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Friday, June 26, 1998

Make Consumer Protection Act more comprehensive and enforceable 

Rajiv Tikoo  
Relevance is the lifeline of legislations. Only those legislations serve their avowed purpose which are regularly amended to keep pace with the changing times. Little wonder, the recommendations made by the expert group set up last year to suggest changes in the Consumer Protection Act, 1986, have been welcomed by all.

In its recently reported recommendations, the group, comprising representatives of the Department of Consumer Affairs, industry and voluntary consumer organisations, has demanded that all related services connected with banking, finance, insurance and transport be brought within the purview of the Act. At present, free services stand excluded. The group has also made a plea for allowing aggrieved people to file a complaint in a consumer court anywhere in the country. As things stand now, one can complain only in a court either near the place of purchase or where the offending company has an office, which implies that an aggrieved person who buys an appliance in one place and gets transferredout can't complain at the new place unless the offending company has an office there.

Recommending reduction in the period for sending notices to the responding party from 30-45 days to 21 days (of receiving the complaint), the group has pleaded for speedy disposal of cases. The group has also advocated that courts be authorised to term unfair terms of contract as illegal, and grant relief.

Besides, there are other lacunae in the Act, which many consumer activists have been pointing out from time to time, that require immediate attention. These include incorporating specific provisions on financial services in the Act to lay down the obligations of financial service providers. The excess pricing of services may be made into a ground of complaint. Consumers should be entitled to seek redressal under the Act if the delay in delivery of goods or provision of services causes additional expenditure or inconvenience. Making disposal of appeal and revision petitions time-bound is also called for. Courts needto be vested with the authority to review their own decisions. It's desirable that the ambiguity on the issue of the award of interim relief or punitive damages to a complainant be removed.

Most importantly, legal help should be made available to consumers.

Particularly, when they are pitched against lawyers hired by businesses.Apart from amending the legislation, the government must also find out why all provisions in the existing Act are not adhered to strictly. For example, courts rarely deliver their verdicts within the stipulated 90-150 days. It has been time and again pointed out that lack of necessary infrastructure and proper accommodation is the root cause of delay.

Similarly, shortage of trained manpower in consumer bodies is also blamed for hampering the functioning of courts. The government ought to take note of all these factors.

Legislations in themselves are not enough. Implementation is very important. So are conditions. Only the right mix of comprehensive legislation, faithfulimplementation and conducive conditions will ensure that consumers get speedy and inexpensive redressal.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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