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(PART
OF PROJECT REPORT SUBMITTED TO TATA LEGAL SERVICE)
The year 1986
is a ‘Magna Carta’ in the history of Consumerism. It was this
year that witnessed the enactment of the Consumer Protection Act.
The first ever legislation in India of its kind which solely aimed
at the grief staken consumers who the victims of the unfair trade
practices and sub standard services rendered to them. The preamble
to this Act reads as follows: An Act to provide for better
protection of the interests of the consumers and to make
provisions for the establishment of consumer councils and other
authorities for the settlement of consumers’ disputes and fpr
matter connected therewith.Thus the preamble to this Act makes the
intention of the framers of this Act crystal clear . The setting
up of the dispute redressal machinery was only to secure and
enable speedy justice to the aggrieved consumers. But the only
point on which this mission could not give back its 100% waste
short sightedness in visualising the problem which occur at the
post implementation period of the orders/decrees of the redressal
foras. This was ultimately realised by the legislature though not
much expediently, as an outcome of which the Consumer Protection
(Amendment) Bill is before the house. The recommended amendment in
the Act are varied and multi-dimensional. The major being the
enlargement in the jurisdiction of the foras both in pecutionary
and other matters.
Though the proposed changes will improve the deplorable situation
but not the fullest extent. I feel that the following changes must
be brought to implement the spirit of this Act in its fullest
amplitude. In my opinion the amendment required in the Consumer
Protection Act is regarding the appointment of President of
District Forum, National Commission. Further, to amend the
provision of Section 25, which deals with the ‘Enforcement of
orders by the Forum, the State Commission or the National
Commission.
AMENDMENT SUGGESTED
This act may be called the THE CONSUMER AND PROTECTION (AMENDMENT)
ACT shall apply to the whole of India except the state of Jammu
& Kashmir. This act shall come into force w.e.f. notification
published in the official gazette by the Central Government. An
act to provide for greater autonomy and realize the objective of
speedy disposal and simple and cost effective redressal to the
consumers.
The first change I would suggest is that section 10(A): ‘a
person who is, or has been, or is qualified to be a District
Judge, who shall be its President’ should be deleted and the
section should read as under:
S.10. Composition of the District Forum:-
1. Each District Forum shall consist of :
a) [ a President , who is a District Judge,]
b) ***
(1A) ***
2. [ Both members (excluding the President)]
[J substituted by Consumer Protection Act (Amendment) Act]
of the District Forum shall hold office for a term of five years
or upto the age of 65 years, which ever is earlier, and shall not
be eligible for re-appointment, provided that .. member who has
resigned.
P.S: [ (4) Notwithstanding anything contained in sub section (1)
(a), a person appointed as President before the commencement of
the Consumer Protection (amendment) Act, shall continue to hold
such office as President, till the completion of his term.]
[(2A) The District Judge shall be posted on these posts by the
concerned High Court of that state, normally for a term of three
years.]
3. ***
[(3A) The salary or honorarium and other allowance payable to, and
the other terms and conditions of service of the President of the
District Forum shall not be to the disadvantage to his conditions
of service.]
P.S: The section which further requires some variation is section
16.
S.16: Composition of the State Commission :
(1) Each State Commission shall consist of
(a) [its President appointed by State Govt. who is a Judge of a
High Court.]
[ ] substituted by the Consumer Protection (Amendment Act)
Provided that no appointment under this clause shall be made
except after consultation with Chief Justice of the High Court.
(b) ***
(2) The salary or honorarium and other allowance payable to, and
the other terms and conditions of service of, [the two members] of
the state commission shall be such may be prescribed by the State
Government.
(2A) The salary or honorarium and other allowance payable to, and
the other terms and conditions of service of, the President of the
State Commission shall not be to the disadvantage to his
conditions of service.
(3) [The two members] of the State Commission shall hold office
for a term of five years or upto the age of sixty seven years,
whichever is earlier and shall not be eligible or re-appointment.
(4) Notwithstanding anything contained in sub-section (1) (a) a
person appointed as President before the commencement of the
Consumer Protection (Amendment) Act shall continue to hold office
as the President, till the completion of his term.]
To conclude in matters of appointment of President of the Foras
the section which needs amendment is section .20.
S.20: Composition of the National Commission
(1) The National Commission shall consist of :-
[ (a) A person who is Judge of the Supreme Court, to be appointed
by the Central Government, who shall be its President:]
Provided that no .. in consultation with the Chief Justice.
[ ] sub. By the C.P.(A) Act.
(b) ***
(2) *** --------- of the [four] members.
[(A) The salary or honorarium and other allowance payable to and
the other terms and conditions of the President of the National
Commission shall not be to the disadvantage to is condition of
service.]
(3) [ The four members ] ---------------- reappointed.
(4) Notwithstanding anything contained in sub section (1) (a), a
person appointed as a President before the commencement of the
Consumer Protection (Amendment) Act, shall continue to hold office
of the President , till the completion of his term ] sub.
To realize the intention of the legislatures and fulfillment of
the Act to provide speedy redressal , the section 25 may be
substituted as follows:-
[S.(25) Enforcement of orders by the Forum, the State Commission
or the National Commission Every order made by the District Forum,
the State Commission, or the National Commission may be enforced
by the District Forum, the State Commission or the National
Commission, as the case may be , in the same manner as if it were
a decree or order made by a Court in a suit pending therein.
Note: The aim is that the application for execution of an order of
the District Forum , the State Commission or the National
Commission is, thus to be dealt with in accordance with the
provisions of section 37 to 74 read with Order XXI of the code of
Civil Procedure, 1908] substituted.
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You may also contact the author for any query concerning
this article : p.a.s.pati@legalserviceindia.com
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