Improving Consumer Courts: Addl Inputs
The Department of Consumer Affairs is conducting consumer consultation in the Connected Consumer circle. If you have not participated in the discussions there and have inputs on how consumer courts in India can be improved, kindly review the information below and share your inputs.
We look forward to your inputs!
Improving Consumer Courts - Solutions from Consumers
1. The Department of Consumer Affairs should be separated from Food and Civil Supplies under State Governments so it gets the deserved focus. A separate Department with Minister and Secretary will get more attention to consumer issues
2. State Consumer Affairs Departments should ensure
adequate availability of facilities like infrastructure, dedicated staff and administrative and financial powers to the State and District Consumer Fora/Commission
3. The number of consumer courts should be increased
as per work load or the size of the district so that consumers from far flung areas need not travel to district headquarters
4.Working hours of the consumer courts should be
strictly imposed irrespective of number of cases file.
5. Consumer Courts should not have any vacation period like other courts
6. Action to get vacant member posts filled must start six months before vacancy
7. Civil court procedures like unending adjournments, and evidence act should not be followed in the consumer courts
8. Filing of cases procedure should be made simple
9. Court proceedings should start within 2 weeks after all documents are filed
10. There are apex court judgements that defendants have to file their statements within 30 days or a maximum extension of 15 days only can be allowed, at discretion of the bench. This should be strictly followed
11. The act provides that if the complainant did not engage a lawyer, the defendant also cannot. This should be enforced
12. The verbal arguments of the complainant should be properly recorded
13. Parties should be mandated to tender evidence and written arguments within the timelines
14. In certain kind of cases, the oral hearing should be dispensed with and consumer court should give decision based on written proofs/statements/documents submitted by both the parties
15. Consumer Court should fix time limit for all type of cases
16. Consumer Court should make its procedures easy so that a common man feels comfortable in approaching it
17. An online version of the consumer courts should be started to save time and cost decisions may be taken based on video hearing wherever possible
18. The OMBUDSMAN culture must be encouraged where industry body/trade body/social/RWA/ consumer bodies etc. are better connected and have managed to become one step prior to consumer courts
19.There should be a financial limit under which no lawyer should be allowed to appear in the court.
Consumer Courts – Issues as raised by Consumers
1. The entire process of the Consumer Court is very time consuming
2. A lot of paper work is involved in these cases
3. Consumer Courts are overloaded with pending work
4. Adjournments given to defendants are pretty long
5. Dishonoring adjournments by either side is not taken seriously
6. Members are not professionals, but retired part timers or political nominees
7. There is no review mechanism on performance of members by NCDRC
8. Members come at their own time, and leave at their own
9. Despite online facilities, a lot of courts even in NCR do not display cause list / listing date online
10. They take years to give judgment on simple cases and after all that the compensation granted is just around INR 5000-10,000 because of no provision for mediation
11. The quality of judgments in the District Consumer Forum is not satisfactory as skill in writing judgments are poor
12. In many states the Consumer Courts lack firmness, fair dealing and honesty
13. The Reader is always busy with case files
14. The President of consumer court is unable to find time to look after the day to day working as they are tied up with making the orders
15. Representation by lawyers complicates cases
16. There is very limited accountability of officials
17. Some consumer courts work for as less as 120 days in a year
18. Many deserving cases of the consumers are dismissed on flimsy technical grounds
19. Some district forum officials are reportedly involved in forging/altering records.
20. Courts have no suo motu powers; only on a complaint they can take action
21. There are no contempt of court powers
22. Execution powers are poor ;often they need to depend upon civil courts
23. No separate cadre for supporting staff
24. No review powers ,hence even small cases go to state commission
25 No cap on appeals and small value cases reach NCDRC
26. Execution of decree not possible if appeal is filed even though not admitted
27. Poor infrastructure
28. Mo financial powers ; not declared head of Office, no drawing disbursing power
29. Companies often skip district fora hearing and file appeal on expartee decree at state commission
30. Cannot prevent an unfair trade practice unless someone file complaint
31. Court culture brought in by ex judicial officers as Presidents
32. Instead of summary procedure on natural justice principle, often CPC procedures and evidence act provisions are adhered to
33. Poor perks to Members
34. Selection of Members on weak procedure brings in people without skills
35. Delay in appointments raises pendency load
36. Appointments delayed on political considerations more
We look forward to your inputs!
Improving Consumer Courts - Solutions from Consumers
1. The Department of Consumer Affairs should be separated from Food and Civil Supplies under State Governments so it gets the deserved focus. A separate Department with Minister and Secretary will get more attention to consumer issues
2. State Consumer Affairs Departments should ensure
adequate availability of facilities like infrastructure, dedicated staff and administrative and financial powers to the State and District Consumer Fora/Commission
3. The number of consumer courts should be increased
as per work load or the size of the district so that consumers from far flung areas need not travel to district headquarters
4.Working hours of the consumer courts should be
strictly imposed irrespective of number of cases file.
5. Consumer Courts should not have any vacation period like other courts
6. Action to get vacant member posts filled must start six months before vacancy
7. Civil court procedures like unending adjournments, and evidence act should not be followed in the consumer courts
8. Filing of cases procedure should be made simple
9. Court proceedings should start within 2 weeks after all documents are filed
10. There are apex court judgements that defendants have to file their statements within 30 days or a maximum extension of 15 days only can be allowed, at discretion of the bench. This should be strictly followed
11. The act provides that if the complainant did not engage a lawyer, the defendant also cannot. This should be enforced
12. The verbal arguments of the complainant should be properly recorded
13. Parties should be mandated to tender evidence and written arguments within the timelines
14. In certain kind of cases, the oral hearing should be dispensed with and consumer court should give decision based on written proofs/statements/documents submitted by both the parties
15. Consumer Court should fix time limit for all type of cases
16. Consumer Court should make its procedures easy so that a common man feels comfortable in approaching it
17. An online version of the consumer courts should be started to save time and cost decisions may be taken based on video hearing wherever possible
18. The OMBUDSMAN culture must be encouraged where industry body/trade body/social/RWA/ consumer bodies etc. are better connected and have managed to become one step prior to consumer courts
19.There should be a financial limit under which no lawyer should be allowed to appear in the court.
Consumer Courts – Issues as raised by Consumers
1. The entire process of the Consumer Court is very time consuming
2. A lot of paper work is involved in these cases
3. Consumer Courts are overloaded with pending work
4. Adjournments given to defendants are pretty long
5. Dishonoring adjournments by either side is not taken seriously
6. Members are not professionals, but retired part timers or political nominees
7. There is no review mechanism on performance of members by NCDRC
8. Members come at their own time, and leave at their own
9. Despite online facilities, a lot of courts even in NCR do not display cause list / listing date online
10. They take years to give judgment on simple cases and after all that the compensation granted is just around INR 5000-10,000 because of no provision for mediation
11. The quality of judgments in the District Consumer Forum is not satisfactory as skill in writing judgments are poor
12. In many states the Consumer Courts lack firmness, fair dealing and honesty
13. The Reader is always busy with case files
14. The President of consumer court is unable to find time to look after the day to day working as they are tied up with making the orders
15. Representation by lawyers complicates cases
16. There is very limited accountability of officials
17. Some consumer courts work for as less as 120 days in a year
18. Many deserving cases of the consumers are dismissed on flimsy technical grounds
19. Some district forum officials are reportedly involved in forging/altering records.
20. Courts have no suo motu powers; only on a complaint they can take action
21. There are no contempt of court powers
22. Execution powers are poor ;often they need to depend upon civil courts
23. No separate cadre for supporting staff
24. No review powers ,hence even small cases go to state commission
25 No cap on appeals and small value cases reach NCDRC
26. Execution of decree not possible if appeal is filed even though not admitted
27. Poor infrastructure
28. Mo financial powers ; not declared head of Office, no drawing disbursing power
29. Companies often skip district fora hearing and file appeal on expartee decree at state commission
30. Cannot prevent an unfair trade practice unless someone file complaint
31. Court culture brought in by ex judicial officers as Presidents
32. Instead of summary procedure on natural justice principle, often CPC procedures and evidence act provisions are adhered to
33. Poor perks to Members
34. Selection of Members on weak procedure brings in people without skills
35. Delay in appointments raises pendency load
36. Appointments delayed on political considerations more
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Oct 31
The details of this document and the earlier laws are lost in the "if"s, "or"s, "but"s, "where"s, "when"s. Let us go by spirit and remove the earlier laws more
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