Monday, August 28, 2006

Consumer affairs again

No amount of writing on consumer affairs would be a waste. For, even if a minuscule of consumers get enlightened about the latest trends in the field, its spiralling effect would trickle down on the general populace as well.

Manufacturers, traders, service-providers and the like would be careful too.

Indian economy has been opened up. It has been a gradual process. It officially started in 1991, but then the doors were being opened little by little every year. It is only a question of time when the country would offer full convertibility in all respects as in a capitalist economy.

Unfortunately, we did not have corresponding positive changes in the consumer affairs wing. Anyway, salubrious changes are in the offing. The Consumer Protection Act is being amended substantially to include wide-ranging reforms. There are new provisions as well.

In a transaction between an individual and a mighty seller, the individual is a puny figure. In the normal course, he would not be able to take on the powerful seller when there is a dispute.

There are chit funds and private financial institutions which got away with a scheme they presented before a court of law, which appears to be taking care of the depositors. Years pass by, the depositors are left high and dry. There are not cogent laws taking care of the depositors.

At least the consumer sector is being taken care of now. When the consumer is arguing his own case, the affluent seller cannot hire a lawyer, as per the proposed amendment. Only if the complainant retains a lawyer, or if the complainant himself is a lawyer, can the seller engage one.

The consumer court will have to decide on merits, based on the complaint itself, even in the absence of the complainant. Coercion will not work out. Even if a complainant withdraws the petition, an organisation or an NGO can intervene in the interest of the community.

There can be only one adjournment of the case on each side. Delay is thus taken care of. Each party will get 30 minutes only for oral argument. The rest should be in written form. There can be video-conferencing as well.
Compensation will not be meagre. The court can award a refund with interest. Compensation will be adequate. Compensation should not be meagre to discourage the consumer.

The district fora would be headed by district judges and not a person qualified to be a district judge. No political person would be allowed on the bench.

The bench size is being increased to accommodate more women and judicial members.

The scope of consumer protection is being enlarged. Real estate promoters, builders and property dealers are being brought under the purview of the consumer protection law. Those having transactions with them can approach a consumer forum, if there would be a deficiency in service.

Education, internet purchases and municipal services are being roped in . In the light of burgeoning e-commerce transactions, tele-sales and so on, greater importance is being given to consumers. Those having international headquarters would have to open offices here or they should have agencies in India to conduct trade here.

Consumers can no longer be taken for granted. Opening up of the economy has justifiably been too good for entrepreneurs. Consumer protection provides a balancing act.

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