Frequent adjournments and long arguments in consumer cases are set to be a thing of the past with proposed amendments set to almost eliminate the presence of advocates.
In fact the original Consumer Protection Act, 1986, was meant to ensure that the consumers themselves argue their cases in a friendly atmosphere but the experience has been different.
With the opposite parties, manufacturers and service providers, hiring advocates, consumers are forced to follow suit.
But all this could change if the spirit of the proposed amendments, given a final shape in New Delhi recently, holds till it is made a law.
A key amendment provides for eliminating the need for advocates where claims, value of services or goods of compensation claimed, is less than Rs. 5 lakh at the district-level and Rs. 1.50 crore at the State and National-level.
Ashok R. Patil, chair professor, Chair on Consumer Law and Practice at the National Law School of India University, at a workshop here recently listed the adjournments without valid reason as a key defect of the existing law.
As a member of the drafting committee, he said that the Amendment Bill could be tabled in the winter session of Parliament.
Vashanthkumar Parigi, managing trustee of Consumer Education Trust, Bengaluru, who welcomed it, told The Hindu that lawyers are known to get frequent adjournments and many advocates were sending their juniors to appear on their behalf thereby depriving quality service to the consumer.
The amendment would make it similar to small cause courts in the United Kingdom where parties get justice fast appearing themselves.
He hoped that the thrust on e-commerce would prevent frauds by online retail traders and highlighted the example of a consumer who had booked a mobile phone but received a brick in the package.
Power concentration
Bengaluru-based Y.G. Muralidharan, member of the Central Consumer Protection Council, said that the creation of an authority had to be noted with caution as it could lead to power being concentrated in the hands of the Consumer Affairs Ministry rather than the consumers.
All three welcomed the proposal to give power to forums to enforce their orders themselves instead of depending on other departments such as revenue or the police.
Proposed amendments will almost eliminate the need for advocates
