The dividing line seems to be blurring. Consumer courts are fast becoming like civil courts. Set up to protect the rights of consumers by providing them speedy and inexpensive redressal, consumer courts are barely living up to their gigantic task because of either the lacunae in the law or inadequate implementation of the law.Though the Consumer Protection Act, 1986, gives a consumer the right to information about the quality and quantity of goods and services, access to a variety of goods and services at competitive prices, protection against the marketing of hazardous goods and services, redressal against an unfair or restrictive trade practice, and consumer education, the Act is either silent or ambiguous on many crucial counts.
Excess pricing of services is not a ground of complaint under the Act. Consumers can't seek redressal even if a delay in delivery of goods or providing of services causes them additional expense. There is also no provision for providing legal help to consumers, thereby jeopardising the interests of a complainant, who is pitted against a lawyer hired by a business group.
Services don't specifically include those provided by professionals. Deficient services, if provided free of charge, are also exempted. Patients undergoing treatment in government hospitals can't complain because they are availing of a free service rendered by the government.
There are no specific laws on financial services for the rights of consumers and the obligations of financial service providers. The accountability of monoliths such as electricity, telephone and transport departments leaves much to be desired.
The Act does not empower consumer courts to review their own decisions. Besides, there is ambiguity on the issue of the award of interim relief or punitive damages to a complainant.
Apart from its shortcomings, the Act's provisions are not adhered to strictly. A court is required to deliver its verdict within 90 days. The disposal time limit may extend to 150 days if the defective goods need to be sent for testing to a laboratory. But hardly any cases get decided within the stipulated time-frame. Besides, there is no time limit for the disposal of appeal and revision petitions.
The reasons are many. Logistic problems such as lack of facilities and proper accommodation hamper the functioning of consumer courts. Shortage of staff and appointment of officials with neither background nor interest in consumer related disputes don't help either. Little wonder then that some courts even try to avoid entertaining complaints if they involve complicated issues, though the apex forum has time and again given directions to the contrary. And lastly, no serious efforts have been undertaken by the government to educate consumers about their rights.
As we approach World Consumer Rights Day on March 15, there may not be many reasons to celebrate the day. But there are plenty of reasons for non-governmental organisations and informed consumers to strive harder to build up a strong consumer movement to lobby for consumers' rights.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
