the product was defective and the service was not

according to the standard that was promised.

For making the consumer aware of his rights there is requirement of serious

Counseling.The consumer has to be made aware of his rights and in case the right is

infringed the protection that is available under the Act. Atleast in a country

comprising of more than 100 crores of population half of the people still don't know

about their rights as consumers. So they require awareness, assertiveness and access

to the Forum where they can seek relief.

I. Awareness of the Indian Consumers.

Any statute after coming into force can be considered to be successful in

addressing the grievances of the section of the society as a whole only if the people

at large firstly knows about the Legislation. In a country like India, it is even more

difficult because a large section of the society lives in villages where the media,

the publication sector and the awareness agencies are not that active .There are huge

number of recognized, unrecognized Voluntary Consumer Organisations and Non-

voluntary organizations who spread awareness to the rural corners of the country.[4]

In respect of services taken, the most common type of service taken by the society

is the service of doctors. There are medical negligence cases decided in different parts

of the country. [5]Some of the online organizations do online polls to know the views of

consumers.[6] But it is not accessed to that entent in the semi-urban and rural sector.

But inspite of the efforts of all the sectors the awareness level is still marginal.

II. Assertiveness of the Indian Consumers

The Consumer Protection Act, 1986 does not require the consumer to engage a

lawyer to address the deficiency in products or services. That leaves the door

open to every citizen of the country to file three copies of complaint in the

Forum which is nearest geographically and according to the pecuniary jurisdiction.

If 100 cases are filed in the different District Fora in any State , 90 of them are filed

by the lawyers and also defended by the lawyers. It shows two things. One is

that the consumer is not confident to lodge the complaint himself. The other

is that he is too busy and puts the responsibility on the shoulders of the lawyer.

The consumers have to be assertive enough to address their grievance in the nearest

Forum.

III. Access to the Consumer Forum.

Any Forum can be considered to be easily accessible if the procedure

established by law is simple, understandable and cost-effective. Generally the

complex procedures of the Indian Evidence Act is not required to establish

deficiency of products or services under the Consumer Protection Act, 1986

.At the sametime there is a District Forum at the District level in every District of the

country. As of January, 2007 there are more than 543 District Fora in India.[7]

Yet it cannot be considered totally accessible because the range of grievances

addressed in the Urbanized Forum are much more than the Rural Forum inspite of

the fact every section of the society is consuming goods and services in one form or the

other. Unless majority of consumers use the Forum for their benefit and get the

remedies available under the Act, it cannot be considered easily accessible.

Conclusion:

In conclusion it can be said that with the advent of globalization more varieties of

products are entering the market. The services also used are going to be more

complicated in future. So the consumers are required to be very conscious

about their rights and remedies. If the consumers become aware of their

rights then producers will also be aware of producing goods which bear the

standard that has been advertised. And in the process society in India will be

benefited to the maximum.

BIBLIOGRAPHY:

1) The law of Consumer Protection in India: Justice within Reach. Written by

Gurjeet Singh. Published by Vedam ebooks (P) Ltd.

2) http//www.consumeronline.org/guest/focus.

3) http//www.advantageconsumer.com.

4) http//www.hinduonnet.com/folio

Protection of Indian Consumers.

By Souvik Chatterji.



Introduction:



This paper generally talks about the protection that is given by the Legislation

relating to consumers in India. The Consumer Protection Act, 1986 has been amended a

number of times and is in force for the last twenty one years. This paper examines the

beneficial aspect of the legislation and the ways it can be used for the welfare of the

society.



There are 3 parts of the paper. Part I discusses the awareness of Indian consumers, part

II discusses the assertiveness of Indian consumers and Part III discusses the accessibility

of the Indian consumers to the Consumer Forum.



Every citizen of any country are consumers in one form or the other.In India every citizen

either is buying any product or service for the betterment of life.The products include

foodgrains, raw materials, stationery items and expensive items involving technical

knowhow. The services include railways, postal service, telephone , electricity and

miscellaneous types of service. Now the moment the price is paid by the person

he is qualified as a consumer. Now with advancement of products the consumer is

not as knowledgeable with the product as he is expected to be. So he requires

protection. That was the background in which the Consumer Protection Act , 1986

came into force in India.



There are other Legislations which generally take care about unfair trade practises

and restrictive trade practises. There is Monopolies and Restrictive Trade Practises

Act, Sale of Goods Act, Essential Commodities Act, which also talk about the

standard of goods and services that are supposed to be presented in the market.

The difference is that that Consumer Protection Act , 1986, gives direct

guidelines as to the recourse the consumer should take in case he is duped or has

received substandard service for which he has paid money. It is a beneficial

legislation.



There are three tier Forum set up to handle consumer disputes in case the

Consumer has been duped . It includes the District Forum at the base, then there

is State Commission at the State level and the National Commission at the Central level.

The jurisdiction is divided according to the pecuniary limit of the dispute that is

presented before the Court. Once the consumer files the complaint in the Consumer

Forum, it is his burden to prove that there has been defect in the goods or deficiency of

service. If that is proved then he can get a number of types of reliefs. He can get his

product changed, he can get compensation for the loss, he can get his product repaired,

he can get the service done once more.



The good thing about the Legislation is that it allows consumers to file their complaints

themselves. They don't require any lawyer. If the consumer is not sure about the

process then he can take the help of lawyers. The only requirement is that he has to file

three copies of complaints within the local jurisdication where the damage took place.

At the sametime he has to prove the product was defective and the service was not

according to the standard that was promised.



For making the consumer aware of his rights there is requirement of serious

Counseling.The consumer has to be made aware of his rights and in case the right is

infringed the protection that is available under the Act. Atleast in a country

comprising of more than 100 crores of population half of the people still don't know

about their rights as consumers. So they require awareness, assertiveness and access

to the Forum where they can seek relief.



I. Awareness of the Indian Consumers.



Any statute after coming into force can be considered to be successful in

addressing the grievances of the section of the society as a whole only if the people

at large firstly knows about the Legislation. In a country like India, it is even more

difficult because a large section of the society lives in villages where the media,

the publication sector and the awareness agencies are not that active .There are huge

number of recognized, unrecognized Voluntary Consumer Organisations and Non-

voluntary organizations who spread awareness to the rural corners of the country.

In respect of services taken, the most common type of service taken by the society

is the service of doctors. There are medical negligence cases decided in different parts

of the country. Some of the online organizations do online polls to know the views of

consumers. But it is not accessed to that entent in the semi-urban and rural sector.



But inspite of the efforts of all the sectors the awareness level is still marginal.



II. Assertiveness of the Indian Consumers



The Consumer Protection Act, 1986 does not require the consumer to engage a

lawyer to address the deficiency in products or services. That leaves the door

open to every citizen of the country to file three copies of complaint in the

Forum which is nearest geographically and according to the pecuniary jurisdiction.

If 100 cases are filed in the different District Fora in any State , 90 of them are filed

by the lawyers and also defended by the lawyers. It shows two things. One is

that the consumer is not confident to lodge the complaint himself. The other

is that he is too busy and puts the responsibility on the shoulders of the lawyer.

The consumers have to be assertive enough to address their grievance in the nearest

Forum.




III. Access to the Consumer Forum.


Any Forum can be considered to be easily accessible if the procedure

established by law is simple, understandable and cost-effective. Generally the

complex procedures of the Indian Evidence Act is not required to establish

deficiency of products or services under the Consumer Protection Act, 1986

.At the sametime there is a District Forum at the District level in every District of the

country. As of January, 2007 there are more than 543 District Fora in India.

Yet it cannot be considered totally accessible because the range of grievances

addressed in the Urbanized Forum are much more than the Rural Forum inspite of

the fact every section of the society is consuming goods and services in one form or the

other. Unless majority of consumers use the Forum for their benefit and get the

remedies available under the Act, it cannot be considered easily accessible.



Conclusion:



In conclusion it can be said that with the advent of globalization more varieties of

products are entering the market. The services also used are going to be more

complicated in future. So the consumers are required to be very conscious

about their rights and remedies. If the consumers become aware of their

rights then producers will also be aware of producing goods which bear the

standard that has been advertised. And in the process society in India will be

benefited to the maximum.




BIBLIOGRAPHY:



1) The law of Consumer Protection in India: Justice within Reach. Written by

Gurjeet Singh. Published by Vedam ebooks (P) Ltd.

2) http//www.consumeronline.org /guest/focus.

3) http//www.advantageconsumer. com.

4) http//www.hinduonnet.com/fol io

Protection of Indian Consumers.

By Souvik Chatterji.



Introduction:



This paper generally talks about the protection that is given by the Legislation

relating to consumers in India. The Consumer Protection Act, 1986 has been amended a

number of times and is in force for the last twenty one years. This paper examines the

beneficial aspect of the legislation and the ways it can be used for the welfare of the

society.



There are 3 parts of the paper. Part I discusses the awareness of Indian consumers, part

II discusses the assertiveness of Indian consumers and Part III discusses the accessibility

of the Indian consumers to the Consumer Forum.



Every citizen of any country are consumers in one form or the other.In India every citizen

either is buying any product or service for the betterment of life.The products include

foodgrains, raw materials, stationery items and expensive items involving technical

knowhow. The services include railways, postal service, telephone , electricity and

miscellaneous types of service. Now the moment the price is paid by the person

he is qualified as a consumer. Now with advancement of products the consumer is

not as knowledgeable with the product as he is expected to be. So he requires

protection. That was the background in which the Consumer Protection Act , 1986

came into force in India.



There are other Legislations which generally take care about unfair trade practises

and restrictive trade practises. There is Monopolies and Restrictive Trade Practises

Act, Sale of Goods Act, Essential Commodities Act, which also talk about the

standard of goods and services that are supposed to be presented in the market.

The difference is that that Consumer Protection Act , 1986, gives direct

guidelines as to the recourse the consumer should take in case he is duped or has

received substandard service for which he has paid money. It is a beneficial

legislation.



There are three tier Forum set up to handle consumer disputes in case the

Consumer has been duped . It includes the District Forum at the base, then there

is State Commission at the State level and the National Commission at the Central level.

The jurisdiction is divided according to the pecuniary limit of the dispute that is

presented before the Court. Once the consumer files the complaint in the Consumer

Forum, it is his burden to prove that there has been defect in the goods or deficiency of

service. If that is proved then he can get a number of types of reliefs. He can get his

product changed, he can get compensation for the loss, he can get his product repaired,

he can get the service done once more.



The good thing about the Legislation is that it allows consumers to file their complaints

themselves. They don't require any lawyer. If the consumer is not sure about the

process then he can take the help of lawyers. The only requirement is that he has to file

three copies of complaints within the local jurisdication where the damage took place.

At the sametime he has to prove the product was defective and the service was not

according to the standard that was promised.



For making the consumer aware of his rights there is requirement of serious

Counseling.The consumer has to be made aware of his rights and in case the right is

infringed the protection that is available under the Act. Atleast in a country

comprising of more than 100 crores of population half of the people still don't know

about their rights as consumers. So they require awareness, assertiveness and access

to the Forum where they can seek relief.



I. Awareness of the Indian Consumers.



Any statute after coming into force can be considered to be successful in

addressing the grievances of the section of the society as a whole only if the people

at large firstly knows about the Legislation. In a country like India, it is even more

difficult because a large section of the society lives in villages where the media,

the publication sector and the awareness agencies are not that active .There are huge

number of recognized, unrecognized Voluntary Consumer Organisations and Non-

voluntary organizations who spread awareness to the rural corners of the country.

In respect of services taken, the most common type of service taken by the society

is the service of doctors. There are medical negligence cases decided in different parts

of the country. Some of the online organizations do online polls to know the views of

consumers. But it is not accessed to that entent in the semi-urban and rural sector.



But inspite of the efforts of all the sectors the awareness level is still marginal.



II. Assertiveness of the Indian Consumers



The Consumer Protection Act, 1986 does not require the consumer to engage a

lawyer to address the deficiency in products or services. That leaves the door

open to every citizen of the country to file three copies of complaint in the

Forum which is nearest geographically and according to the pecuniary jurisdiction.

If 100 cases are filed in the different District Fora in any State , 90 of them are filed

by the lawyers and also defended by the lawyers. It shows two things. One is

that the consumer is not confident to lodge the complaint himself. The other

is that he is too busy and puts the responsibility on the shoulders of the lawyer.

The consumers have to be assertive enough to address their grievance in the nearest

Forum.




III. Access to the Consumer Forum.


Any Forum can be considered to be easily accessible if the procedure

established by law is simple, understandable and cost-effective. Generally the

complex procedures of the Indian Evidence Act is not required to establish

deficiency of products or services under the Consumer Protection Act, 1986

.At the sametime there is a District Forum at the District level in every District of the

country. As of January, 2007 there are more than 543 District Fora in India.

Yet it cannot be considered totally accessible because the range of grievances

addressed in the Urbanized Forum are much more than the Rural Forum inspite of

the fact every section of the society is consuming goods and services in one form or the

other. Unless majority of consumers use the Forum for their benefit and get the

remedies available under the Act, it cannot be considered easily accessible.



Conclusion:



In conclusion it can be said that with the advent of globalization more varieties of

products are entering the market. The services also used are going to be more

complicated in future. So the consumers are required to be very conscious

about their rights and remedies. If the consumers become aware of their

rights then producers will also be aware of producing goods which bear the

standard that has been advertised. And in the process society in India will be

benefited to the maximum.




BIBLIOGRAPHY:



1) The law of Consumer Protection in India: Justice within Reach. Written by

Gurjeet Singh. Published by Vedam ebooks (P) Ltd.

2) http//www.consumeronline.org /guest/focus.

3) http//www.advantageconsumer. com.

4) http//www.hinduonnet.com/fol io

PROJECT ON EVALUATION OF DISTRICT FORUM:
DISTRICT: KOLKATA UNIT – 1
By: Souvik Chatterji.

Contents:
Page
1) Provisions of the Consumer Protection Act in the setting up of
Consumer Forum at the District Level & nbsp; & nbsp; & nbsp; & nbsp;- 2
2) Infrastructure of District Forum (Kolkata Unit –1) &nb sp; &nb sp; -
3) Types of disputes handled by the District Forum & nbsp; & nbsp; -
4) Types of relief given by the District Forum & nbsp; & nbsp; & nbsp; -
5) Views of the consumers about working of the Forum & nbsp; -
6) Changes that can be brought about in the District Forum
for the protection of the rights of the consumers &nb sp; &nb sp; -
7) Interface with Voluntary Consumer Organizations   ;   ; -
8) Interface with Kolkata Consumer Protection Council   ; -


Provisions of the Consumer Protection Act, 1986
in the setting up of Consumer Forum at the District Level:

Consumer Disputes Redressal Forum.

Due to international character of trade and industry – having well organized highly professionalised producers and sellers on one hand and illiterate unorganized consumers on the other hand- the exploitation of consumers became inevitable in the early 1960s.The exploitation of consumers cannot be avoided without the development of international consumer protection movement. Different international legislations were made. The UN General assembly on 16th April , 1985, made the following guidelines for consumer protection. (a) Access to consumer to information needed to make choices. (b)Physical safety to consumer ,(c) Protection of economic interest of consumer (d) measures to enable consumers to obtain redress,(e) satisfactory production and performance standards, (f) adequate business practices, (g) system of distribution of essential goods, (h) international cooperation in the field of Consumer Protection .
India enacted the Consumer Protection Act, 1986 , with the object of better protection of interests of consumers and for that purpose to make provision for establishment of Consumer Protection Councils and other authorities for settlement of consumer's disputes and for matters connected therewith. The Consumer Protection Act, 1986 is a citizen –oriented social legislation intended to protect the large body of consumers from exploitation. It enables people to secure speedy and inexpensive redressal of their grievances.
The Act postulates establishment of the Central and the State Consumer Protection Councils for spreading consumer awareness. To provide cheap, speedy and simple redressal to consumer disputes, quasi-judicial machinery is set up at each District, State and National levels called District Forum, State Commission and National Commission respectively. The basic difference between the Consumer Protection Act, 1986 and other consumer oriented Acts is that while the others are punitive, the Consumer Protection Act is compensatory in nature.

At present there are 569 District Forum, 33 State Commissions and the National Commission (NCDRC) at Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delhi.
In the state of West Bengal, the Consumer Affairs Department was set up by Notification No. 74- Home (Cons) dated 26/06/1999 to safeguard the interests of consumers and redress their grievances under the Consumer Protection Act, 1986.The State Commission, District Forum, Legal Metrology Directorate, Consumer Affairs and Fair Business Practices Directorate are functioning under the administrative control of this Department.
The provisions of the Act cover "Products" and "Services". The products are those, which are manufactured or produced and old to consumers through wholesalers and retailers. The services are in the nature of transport, telephones, electricity, banking, etc, ad also include those provided by professionals like doctors, lawyers, etc.
A written complaint on plain paper (3 copies) can be filed before the District Forum (upto Rs 20 lakhs), before the State Commission (from Rs 20 lakhs to 1 crore) and before the National Commission (above Rs 1crore).
Proceedings are summary in nature and endeavour is made to grant relief to the parties in the quickest possible time (90 to 150 days with not more than 1 adjournment as far as possible) keeping in mind the spirit of the act. If a consumer is satisfied with the decision of the District Forum, he can challenge it before the State Commission. against the order of the State Commission a consumer can go to the National Commission.
In the State of West Bengal at present there is 1 State Commission in Kolkata, 20 District Forum and 1 Circuit Bench at Alipurduar in Jalpaiguri District.


Few important definitions made by the Consumer Protection Act, explains the terms related to consumer protection.

1. Consumer – Described in section 2(d) of the Act, is a person who buys goods for consideration which has been paid or promised or partly paid or partly promised, but does not include a person who obtains such goods for resale or for any commercial purpose.
Or hires services for consideration which has been paid or promised or partly paid or partly promised, but does not include a person who obtains such goods for resale or for any commercial purpose.

2. Complainant – Described in section 2(b) of the Act, is (a) a consumer, (b) any voluntary consumer organization registered under Companies Act, 1956 or any other law for the time being in force, (c) Central or State Government, who makes a complaint, (d) one or more consumers, where there are numerous consumers having the same interest, (e) in case of death of a consumer, his legal heir or representative.
3. Complaint - Described in section 2(c ) of the Act, means an allegation made in writing by a complainant that (a) unfair or restrictive trade practice has been adopted by the trader or service provider, (b) goods bought had been suffering from one or more defects, (c) services suffer from deficiency , (d) trader or service provider has charged a price excess of price fixed by law, displayed on the goods, displayed on the price list, agreed between the parties , (e) goods which are hazardous to life and safety are offered for sale to the public, (f) services which are hazardous to life and safety has been offered.
4. Consumer Dispute – Described in section 2(e) of the Act, means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.
5. Service – Described in section 2(o) of the Act, means service of any description which is made available to potential facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, entertainment, amusement, but does not include rendering any service free of charge or under a contract of personal service.



Infrastructure of the District Forum Kolkata Unit –1

Kolkata Unit -1.
Previously situated at Bhawanibhaban, Ground floor, Kolkata – 700027.
Presently situated at 8B, Nelie Sengupta Sarani, 7th Floor, Kolkata -700087.
Statement of cases filed, disposed, pending.
Filed Disposed &nbs p; Pending Within 90 days 90-150 days Above 150 days
Upto 31.3.04 25052 24408 644 &nbs p; &nbs p; 18940
%   ;97% 3% 78%

Statement of cases filed, disposed, pending.
Filed Disposed &nbs p; Pending Within 90 days 90-150 days Above 150 days
Upto 31.3.02 23830 22953 877 &nbs p; 4991 10165& nbsp; 7797
Upto 31.3.03 24495 23706 789 &nbs p; 5218 10434& nbsp; 8054


Observation: Kolkata Unit-1 being essentially an urbanized forum, huge numbers of cases are filed within the jurisdiction.
The above table shows for the year 2002, 2003 and 2004 majority of cases are disposed of within 90-150 days.
The primary objective of Consumer Protection Act is to provide for speedy inexpensive remedy for disputes relating to consumers.
2 types of inferences can be drawn from here.
1stly, consumers within this jurisdiction are aware of the existence of the Forum.
2ndly, it is not inaccessible for the consumers to address their grievances within this forum.
Lastly as Court fees are not supposed to be paid in respect of Consumer disputes the cost of filing the complaint and getting a finding is less than that of a Conventional Court.

Sources: Annual Administrative Report, 2002, 2003, 2004.
Consumer Affairs Department.


One of the important amendments brought about by
the Consumer Protection (Amendment) Act, 2002.

Section 13(3A) of the Consumer Protection Act, 1986 was inserted in 2002 .It says that every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of 3 months (90 days) from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within 5 months (150 days) if it requires analysis or testing of commodities.

Proviso: No adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded by the Forum.


Now the amendment has to be read along with the basic provision that is provided by section 13 of the Consumer Protection Act, 2002 which says the following.

1) On admission of a complaint, if it relates to goods, the District Forum shall refer a copy of the admitted complaint to the opposite party within 21 days from the date of admission, directing him to give his version of the case within 30days or such extended period not extending 15 days as may be granted by the District Forum.

2) Where the opposite party on receipt of complaint denies or disputes the allegations contained in the complaint, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g) of the Act.


3) Where complaint alleges a defect in the goods, which require analysis or test of the goods, the District Forum shall obtain sample of the goods from the complainant, seal and send to the appropriate laboratory ask it to test and report its findings within 45 days.

4) Before the sample is send to the laboratory, the District forum shall ask the complainant to pay requisite fees for such testing.


5) If any of the parties disputes the correctness of the findings of the Laboratory the District Forum shall require the party to submit in writing his objections and after giving reasonable opportunity to both the parties to be heard shall give appropriate order under section 14.

6) In case of complaint relating to services the procedure is the same with the following additions.


7) Where the opposite party omits or fails to represent his case within the time given by the Forum, the District Forum shall proceed with case exparte,

8) Where the complainant fails to appear on the date of hearing before the District Forum, the District Forum may either dismiss the complaint for default or decide it on merits.




The performance of Kolkata Unit -1
for the year (upto 31.3.2002, 31.3.2003)
in the light of these amendments.


The figure previously shown has inferred the fact that majority of the cases lodged in Kolkata Unit-1 has been disposed of within 150 days from the date of receipt of complaint. So from that point of view, the work has been satisfactory only subject to the percentage of cases pending in the Forum.
Also the Annual Administrative Report 2002, 2003 says that the work of Kolkata Unit-1 has been satisfactory. It has to a big extent fulfilled the objectives of consumer Affairs Department, which is protection of rights of consumers and easy remedy for consumer disputes.

There is no dispute as to the popularity of the District Forum; Kolkata Unit -1 .The number of consumer disputes that are lodged in this Forum generally tells the story.
The over - burdening of cases as such is creating a need for the establishment of a new Forum for the said jurisdiction. Because the strength of the said of District Forum is same as any other District Forum within the state of West Bengal, whether Rural Forum, or Semi-rural Forum or Hilly Forum or Urbanized Forum.


Percentage of cases filled/ disposed/ pending in Kolkata Unit –1


Filed Disposed &nbs p; Pending Within 90 days 90 to 150 days Above 150 days
Upto 31.03.02 23830   ; 96.32 % 3.68% 20.94% 42.66% 32.72%
Upto 31.03.03 24495 & nbsp;96.78% 3.22% &n bsp; 21.30% 42.60%&n bsp; 32.88%


Observation:

Out of 23830 cases filed in Kolkata Unit – 1, 96.32% are disposed in the year 2001 – 2002. Out of them 20.94% cases are disposed of within 90 days. 42.66% cases are disposed of within 90-150 days. 32.72% cases are disposed of above 150 days.
There is a big concern with respect to this 32.72% cases. It is because the Consumer Protection Act, 1986 strives for speedy redressal of grievances within a period of 90 days when Lab tests are not required and within a period of 150 days when Lab tests are required. Whenever the District Consumer Forum takes more than 150 days to solve the dispute, the consumer is at a disadvantage, his money, time effort, energy is taxed and the spirit of the Act is not complied with. The reasons for the delay in disposing of the cases are to be studied.

Out of 24495 cases filed in Kolkata Unit – 1, 96.78% are disposed in the year 2002 – 2003. Out of them 21.30% cases are disposed of within 90 days. 42.60% cases are disposed of within 90-150 days. 32.88% cases are disposed of above 150 days.
There is a big concern with respect to this 32.88% cases. It is because the Consumer Protection Act, 1986 strives for speedy redressal of grievances within a period of 90 days when Lab tests are not required and within a period of 150 days when Lab tests are required. Whenever the District Consumer Forum takes more than 150 days to solve the dispute, the consumer is at a disadvantage, his money, time effort, energy is taxed and the spirit of the Act is not complied with. The reasons for the delay in disposing of the cases are to be studied.


Types of disputes handled by the District Forum:

The provisions of the Act cover "Products" and "Services". The products are those, which are manufactured or produced and old to consumers through wholesalers and retailers. The services are in the nature of transport, telephones, electricity, banking, etc, ad also include those provided by professionals like doctors, lawyers, etc.

According to the Consumer Protection Act, 1986, the moment the consumer buys products or services, he qualifies himself as a consumer and can approach the Consumer forum for relief. Disputes range for private complaints to disputes involving telephones, CESC, Postal Department, Banks, Insurance Sectors, Railway Services and huge number of cases of medical negligence.

From August, 2002, following the inauguration of its website on 31st July, Consumer Affairs Department introduced a scheme for redressal of consumer's grievances by mediation. Any aggrieved consumer can approach the Consumer Affairs Department or Directorate of Consumer Affairs and Fair Business Practices over telephone or by emailing at the address, cadwb@vsnl.net, sec-cons@wib.nic.in, seccons@wb.gov.in ,cafbpwb@vsnl.net and clmwb@vsnl.net. All such complaints are responded to within 24 hours .Since inception 329 cases have been resolved without recourse to Forum till 31.3.2004.


Types of relief given by the District Forum:

There are several types of reliefs given by Kolkata Unit -1 Forum in its original jurisdiction when complaints are made under the Consumer Protection Act, 1986.
When (a) there is defect in the goods or services, the defect can be rectified.
(b) When there is defect in the goods bought, it can be changed.
(c) The price paid by the Consumer for buying the goods can be returned.
(d) Compensation can be paid to the consumer who has been cheated.
(e) In any place where unfair trade or commerce is carried and such traders are involved in giving defective goods or services, such trade practices can be stopped.


Views of the consumers about the working of the District Forum:


Changes that can be brought about in the District Forum
for the protection of the rights of the consumers:

1.Presence of lawyers – Although the consumers can address their disputes in Consumer Forum, without paying Court fees and without requiring the aid of a lawyer, if they take the help of lawyers there is no rule which can prevent their entry. There is no express piece of legislation which can keep lawyers outside the premises of Consumer Forum. There are other Acts which has such provision, for example, section 13 of the Family Courts Act, 1984 prevents a lawyer from entering a Family Court.
As far as the disadvantages are concerned, the moment a lawyer is appointed, his fees are to be paid by the consumer. Not only that, a lawyer essentially tries to bring in the procedural complexities enshrined in the Indian Evidence Act, which increases the burden of proof on the part of the complainant. It takes more time to get a finding. Lastly, the spirit of the Consumer Protection Act, 1986, which is speedy inexpensive simple redressal of consumer disputes, is lost. Kolkata Unit -1 Forum was previously situated at the ground floor of Bhawanibhaban which was very close to Alipore Judges Court. One of the main reasons of shifting it to Nelie Sengupta Sarani was to bring it out of the reach of lawyers. It is because at that time frequently lawyers used to come from Alipore Judges Court and motivate the ordinary consumers in engaging them.
In short, the less is the number of lawyers in a Consumer Forum, the simpler can be the process of adjudication of consumer disputes.

2. Weak information management system – As far as Kolkata Unit -1 is concerned there is no administrative wing who can give informations. For that matter, it is weak in most of the District Fora, because no person is deputed for management of such system.
In the age of computers, details of redressal of consumer disputes should be saved in computer and whenever information is required it should be delivered with least amount of formalities to be done.
In the State Commission, at least there is an office of the Registrar, who maintains records of the events taking place in State Commission.
So, an office of the Registrar should be provided in each District Forum to take care of information of management.

3. Lack of communication to ordinary consumers – Every consumer has a right to know the progress of their dispute and in case it is taking time for getting the final finding, any other information, which is related to them. Such types of details are not provided to them by the District Forum.
So it is recommended that a person should be employed within the District forum to provide information to consumers about the dispute that is addressed in the Forum any any other thing that is related to their dispute.

4. Execution of orders – When adjudication is made with respect to a consumer dispute, the parties do not get the benefit immediately, as long as they are not executed.
In Consumer Forum, huge time is taken to get the findings executed after lets say the order of the Forum, has gone in favour of the Consumer. There is a maxim of equity, which says, delay defeats justice. If the orders are not executed in time, the consumer does not get adequate relief.
So it is recommended that, execution of orders of the District Consumer Forum is done in the shortest time possible.

6. Counselling Unit absent in District Forum – Consumers have a right of being properly advised before they actually file a suit before the Consumer Forum. Unfortunately in the District Forum, counselling units are absent. Whenever an ordinary consumer, enters a District Forum, either the person files the complaint or decides otherwise in withdrawing from filing the complaint. As far as getting guidance, as to whether the dispute can be settled amicably is concerned, the consumer gets no help.
So it is recommended that there should be counselling units at each District Forum, for aid and guidance of ordinary consumers.

7. Use of Consumer Welfare Officer – Consumer welfare officers are appointed in each District Forum for the welfare of the consumers. Unfortunately, they are utilized in Judicial work for the interest of the Forum. It is quite sad. The reason for their employment is to help the consumers in understanding their, counselling, giving them advises and explaining the remedies available to them under law.
So it is recommended that the consumer welfare officers should be involved with only work related to the welfare of the consumers, which is guiding, counselling, and advising them about their rights and remedies.

8. Creation of a pool of officers who are trained to serve the District Forum – Generally the Consumer Welfare Officers are send by the Assistant Director of each district to serve the District forum. Neither are they trained, nor are they equipped to fulfill the responsibilities of consumer Welfare Officer.
So it is recommended that if officers are first of all trained by the Consumer Affairs Department and then send to the respective Forum, then they will be able to do their work properly and consumers are going to be benefited from their work.

9. Settlement of small cases by the Consumer Affairs Department – There are huge number of cases which are getting settled by the Consumer Affairs Department, by simple advising system and amicable procedure. In these ways the consumers are not really expected to address their dispute in the Consumer Forum.
So it is recommended, that such amicable settlement by the Consumer Affairs Department in those simple cases should be recognized and given legal status.

10. Amendment of the Act in respect of international dispute – Now whenever either of the parties are non-Indians having residence or place of business abroad, there is no provision existing in the Consumer Protection Act , 1986 which says where should their dispute be settled? If the opposite party stays abroad, can a consumer Forum in India compel them to come and face the dispute settlement in a Consumer forum in India? Not only that in respect of cyber crimes, what is the manner in which consumers and opposite parties are to be dealt with in Consumer Forum in India?
So it is recommended that the Consumer Protection Act, 1986 should be amended to make room for international disputes. The Jurisdiction should be given and the place of dispute redressal should be specified. Also mechanism should be created to tackle cybercrimes relating to consumer.

11. Amendment of the Consumer Protection Act to address dubious advertisements – At present unless the consumer pays or promises to pay price for buying goods or hiring services, he cannot bring any dispute in Consumer forum. But there are huge numbers of dubious advertisements displayed at public places which bewilder ordinary consumers. Nothing can be done about that with the present set of rules.
So it is recommended that consumers should be allowed to file complaint if they are duped by such advertisement even if they don't buy the product and hire the service advertised.


Interface with Voluntary Consumer Organizations:

Voluntary Consumer Organizations located in Calcutta
associated with Kolkata Unit – 1 District Forum

There are lot of Voluntary Consumer Organizations and NGOs working with consumers at different levels. The object of most of these organizations is to create consumer awareness and where rights of consumers are infringed, to help the consumers to address their grievances in the respective Consumer Forum and providing them adequate remedy. Out of them there are a number of VCOs, which receive grant from Consumer Welfare Fund. The list of such VCOs are mentioned below which are recognized by the State Government (State of West Bengal).

Serial No. Name of VCO. Address. Amount of grant sanctioned Date of Sanction Date of release Purpose of the grant
1. All India Women's Conference Chowringhee Branch, 39 Shakespeare Sarani, Kolkata. Rs 1, 25,000. 8.11.1994 &n bsp; 13.3.1995 Consu mer Aware
ness
2. Consumer' Action Forum 5/1 Red Cross Place, Kolkata –62. Rs 93,600 13.06.1995 &n bsp; 31.5. 1996 Consumer Aware
ness
3. Federation of consumer Associations, West Bengal 39, Shakespeare Sarani, Kolkata. Rs 49,500 - 30.3.1998 &n bsp; Consumer Awareness
4. Better Business Bureau 39, Shakespeare Sarani Rs 2,50,000 14.02.2001'   ; 10.4.2001 DC IC
5. Better Business Bureau 3, Nandan Road, Kolkata –700025 - &nbs p; - - &n bsp; Consumer Awareness.
6. Amherst Street Indira Sevasram 111, Amherst Street, Kolkata –9 - - &nbs p;- Awareness development
7. North –East Calcutta Association 43/7, Muraripukur Road, Kolkata –67 - - &nbs p;- Awareness program
8. Port Area Consumer Association 71/1C, Diamond Harbour Road, Kolkata -23. - - &nbs p;- Awareness development


Interface with Kolkata Consumer Protection Council.


Section 8 A of the Consumer Protection [Amendment] Act, 2002 had inserted the provision of District Consumer Protection Council.

It says that the State Government shall establish by notification a council known as District Consumer Protection Council for every District.
The District Consumer Protection Council shall consist of the following members,
(1) (a) The Collector of the District, who shall be its chairman,
(b) such number of other official and non-official member representing such interests as prescribed by the State Government.
(2) The District Council shall meet as and when necessary but not less than two meetings every year.
(3) The District Council shall meet at such time and place within the district as the chairman thinks fit and shall observe such procedure as prescribed by The State Government.

Section 8 B – Objects of the District Council are as follows:
(1) Protect the right of the Consumers against the marketing of goods, which are hazardous to life and property,
(2) Inform the Consumers about the quality, quantity, purity, standard and price of goods or services so as to protect the consumer against unfair trade practices,
(3) Assure the consumers about access to a variety of goods and services at competitive prices,
(4) ensure the consumers the right to be heard and assured that consumer interests will receive due consideration at appropriate forum,
(5) ensure the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers,
(6) ensure the right to consumer education.


The amended Consumer Protection Act, 2002, did not provide for setting up any agency like DCPC for metro cities like Kolkata.The Consumer Affairs Department requested the Government of India to amend the CP Act, for the purpose. As there was no response, by an order issued under Memo. No. 11851-CA, dated 22-12-2003 by the Chief Secretary, Government established the Kolkata Consumer Protection Council to protect the rights as provided under section 6 of the CP Act, for the Kolkata Metropolitan Corporation Area. The Commissioner, KMC is the chairman of the Council. The first meeting of the KCPC was held on 20th February, 2004.
In Kolkata we have the Kolkata District Consumer Protection Council working in close coordination with the District Consumer Redressal Forum in Kolkata.

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