more powers for consumer courts
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Tags: The National | The Centre | state government | State Consumer Commission | official | forum
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More powers for consumer courtsPrafulla Marapakwar, TNN Jan 16, 2012, 03.05AM IST
The Centre will soon amend its landmark consumer protection Act to provide for enforcementof orders passed by the district, state and national-level courts in letter and spirit.
"In several cases, it was found that pro-consumer orders were not being implemented. In viewof the scant regard for the orders passed by the consumer courts, the Centre has now decidedto grant them the powers of the civil and criminal courts to enforce the orders," a member ofthe state consumer commission told TOI on Thursday.
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The member said that at the moment, as per the provisions of the consumer protection Act,particularly sections 25 and 27, a commission has powers to initiate civil and criminalproceedings, but it involves a lot of delay. The Centre has now proposed to amend the Act, as aresult of which an order passed by the district forum, state or national commission, will beenforced as a decree of a civil court. "Such a modification is considered essential in view of theexperiences gained during the implementation of the Act. The amendment is intended to deterwilful offenders and also to ensure speedy and proper execution of the order," he said.
Stating that a bill to amend the Consumer Protection Act, 1986, has already been introduced inthe Lok Sabha on December 16, a senior bureaucrat said that the Centre has proposed to bringin a system of filing complaints online, payment for non-compliance of order, more powers tothe district forum and increase of age in appointment.
As all consumer courts are being computerized in a phased manner, it has been proposed tomake provision for registering complaints and paying fees electronically. "We feel if the entiresystem is made online, it will be consumer friendly and save a lot of time," he said.
Every person who does not comply with the order passed by the consumer court will have topay Rs 500, or 1.5% of the value of the amount awarded, whichever is higher, for each day ofdelay of such non-compliance of the order. "We found that orders passed by the forum areeither not implemented or there is an inordinate delay, and therefore, it has been proposed toimpose a fine," he said.
The district forum will be empowered to function in any place apart from the districtheadquarters in consultation with the state government. The Centre has proposed to increasethe minimum age for appointment as member in the case of state commission from 35 to 45years and in case of national commission, from 35 to 55 years. For appointment as a memberin the state commission, the experience needed has been increased from 10 years to 20 years,while for the national commission, it has been enhanced from 10 years to 30 years. "We feelthat by making such changes, there will be an improvement in the quality of persons applyingfor these posts," he said.
The official said both national and state commission will be empowered to secure assistance ofany individual or organization to assist them in the case of large interest of consumers. He saidthe Centre will now be empowered to call for reports of pending cases from the nationalcommission, while similar powers would be given to the state.
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